Texas Death Row inmate Robert Roberson has been issued an execution date of Oct. 17. Roberson, many of his friends, family and supporters say the East Texas man committed no crime and is actually innocent of the 2003 killing of his two-year-old daughter.
Roberson has maintained his innocence while being held on death row for more than 20 years. The Texas Court of Criminal Appeals previously halted his execution in 2016. But in 2023, the state’s highest criminal court decided that doubt over the cause of his daughter’s death was not enough to overturn his death sentence.
On February 1, 2002, Roberson's daughter Nikki was ill with pneumonia and had a fever of 104.5 the night she collapsed. She had also been given medication, which is no longer considered safe for children.
Roberson rushed his daughter to the hospital where she was pronounced dead. Pediatric doctors detected symptoms, including brain swelling, symptoms which at the time were considered to be certain proof of child abuse and violent shaking.
Witnesses and police at the hospital observed what they considered odd behavior from Roberson and thought it inappropriate for a father who should be grieving the death of his daughter. This added to their suspicion that he killed his own daughter.
This behavior was part of the basis for Roberson’s arrest and his prosecution at the 2003 trial. The jury was told that Roberson was a cold and calculating father who displayed no emotion.
It was only after his conviction and death sentence that Roberson was diagnosed with autism. What police and witnesses saw was a non-neurotypical response to an overwhelming situation.
Guest:
Gretchen Sween is Robert Roberson’s attorney.
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