Robert Roberson, an autistic Texan man who is scheduled for execution on October 17, 2024, has filed a formal clemency petition to the Governor of Texas and the Texas Board of Pardons and Paroles, requesting either commutation of his death sentence to a lesser penalty or a 180-day reprieve to allow for a full review of the case.
Roberson is accused of being responsible of the 2002 death of his two-year-old daughter Nikki. His clemency petition includes new medical evidence surrounding her death and the support of a wide range of supporters, who are asking Gov. Greg Abbott to "do the right thing".
A criminal case based on debunked science
Roberson's conviction relied heavily on the now-discredited "Shaken Baby Syndrome" (SBS) theory. Prosecutors argued that he violently shook Nikki, causing her fatal brain injuries. However, medical experts and the scientists behind the birth of the SBS theory have since debunked the science behind it, calling it scientifically unreliable. New evidence presented in Roberson's clemency petition shows that Nikki died from undiagnosed pneumonia, exacerbated by improper medication, rather than from any physical abuse.
Testimony from former lead detective Brian Wharton
One of the most powerful endorsements for clemency came from Brian Wharton, the former chief detective who initially led the investigation against Roberson. Wharton has publicly expressed his remorse for his role in the case and now believes Roberson is innocent. In Tuesday's press conference, Wharton shared:
"I had a role and responsibility. My testimony would convict him to death row... The system failed Robert to provide him true justice."
Wharton admits that SBS was the central factor guiding the investigation.
"Shaken Baby Syndrome—those three words led the investigation from that point forward. I simply accepted their explanation. Eventually, I learned the truth, that she had died of illness and medical mistakes... I also learned the theory we used to judge Robert had been debunked. Dozens of people have been exonerated after being wrongly convicted."
Wharton also talked about meeting Roberson on death row, where he found Roberson to be a kind and forgiving person, despite the injustice done to him:
"Even though I helped put him on death row, he received me with grace... I will be somehow fractured if the state continues in pursuit of his death. I'm convinced he is an innocent man; there was no crime committed here. I will be forever haunted by my participation."
New medical evidence
In addition to Wharton's testimony, medical experts have come forward to challenge the initial findings. Dr. Francis Green, an expert in lung pathology, concluded that Nikki died from severe viral and bacterial pneumonia, a diagnosis missed at the time of her death. Dr. Green explained:
"All of Nikki's symptoms can be explained by her undiagnosed pneumonia. Her death was a tragedy, but there is no evidence that her father abused her."
This medical re-evaluation aligns with the expert opinion of Dr. Julie Mack, who reviewed long-lost CAT scans of Nikki's head, finding no evidence of the multiple impacts claimed by the prosecution. Dr. Keenan Bora also highlighted the inappropriate medications prescribed to Nikki, which worsened her respiratory issues.
Roberson's late autism diagnosis and its role in trial
An additional component of the clemency plea is Roberson's diagnosis of Autism Spectrum Disorder, which explains his behavior during Nikki's final hospitalization. At the time, his flat affect was misinterpreted as a lack of remorse or concern for his daughter. Gretchen Sween, Roberson's longtime attorney, described how the misunderstanding of his autism played a significant role in his conviction:
"He was immediately prejudged as suspicious because of a symptom of his autism—his lack of affect was judged as a lack of caring... He didn't receive justice in the very beginning of it."
Sween explained that Roberson, who had fought for custody of Nikki, was not allowed to be with her during her final moments in the hospital and was quickly accused of her death based on the now-discredited SBS theory.
Former detective Wharton echoed this claim, saying he judged Roberson at the time and interpreted his behavior following his daughter's death as an indication of guilt. "I never understood why Robert didn't behave in normal ways. He didn't respond as a distraught father" he said. "Now I understand he was a person with a disability."
Widespread support from advocates and experts
Kate Judson, Executive Director of the Center for Integrity in Forensic Sciences, described Roberson's case as one of the most egregious examples of wrongful conviction she's encountered:
"SBS used against Mr. Roberson is not science, period. His case represents one of the most extreme examples. Now, no one well-informed on these issues would give the type of testimony used in Roberson's trial."
Judson referenced a similar case, highlighting the dangerous reliance on SBS in wrongful convictions:
"Alan Butts, a man in Ohio, suffered a similar fate. His son died from pneumonia and sepsis that went undiagnosed." Butss spent 19 years in prison and one year on house arrest before his exoneration."
John Grisham, best-selling novelist and board member of the Innocence Project, also lent his voice in support of Roberson, calling attention to the gross miscarriages of justice in the case:
"What's amazing about Robert's case is that there was no crime. Texas is about to execute another innocent man. The mistakes are too big, the stakes are too big."
A growing bipartisan call for clemency
Roberson's clemency petition has gained bipartisan support from 84 Texas lawmakers who are calling for his execution to be halted. These lawmakers, along with medical professionals, autism advocacy groups, and public figures, have joined to urge Gov. Abbott and the Texas Board of Pardons and Paroles to intervene.
"This case should trouble every Texan no matter their position on the death penalty. There are so many errors and flaws surrounding this case that surpass partisanship" Nan Tolson, Director of Texas Conservatives Concerned About the Death Penalty said. "Texas has executed at least 8 innocent people, we can't add Mr. Roberson to the list."
What will happen next?
As the clock ticks down to Robert Roberson's execution date, his legal team and supporters are working tirelessly to halt the execution. Roberson's clemency petition not only calls for mercy but demands a reexamination of the facts that were overlooked or misunderstood during his initial trial. If the Texas Board of Pardons and Paroles recommends clemency, it will be up to Governor Abbott to decide whether to intervene and stop the execution.
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