Robert Roberson, 57, is scheduled to be executed by lethal injection in Texas on Thursday for the murder of his two-year-old daughter, Nikki Curtis, in 2002. Roberson was convicted based on testimony from a pediatrician who claimed that swelling and hemorrhages in Curtis’ brain were consistent with shaken baby syndrome. However, Roberson’s legal team, led by attorney Gretchen Sween, argues that there is limited and outdated evidence supporting this diagnosis.
They suggest that Curtis may have died due to severe pneumonia. Multiple Texas lawmakers, medical experts, and advocates have voiced concerns over the scientific basis of Roberson’s conviction. Recently uncovered evidence suggests that the child’s symptoms were misinterpreted, with severe pneumonia likely being the actual cause of death.
In 2018, Roberson was diagnosed with autism, which could have influenced how the jury perceived his demeanor during the trial.
Roberson’s contested conviction facing scrutiny
Brian Wharton, the lead detective who initially investigated Curtis’ death and directed Roberson’s arrest, has since become one of Roberson’s advocates, declaring his innocence.
“Let me just say, Robert is an innocent man,” Wharton remarked. “But more than that, he is a kind man. He is a gentle man.
He is a gracious man.”
Texas lawmakers are set to hold a hearing at the Capitol on Wednesday to discuss Roberson’s situation and broader issues related to convictions based on contested scientific claims, referred to as “junk science.” Representative Lacey Hull emphasized the need for fairness in the justice system. Roberson’s defense team, supported by advocates, continues to seek clemency or a stay of execution from the Texas Court of Criminal Appeals, which recently overturned a similar shaken baby syndrome conviction. In the US, at least 32 parents and caregivers across 18 states have been exonerated after being wrongfully convicted under this disputed diagnosis.
