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Texas Man with Autism Could Face Death Penalty for Child Murder

Photo : AP

Robert Roberson, a 57-year-old man with autism, is scheduled for execution by lethal injection on Thursday at the state penitentiary in Huntsville, Texas. This execution stems from the February 2002 death of his two-year-old daughter, Nikki, a case that has garnered significant attention due to claims of a misdiagnosis related to "shaken baby syndrome."

On Wednesday, the Texas Board of Pardons and Paroles unanimously voted 6-0 to reject Roberson's clemency appeal. His legal team argues that Roberson's conviction was based on flawed medical testimony, and they are urging Texas Governor Greg Abbott to issue a 30-day reprieve to allow further investigation into Roberson's claims of innocence. Gretchen Sween, one of Roberson's attorneys, stated, “We pray that Governor Abbott does everything in his power to prevent the tragic, irreversible mistake of executing an innocent man.”

Roberson's case has drawn the attention of organizations such as the Innocence Project, which aims to overturn wrongful convictions. Notably, bestselling author John Grisham has also spoken out in support of Roberson, asserting, “What's amazing about Robert's case is that there was no crime.” The former chief detective who initially investigated the case, Brian Wharton, has also expressed his belief in Roberson's innocence, stating, "Knowing everything that I know now, I am firmly convinced that Robert is an innocent man. The system failed Robert."

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Roberson's legal team contends that the medical diagnosis leading to his conviction was incorrect. They argue that Nikki's death resulted from pneumonia exacerbated by improper medical treatment, rather than any form of abuse. Sween emphasizes that new medical and scientific evidence suggests the girl died from "natural and accidental causes." If executed, Roberson would be the first person in the U.S. to be put to death based solely on a conviction tied to shaken baby syndrome.

Kate Judson from the Center for Integrity in Forensic Sciences noted that over 30 parents and caregivers in 18 states have been exonerated after being wrongfully convicted on similar unscientific grounds. Sween added that Roberson's autism, diagnosed only in 2018, played a significant role in his conviction. She believes that hospital staff misinterpreted his flat affect as a sign of guilt, contributing to his wrongful conviction.

A bipartisan coalition of 86 Texas state lawmakers has also called for clemency, pointing to substantial new scientific evidence that casts doubt on Roberson's guilt. As the clock ticks down to his scheduled execution, advocates for Roberson hope that further examination of the evidence will lead to a re-evaluation of his case and ultimately prevent a tragic miscarriage of justice.

This year has already seen 19 executions in the United States, highlighting the ongoing debates surrounding capital punishment and wrongful convictions.

Oct. 17, 2024 2:32 p.m. 521

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