Robert Roberson’s Attorney Responds to CCA Granting New Trial to Andrew Roark Convicted on Unreliable Shaken Baby Syndrome

Today, the Texas Court of Criminal Appeals (CCA) granted a new trial for Texas habeas applicant Andrew Roark on the grounds that his 2000 conviction in a Shaken Baby/Shaken Impact (SBS) case must be vacated because it was based on scientific understanding that has since evolved. The Court also found that the “admissible scientific testimony” in a new trial today “would likely yield an acquittal.” 

In response, Gretchen Sims Sween, Ph.D., J.D., Mr. Roberson’s attorney, made the following statement:

“Today something remarkable occurred: the Texas Court of Criminal Appeals has wisely held that the Shaken Baby hypothesis used to convict a Dallas man named Andrew Roark has not withstood scrutiny as science has evolved. Therefore, he deserves a new trial. This same Shaken Baby hypothesis—including virtually identical testimony from the very same child abuse specialist—was used to convict Robert Roberson in 2003 in Anderson County, Texas. Because there is no meaningful distinction between Mr. Roark’s and Mr. Roberson’s cases in terms of the State’s cause-of-injury theory, and because Mr. Roberson has since adduced overwhelming evidence of the natural and accidental causes for the tragic death of his very ill daughter, he too should, quite logically, be awarded a new trial.

“The same prosecution expert testified in both trials making many identical pronouncements about how shaking had to be the principal explanation for the child’s brain condition, when science has since demonstrated that many things, including natural disease progression and accidental short falls with head impact, can cause the same conditions. The flaws in the expert testimony are nearly identical.

“We hope the CCA will see the strong parallels between these two SBS cases that we have highlighted in an emergency motion to stay Mr. Roberson’s October 17 execution date, which was filed before the decision in Mr. Roark’s case was announced. We are hopeful that consistent application of Texas’s trailblazing “changed science law” (Article 11.073) will mean that Mr. Roberson’s execution will be stopped, and he too will be awarded a new trial.”

— Gretchen Sims Sween, Ph.D., J.D., attorney for Robert Roberson

— October 9, 2024

The Texas Court of Criminal Appeals’ decision in Ex Parte Andrew Wayne Roark can be viewed here.

Robert Roberson’s Emergency Motion for Stay of Execution Based on New Grounds can be viewed here: https://tinyurl.com/yc76dduh