Catholic Bishops of Texas Beg for Full Review of Death Row Inmate Robert Roberson’s Case

Texas Set Robert Roberson’s execution for Oct. 17, despite new evidence that he is an innocent man wrongly convicted under the now-debunked shaken baby syndrome hypothesis. Recognizing that the lawmakers’ case raised important separation of powers questions that should not be rendered moot by Mr. Roberson’s execution, the Texas Supreme Court has reinstated the temporary restraining order requested by the Texas lawmakers. The Texas Bishops Conference expressed gratitude for the Travis County 200th District Court and Texas Supreme Court action to halt execution of Robert Roberson, call for reform of justice system. (See Full Text at Bottom)
TX Supreme Court order granting lawmakers’ emergency motion: here.
Concurrence: here.
Mr. Roberson would be the first person in the U.S. executed based on the discredited SBS hypothesis unless the courts or Gov. Abbott intervenes.
Mr. Roberson’s case is riddled with unscientific evidence, inaccurate and misleading medical testimony, and prejudicial treatment.

In 2002, Mr. Roberson’s two-year old, chronically ill daughter, Nikki, was sick with a high fever and suffered a short fall from bed. Hospital staff did not know Mr. Roberson had autism and judged his response to his daughter’s grave condition as lacking emotion. Mr. Roberson was prosecuted, convicted, and sentenced to death for Nikki’s death.
The overwhelming medical and scientific evidence now shows that Nikki died of accidental and natural causes. Mr. Roberson’s innocence case is attracting growing and widespread support from eminent scientists, doctors, faith leaders, innocence groups, former federal judges, best-selling novelist John Grisham, and the lead detective who testified for the prosecution, who now believes he contributed to an innocent person being sent to death row.
The Innocence Project joined Mr. Roberson’s legal team because of the risk that an innocent man could be executed for a crime that never happened.

Statement from Gretchen Sween, attorney for Robert Roberson:“The vast team fighting for Robert Roberson—people all across Texas, the country, and the world—are elated tonight that a contingent of brave, bipartisan Texas lawmakers chose to dig deep into the facts of Robert’s case that no court had yet considered and recognized that his life was worth fighting for. He lives to fight another day and hopes that his experience can help improve the integrity of our criminal legal system. Thank you to all who have supported Robert, an innocent man on Texas’s death row.”

Robert Roberson Case Overview

In January 2002, Robert Roberson was a father with undiagnosed Autism Spectrum Disorder and

a ninth-grade education. He was trying to support his family working multiple paper routes in his

hometown of Palestine, Texas. He had been working to turn his life around after gaining custody

of his daughter Nikki in November 2001.

Nikki was born on October 20, 1999, to a young woman who had already had two other children

taken from her by CPS; she was homeless and addicted to drugs. She did not identify a father at

the time of Nikki’s birth.

Nikki, a Medicaid recipient, was ill most of her short life. She had a history of unresolved

infections, starting at 8 days old. She had severe ear infections that persisted even after she had

tubes surgically implanted in both ears. She had “breathing apnea” spells, starting before age

one, when she would inexplicably cease breathing, collapse, and turn blue. Mr. Roberson was

not aware of most of this history because he did not enter Nikki’s life until she was almost two.

Nikki’s maternal grandparents voluntarily relinquished custody of her to him in November 2001.

Mr. Roberson took Nikki to the ER and her pediatrician during the week of her final collapse on

January 31, 2002. On January 29, 2002, her temperature was measured at 104.5 degrees in the

doctor’s office. She was diagnosed with “respiratory illness, possibly viral” but was sent home.

She was given a second prescription for Phenergan/promethazine (the ER had prescribed this

same drug in suppository form the day before). The second Phenergan/promethazine prescription

was in cough syrup form and included codeine, a narcotic.
The totality of the circumstances, including the seriousness of this case, require prompt reassignment to an impartial judge who can vacate the unlawfully entered execution warrant and related orders, which Judge Evans signed absent lawful authority.” (Motion at pp. 2-3)
Mr. Roberson’s clemency petition is pending before Governor Greg Abbott and the Texas Board of Pardons and Paroles, and has generated overwhelming support, including from a bipartisan group of 86 Texas legislators. A press release about the widespread support and the clemency petition can be accessed here
An overview of Mr. Roberson’s innocence case is here

FULL TEXT - Texas bishops express gratitude for the Travis County 200th District Court and Texas Supreme Court action to halt execution of Robert Roberson, call for reform of justice system
October 17, 2024
The Texas Catholic Conference of Bishops has issued the following statement regarding the stay of execution by the Texas Supreme Court for Robert Roberson:
We are grateful to the Texas Supreme Court and the Travis County 200th District Court for stopping the execution of Robert Roberson tonight. This action recognizes the authority of the Texas House subpoena for Robert to appear before the House Criminal Jurisprudence Committee on Monday, which halts his execution.
We pray for Robert and for all who are working unceasingly to bring justice to Robert, his daughter Nikki, and to his fellow Texans. We thank Representatives Joe Moody, Jeff Leach, Brian Harrison, Drew Darby, Rhetta Bowers, David Cook, Nate Schatzline, Lacey Hull, Christian Manuel, John Bucy and Kronda Thimesch for their roles in this outcome.
Now is the time for all Texans to demand justice for Robert and denounce the execution of a likely innocent man which violates the laws of God and humanity to which we hold one another accountable.
We call for a renewed effort to reform our criminal justice system in Texas, so that the human dignity of every person can be honored and that the principles of restorative justice can be applied to end capital punishment.
Robert has languished on death row for more than 20 years because he was sentenced under the highly controversial shaken baby syndrome theory. In addition, he immediately fell under a cloud of suspicion due to his lack of emotion when he brought his daughter to the emergency room. Robert has since been diagnosed with autism, which could explain the flat affect police and medical staff observed at the time. One of the major hallmarks of autism is a reduced range of emotional expression.
We beg for a full review of Robert’s case, considering how more than two decades’ worth of research can provide new insights into the death of his chronically ill, two-year-old daughter Nikki. The consensus of the medical community in 2002 was that naturally occurring illnesses or head injuries resulting from short falls could not have caused the brain bleeding, retinal bleeding, and brain swelling, known as the “classic triad” of shaken baby syndrome, observed in Nikki. Evidence-based science has since proven that premise to be wrong.
In 2013, Texas passed a law that provided legal recourse to prisoners to challenge convictions based on changes in forensic science. Robert must be given the opportunity to challenge his conviction. It is the just course of action.

Texas Bishops https://txcatholic.org/texas-bishops-express-gratitude-for-the-travis-county-200th-district-court-and-texas-supreme-court-action-to-halt-execution-of-robert-roberson-call-for-reform-of-justice-system/

Image and Excerpts of Statements from https://innocenceproject.org/