Death row inmate Robert Roberson files new appeal, citing misdiagnosis and new evidence
AUSTIN — Death row inmate Robert Roberson has filed a new appeal with the Texas Court of Criminal Appeals, the state's highest criminal court, presenting what his defense claims are new legal and scientific developments aimed at overturning his death sentence.
Roberson was convicted of capital murder in 2003 for the death of his 2-year-old daughter, Nikki. His legal team continues to argue that she was misdiagnosed with shaken baby syndrome. The appeal challenges this diagnosis, including testimony from experts suggesting that the child died from severe viral and bacterial pneumonia, exacerbated by prescribed dangerous medications, rather than abuse.
Roberson's defense contends that he has spent 22 years on death row as an innocent man. They also highlight that Roberson, who dropped out of school after the 9th grade as a special education student, has autism spectrum disorder.
"There was no homicide, only the tragic death of his very ill little girl," Roberson's attorneys said.
Roberson was scheduled to be executed in October 2024. However, the Texas Supreme Court ultimately stayed it, after state lawmakers became involved, to allow for further testimony and consideration of new evidence.
His legal team seeks for him to be declared innocent, granted a new trial, or have the case sent back to the district court for further fact-finding.
According to his defense, the new information demonstrates that no rational juror would find Roberson guilty of capital murder, as the verdict was based on outdated scientific and medical evidence. They claim that police and prosecutors rushed to judgment, leading to his wrongful conviction under the discredited shaken baby syndrome hypothesis.
New expert opinions find the shaken baby diagnosis unsound and assert that the autopsy ruling the child's death a homicide was flawed, his legal team said. Since 1992, at least 40 parents and caregivers have been exonerated after wrongful shaken baby convictions, according to his defense team. They also cite an October 2024 Texas Court of Criminal Appeals decision overturning a similar shaken baby conviction out of Dallas County.
Roberson has garnered bipartisan support from Texas lawmakers and various advocacy groups.
Meanwhile, Roberson's execution has not been rescheduled.
