HUNTSVILLE — An East Texas man is scheduled to be put to death on Oct. 17 in what would be the nation’s first execution for “shaken baby syndrome.”
That now debunked theory claims violently shaking a baby can result in fatal brain damage — but without leaving any other signs of physical trauma like broken bones or neck injuries.
In 2002, Robert Roberson’s two-year old daughter, Nikki, was sick with a fever of 104.5. The little girl was born with health problems. She would frequently stop breathing and turn blue.
Roberson took Nikki to the hospital twice and was given medication that experts say was dangerous for a child. And she stopped breathing again.
When they went back to the hospital in Palestine, Texas, Nikki could not be resuscitated, and she died.
“Well, I ended up here. I lost my little girl and stuff, and then they accused me of it because I couldn't explain what happened to her," Roberson told TPR in an interview at the Huntsville Unit. "So, they just said I was guilty of it because the hospital told the investigators that it was a certain type of case shaking baby, and that's the way they went. They never did investigate it.”
Roberson has an intellectual disability. He is on the autism spectrum, and he also has a low IQ.
Roberson’s attorney, Gretchen Sween, described him as being like the fictional character Forrest Gump.
“He's been described by people who know him as like Forrest Gump," Sween said. "He has this developmental disability but he also has this sort of childlike innocence and authenticity and is very intuitive and kind about people.”
Sween said the hospital did a CAT scan of Nikki and they found a swollen bleeding brain — a classic sign of shaken baby syndrome.
But now medical science has shown that pneumonia and starving the brain of oxygen can also create those symptoms — and Nikki had both of those.
The hospital called the police, and they immediately suspected Roberson because of his odd behavior. Brian Wharton was the lead detective for the Palestine Police Department.
“They're also telling us, 'dad's here, dad's the one that brought her in. He's acting a little strange.' Was this him trying to cover something?" Wharton said. "It was just a hint, a clue that there was something amiss here.”
Roberson was arrested, convicted and sentenced to death partly because of his flat non emotional behavior in the courtroom in front of the jury. They were never told about Nikki’s medical history.
Throughout the arrest and trial and while on death row, Roberson clung to hope.
"I thought they was going to figure it out and do what's right. I thought we hit a fair and criminal justice system, but I learned a lot different now since what happened all these years," Roberson told TPR. "I thought everything my mom kept telling me ... 'if you didn't do nothing, it'd get worked out, it'd get worked out.' And they tried to get me plead for life sentence three times. I'm not going to take no life sentence, and I'm not going to plead out to nothing I didn't do.”
Wharton is now retired and is now a minister. Rev. Wharton admitted they made a mistake.
"I'm stunned that we are, at this point. I really am. That we are now dependent upon a clemency hearing to get justice for Robert," Wharton said. 'And so here's another moment in Texas, another moment for the death penalty where we need to be taking long, hard looks at what we think is justice."
Recently, a bipartisan group of lawmakers went to death row to meet and pray with Roberson. A bipartisan group of 86 Texas legislators urged the Texas Board of Pardons and Paroles and Gov. Greg Abbott to recommend clemency for Roberson.
The State of Texas has only granted clemency four times since the U.S. Supreme Court reinstated the death penalty in 1976.
