The condemned Texas man was convicted of killing his daughter in 2003 based on an outdated ‘shaken baby syndrome’ diagnostic process.
. If the execution moves forward, Roberson will be the first person in the United States put to death based on the controversial “shaken baby syndrome” hypothesis .
In their letter to the clemency board, legislators raised particular concern that Texas’ “junk science law”—which has been in place for more than a decade—isn’t being respected by the courts. The law specifically allows people to appeal convictions that were based on outdated scientific evidence, but in Texas, no one on death row has successfully leveraged this law to obtain a new trial.
Robert Roberson in family pictures including his daughter to explain baffling infant injuries and deaths, in which there was bleeding above the brain but no discernable head wounds. Doctors hypothesized that these injuries could be caused by caregivers vigorously shaking children, which could cause internal but not necessarily external trauma.
New expert opinions reached after that hearing—including examinations of Nikki’s head and lung scans that point to complex pneumonia as her cause of death—have not been considered by any court.
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