Introduction to the Case
Texas death row inmate Robert Roberson will not seek clemency ahead of his scheduled execution in three weeks. Instead, he will focus on obtaining a new trial in his capital murder conviction. Roberson was convicted in 2003 for the death of his 2-year-old daughter, Nikki, who was diagnosed with shaken baby syndrome. He has maintained his innocence over the two decades he has spent on death row.
The Conviction and Diagnosis
Roberson argues that scientific evidence developed since his conviction invalidates Nikki’s diagnosis and shows that she died from chronic illness — not from being shaken so violently that she died, as prosecutors claimed at Roberson’s trial. His lawyer, Gretchen Sween, advises him not to apply for clemency again because it would offer a "grossly inadequate remedy." A commutation of sentence is not justice for an innocent man who was wrongfully convicted of a crime that never occurred.
The Clemency Process
Under Texas law, a majority of the Texas Board of Pardons and Paroles must recommend clemency before the governor may grant it. Clemency in a capital case could mean a commutation of the sentence to life in prison and a reprieve of the execution, but would not affect the conviction. Roberson’s application for clemency last year was denied by the board the day before he was set to be executed.
New Appeal and Evidence
Roberson filed a new appeal in August, citing new evidence brought to his legal team in June and claiming the judiciary in Anderson County — where he was convicted — acted unconstitutionally multiple times in his case. His petition claims that Nikki was taken off life support at the direction of her grandparents — despite Roberson being her sole conservator — only after representatives of the Anderson County Judiciary falsely told hospital staff that the couple was Nikki’s legal conservators.
The State’s Response
The state has maintained that the evidence backing Roberson’s conviction still stands. Prosecutors have also sought to downplay the centrality of Nikki’s shaken baby diagnosis in his trial. However, Roberson’s lawyer notes that Gov. Greg Abbott has the authority to issue a one-time 30-day stay of execution. If Texas goes through with Roberson’s execution, he will become the first person in the United States put to death based on a shaken baby syndrome diagnosis.
Conclusion
Robert Roberson’s case highlights the complexities and controversies surrounding capital punishment and shaken baby syndrome diagnoses. His lawyer believes that he is actually innocent and that executing him would be an extreme miscarriage of justice. As the execution date approaches, Roberson’s fate remains uncertain, leaving many to wonder if justice will be served. The outcome of his case will have significant implications for the use of shaken baby syndrome diagnoses in capital cases and the integrity of the Texas justice system.
