Houston (AFP) – A Texas man whose execution was called off at the last minute is to testify on Monday before state lawmakers looking into his controversial conviction in a “shaken baby syndrome” case. Robert Roberson, 57, had been scheduled to die by lethal injection at the Texas state penitentiary in Huntsville on Thursday for the February 2002 death of his two-year-old daughter, Nikki. But the Texas Supreme Court stayed his execution in response to an extraordinary bipartisan appeal from members of the state House of Representatives.
Texas lawmakers have ordered Roberson, who is autistic, to testify on Monday before a House committee that is examining his conviction. “We look forward to welcoming Robert to the Texas Capitol, and along with 31 million Texans, finally giving him — and the truth — a chance to be heard,” state representatives Joe Moody, a Democrat, and Jeff Leach, a Republican, said in a joint statement. Roberson is scheduled to testify at noon Central Time (1700 GMT) before the House Committee on Criminal Jurisprudence, which is holding a hearing about the use of “junk science” in criminal prosecutions.
It was unclear late Sunday whether Roberson would appear in person or by video link from prison. Roberson’s attorney and lawmakers have insisted on him being physically present, while the Texas attorney general’s office is seeking an appearance by Zoom. A bipartisan group of 86 Texas lawmakers has urged clemency for Roberson, citing “voluminous new scientific evidence” that casts doubt on his guilt. Roberson would be the first person executed in the United States based on a diagnosis of shaken baby syndrome, according to his lawyers.
His case has drawn the attention of not only Texas lawmakers but also of best-selling American novelist John Grisham, medical experts, and the Innocence Project, which works to reverse wrongful convictions. Also among his supporters is the man who put him behind bars — Brian Wharton, the former chief detective in the town of Palestine. “Knowing everything that I know now, I am firmly convinced that Robert is an innocent man,” Wharton said.
Roberson has always maintained his innocence and his attorney, Gretchen Sween, said the new medical and scientific evidence shows his daughter died of “natural and accidental causes, not abuse.” The diagnosis of shaken baby syndrome, made at the hospital where Roberson’s chronically ill daughter died, was erroneous and the cause of death was in fact pneumonia, aggravated by doctors prescribing improper medication, Sween said.
Roberson’s legal efforts to save his life had been thwarted at every turn until the Texas Supreme Court stepped in at the 11th hour late Thursday, granting him a temporary reprieve. The Texas Board of Pardons and Paroles declined by a 6-0 vote to recommend clemency to Roberson, and the US Supreme Court denied his request for a stay of execution without comment.
According to Kate Judson of the Center for Integrity in Forensic Sciences, more than 30 parents and caregivers in 18 US states have been exonerated after being wrongfully convicted using “unscientific” shaken baby testimony. Sween said Roberson’s autism spectrum disorder, which was not diagnosed until 2018, contributed to his arrest and conviction. “It is quite possible that Mr. Roberson would not be on death row today, but for his autism,” she said. Sween noted that staff at the hospital where his daughter was admitted did not know he had autism and “judged his flat affect as a sign of guilt.”
There have been 20 executions in the United States this year.
© 2024 AFP
