Robert Roberson, a 56-year-old man with autism, is set to be executed in Texas on October 17, 2024, for a crime that many believe he did not commit. His case is a stark example of how the justice system can fail individuals with autism and how outdated medical theories can lead to wrongful convictions.
1. The Case Against Robert Roberson
In 2002, Robert Roberson's two-year-old daughter, Nikki, died under circumstances that led to his arrest and subsequent conviction for her death. The prosecution's case relied heavily on the now-discredited 'shaken baby syndrome' (SBS) hypothesis, which suggests that a child's injuries are caused by violent shaking of the head. However, this theory has been widely discredited by medical experts and has been shown to be unreliable in diagnosing child abuse.
Nikki had a history of chronic health issues and infections, which were not adequately addressed by her medical team. Her death was attributed to a severe form of undiagnosed viral pneumonia, which was not recognized at the time of her autopsy. The high levels of prescription medication she was given also contributed to her death, as it is now understood that these medications can be deadly in children with advanced pneumonia.
Despite overwhelming evidence that Nikki's death was accidental and natural, Robert Roberson was convicted and sentenced to death. His autism was not considered during the trial, and his behavior was misinterpreted as lacking emotion, which further contributed to his wrongful conviction.
2. The Role of Autism in the Case
Robert Roberson has been diagnosed with autism spectrum disorder (ASD). His social problem-solving skills were equivalent to those of an 11-year-old, and he struggled to understand sarcasm and sincerity. These characteristics were not taken into account during his trial, leading to a misunderstanding of his behavior.
Psychologist Diane Mosnik testified at a 2018 appeal hearing that autism helped explain Roberson's deviations from social norms, such as his flat affect and reliance on scripted behavior. However, this evidence was not considered by the jury during his trial.
3. Growing Support for Roberson's Innocence
Roberson's case has garnered significant attention and support from various groups, including eminent scientists, doctors, faith leaders, innocence groups, former federal judges, and best-selling novelist John Grisham. Even the lead detective who testified for the prosecution has come to believe that Nikki died of accidental and natural causes.
The Innocence Project has joined Roberson's legal team to prevent an innocent man from being executed for a crime that never occurred. The organization highlights several key points about Roberson's wrongful conviction, including the prosecution's reliance on unscientific evidence and the jury's presentation of unfounded claims of child abuse.
4. Legal Challenges and Appeals
In 2016, the Texas Court of Criminal Appeals stayed Roberson's execution based on a new law permitting legal challenges based on changes in science used to obtain convictions. A nine-day evidentiary hearing in 2021 provided compelling evidence that SBS had been discredited and that Nikki died of natural and accidental causes.
Despite this new evidence, the trial court ignored expert testimony and rubber-stamped the prosecution's findings. The case now rests with Governor Greg Abbott, who has the power to commute Roberson's sentence or grant clemency.
5. Call for Clemency
Numerous autism and parental rights organizations have sent letters to the Texas Board of Pardons and Paroles and Governor Abbott asking them to spare Roberson's life. The debate about autism in Roberson's case comes amid a surge in executions across several states, highlighting the need for a thorough review of death penalty cases involving individuals with autism.
The execution of Robert Roberson would be a tragic miscarriage of justice, especially given the overwhelming evidence of his innocence. It is imperative that Governor Abbott and the Texas Board of Pardons and Paroles take immediate action to prevent this injustice from occurring.
