Robert Roberson’s Attorneys Respond to Denial of Clemency Request by Texas Board of Pardons And Paroles

(Tuesday, October 16, 2024) Today, the Texas Board of Pardons and Paroles failed to recommend that Governor Greg Abbott grant clemency for Robert Roberson. Mr. Roberson, an innocent father with autism, has spent more than 20 years on death row for a crime that never occurred. Mr. Roberson is scheduled for execution in Texas on Thursday, Oct. 17 at 6 p.m. C.T.

In response, Gretchen Sween, one of Mr. Roberson’s attorneys, made the following statement:

“We urge Governor Abbott to grant a reprieve of 30 days to allow litigation to continue and have a court hear the overwhelming new medical and scientific evidence that shows Robert Roberson’s chronically ill, 2-year-old daughter, Nikki, died of natural and accidental causes, not abuse. A reprieve will also give Texas legislators time to investigate why Texas’s vaunted ‘changed science’ habeas law, which allows prisoners to challenge convictions based on science that turns out to be disproven or wrong, is not being applied as intended in the courts.”

“It is quite possible that Mr. Roberson would not be on death row today, but for his autism. In 2002, Nikki was sick with a high fever and undiagnosed pneumonia when she suffered a short fall from bed. When Mr. Roberson found Nikki unconscious on the morning of January 31, 2002, he tried to revive her and then rushed her to the ER, where staff did not know that he had autism and judged his flat affect as a sign of guilt. Brian Wharton, the lead detective in charge of investigating Nikki’s death who directed that Mr. Roberson be arrested based on a doctor’s Shaken Baby hypothesis made before an autopsy was performed, and who testified for the prosecution at trial, now believes that Mr. Roberson is innocent and has spoken out widely about the need to right the wrong done in this case.”

“On October 9, 2024, the Texas Court of Criminal Appeals (CCA) granted a new trial for a Dallas man, Andrew Roark, convicted in 2000 under the Shaken Baby/Shaken Impact hypothesis because the ‘science’ used to convict him has evolved and does not withstand scrutiny in light of contemporary scientific understanding. The expert used by the prosecution was the same in Mr. Roark’s case and Mr. Roberson’s case. The flawed testimony in both cases was virtually identical. Consistency demands that if Mr. Roark was given a new trial, Mr. Roberson must also be given a new trial. But so far, no court has been willing to consider three new expert reports showing that Nikki died of pneumonia, proof that Mr. Roberson is innocent of any crime.”

“It is not shocking that the criminal justice system failed Mr. Roberson so badly. What’s shocking is that, so far, the system has been unable to correct itself—when Texas lawmakers recognized the problem with wrongful convictions based on discredited ‘science’ over ten years ago. We have tried multiple times to utilize that law. Multiple times we have been turned away—without explanation or consideration of the new evidence. We will ask Governor Abbott to issue a 30-day reprieve so we can continue to pursue Mr. Roberson’s innocence claim. We pray that Governor Abbott does everything in his power to prevent the tragic, irreversible mistake of executing an innocent man.”

— Gretchen Sween, one of Mr. Roberson’s attorneys, Oct. 16, 2024

Today, the Texas House of Representatives Criminal Justice Reform Committee held a hearing on the new medical and scientific evidence in Mr. Roberson’s case and investigate how Texas’ “changed science” law, which allows prisoners to  challenge convictions based on science that turns out to be disproven or wrong, is not being applied as intended in the courts. A bipartisan group of 86 Texas legislators urged the Governor to grant clemency because new evidence shows that Nikki died of natural and accidental causes, not the debunked Shaken Baby hypothesis the State used to convict Mr. Roberson.

Late yesterday, in a letter brief filed in the CCA, members of the Texas House of Representatives who serve on its Committee on Criminal Jurisprudence wrote to “respectfully request a stay of execution for Robert Roberson until the end of the 2025 legislative session so that the legislature can consider amendments to Article 11.073 and other legislation that may affect this case. That request was denied earlier today.

Also earlier today, a coalition of advocates, including an autism advocacy leader and Texas exonerees will deliver over 116,000 petition signatures to Governor Abbott urging that Mr. Roberson’s execution be stopped. Mr. Roberson’s innocence claim has attracted widespread, diverse, and growing support, including from 34 eminent scientists and doctors, eight advocates for parental rights, eight organizations that advocate for people with autism and their families, faith leaders, innocence advocacy groups, former judges, 70 attorneys who have represented people wrongfully accused of child abuse, best-selling novelist John Grisham, and the former lead detective, Brian Wharton, who testified against Mr. Roberson at trial but is now fighting to stop his execution.

The Texas Board of Pardons and Paroles’ vote can be viewed here.