Robert L. Roberson III was sentenced to death in Texas in 2003 for killing his two-year-old daughter, Nikki, whose death the previous year was attributed to “shaken baby syndrome.” Since then research has found symptoms attributed to the syndrome do not necessarily indicate homicide and can be found where there was no abuse.

Nikki had been diagnosed with a viral infection, was prescribed medication that she should not have received, and—according to Roberson, who has consistently denied hurting his daughter—fell out of her bed and stopped breathing shortly before she died.

The lead detective who investigated Nikki’s death, Brian Wharton, now supports Roberson’s claim of innocence, telling the Washington Post that “other explanations for the child’s symptoms were never explored.” Wharton said that Roberson was presumed guilty “based on his lack of emotion and ‘flat aspect’” when cops interviewed him—symptoms of his autism spectrum disorder, it turned out, though it wasn’t diagnosed until a decade later.

Roberson’s direct appeal was denied as were four applications for a writ of habeas corpus. Most recently, he unsuccessfully challenged his conviction under a Texas law opening appeals when a trial relied on scientific evidence that has since been discredited—“junk science.” See: Tex. Code Crim. Proc., art. 11.073.

“The wrongs that were done [in prosecuting Roberson] were so palpable, and the new evidence was so overwhelming, but there’s just a complete lack of interest in reconciling these past mistakes,” stated Gretchen Sween, one of his attorneys.

On October 16, 2024, one day before Roberson’s scheduled execution, the state House of Representative’s Committee on Criminal Jurisprudence issued an unprecedented subpoena for Roberson to testify at the State Capitol. The subpoena, issued under Tex. Gov’t. Code Ann. 301.024(a), halted Roberson’s execution. State lawmakers obtained a temporary restraining order (TRO) from a Travis County district court the following day, enjoining the state Department of Criminal Justice (TDCJ) “from carrying out the death warrant.”

Robin Maher, director of the Death Penalty Information Center, called the legislative intervention an “extraordinary maneuver.” But the TRO, issued less than 90 minutes before Roberson was set to receive a lethal injection, was vacated by the state Court of Criminal Appeals on October 17, 2024, after state Attorney General Ken Paxton (R) filed a mandamus petition. The appellate court, the “court of last resort in this state in criminal matters,” found the TRO staying Roberson’s execution had circumvented its authority and disobeyed its mandate. The lower court’s order was vacated “immediately” with no motions for rehearing allowed.

Four justices issued a dissenting opinion, noting that the TRO at issue was “not brought by the defendant to vindicate the defendant’s rights. Rather, our Legislature seeks to vindicate its own authority to subpoena witnesses for testimony before it. Such a claim raises a separation of powers issue by its very nature.” See: In re Texas Dept. of Crim. Justice ex rel Ken Paxton, 2024 Tex. Crim. App. LEXIS 768 (Crim. App.).

State lawmakers then appealed to the Texas Supreme Court, which issued a temporary stay that same day, again blocking Roberson’s execution. The Court found that the TRO related to a civil matter which did not circumvent the Court of Criminal Appeals’ jurisdiction over criminal law issues. “Whether the legislature may use its authority to compel the attendance of witnesses to block the executive branch’s authority to enforce a sentence of death is a question of Texas civil law, not its criminal law,” the high Court declared.

State Rep. Brian Harrison (R), who sits on the House Committee of Criminal Jurisprudence, said Roberson was subpoenaed to testify about his experience with the state’s “junk science” statute and the courts’ refusal to grant habeas relief under that law. “We cannot execute somebody when there’s never been an argument about their innocence,” he stated.

In fact, a week before vacating the TRO preventing Roberson’s execution, the Court of Criminal Appeals had ordered a new trial for another defendant in a “shaken baby syndrome” prosecution on October 9, 2024, “after finding scientific advancements related to the diagnosis would now likely result in an acquittal,” CBS News reported. See: In re Roark, 2024 Tex. Crim. App. LEXIS 733 (Crim. App.).

Regardless, on November 15, 2024, the Texas Supreme Court issued its ruling on the merits of the state lawmakers’ subpoena for Roberson’s testimony, holding that “the committee’s authority to compel testimony does not include the power to override the scheduled legal process leading to an execution.” Resolving a “novel separation-of-powers question,” the Court found that the legislature could subpoena Roberson but could not use its subpoena power to prevent a scheduled execution. Accordingly, the stay was lifted, allowing the district attorney to issue another death warrant for Roberson. See: In re Representatives, 702 S.W.3d 330 (Tex. 2024).

Roberson filed a new habeas petition with the Court of Criminal Appeals on February 26, 2025. See: Ex Parte Robert Leslie Roberson III, Tex. Crim. App. Cause No. 26,162. If that is denied and he is executed, he will be the first prisoner killed for a death attributed to “shaken baby syndrome.” Since 1989, over 30 people convicted of abusing children who showed symptoms of the now-debunked syndrome have been exonerated—including two who were sentenced to death.  

Additional sources: CBS News, Reuters News, Washington Post

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