Is an Innocent Man About to be Executed in Texas? Backlash as Clemency Bid Rejected for Man Convicted in Controversial 'Shaken Baby' Case
In a shocking turn of events, the Texas Board of Pardons and Paroles rejected a clemency request for Robert Roberson, a man set to be executed Thursday for the 2002 death of his 2-year-old daughter, Nikki. Despite mounting evidence that the science behind "shaken baby syndrome" — the very foundation of Roberson’s conviction — has been largely discredited, the state remains determined to proceed with his execution.
Roberson’s conviction, handed down in 2003, rested entirely on the now-questionable theory that he fatally injured his daughter by shaking her, a claim that both legal and medical experts now refute. As Texas pushes forward with his execution, many are left wondering how such a monumental failure of justice could be allowed to stand.
Most damning is the testimony of Brian Wharton, the lead detective in Roberson’s case, who now admits he was wrong. At the time of the investigation, Wharton was convinced by the medical opinion that Nikki’s injuries were consistent with shaken baby syndrome. However, years later, after learning more about Roberson’s autism — which likely explained his stoic demeanor during the ordeal — and discovering that the medical basis for the syndrome has been discredited, Wharton has reversed his position.
"It seems fairly clear to me that the science we based our case on disappeared," said Wharton, now a Methodist minister. "The foundations of our case no longer exist... This was a perfect case for the junk science law." His plea for Roberson’s life to be spared was a passionate one: "I am stunned, I am shocked, that we are at this place with Robert Roberson. I just don't understand it."
One would expect such a powerful admission — from the very person responsible for building the case — to give pause to the authorities. Yet, in a baffling display of indifference, the Texas Board of Pardons and Paroles unanimously denied the clemency request. Their decision comes on the heels of a 5-4 ruling by the Texas Court of Criminal Appeals, which also dismissed calls for a stay of execution. These rulings have sent shockwaves through both the legal and public communities.
The Board’s refusal to grant clemency, despite the collapse of the science underpinning Roberson’s conviction, demonstrates a level of obstinance that can only be described as intellectually bankrupt. Their failure to engage with the realities of modern science is not just shocking — it is a dereliction of their moral duty. When the justice system refuses to correct its course even in the face of overwhelming evidence, it loses the trust of the people it’s meant to serve.
Roberson, who has autism, remains scheduled for execution on Thursday, which would make him the first American to be executed for a case involving shaken baby syndrome. His defenders, including experts and lawmakers, point out that the diagnosis — once widely accepted — is now seen by many as outdated and unreliable.
Members of the Texas House Criminal Jurisprudence Committee recently appealed to the courts to delay Roberson’s execution, arguing that the state’s "junk science" law, which allows for the reevaluation of cases based on discredited science, should apply here. Even Dr. Norman Guthkelch, the pioneering physician who initially hypothesized shaken baby syndrome, has expressed concern. He stated bluntly, "I am frankly quite disturbed that what I intended as a friendly suggestion for avoiding injury to children has become an excuse for imprisoning innocent parents."
As the hours tick down toward Roberson’s scheduled execution, advocates, including those from the Innocence Project of Texas, continue to call for intervention. Over 130,000 people have signed petitions urging Texas Governor Greg Abbott to halt the execution. And yet, the state appears unmoved, barreling forward with a decision that may soon be irreversible.
In a case where even the original detective now admits that the evidence is flawed, Texas must ask itself: is it justice to take a life when the very foundation of the conviction has crumbled?
At the heart of this issue is a simple question: how can Texas claim to be a champion of justice while it simultaneously ignores the outcry of its own citizens, medical experts, and even the former law enforcement officials who built the case? This is not about politics or partisanship; it is about humanity and the responsibility of a state to ensure that no person is wrongfully executed.
It is time for Texas to show the courage to admit when it's wrong. For Robert Roberson’s sake, and for the sake of justice, this execution must not go forward. To proceed now would be a grave and irreversible error, one that future generations will surely look upon with shame.
The clock is ticking, Governor Abbott. Will Texas make the right choice?