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Execution Stayed for Palestine Man

By Greg Ritchie

Messenger Reporter

AUSTIN – A last minute stay of execution for a Palestine man bought time for those who allege his execution should not go forward, given new science in the case and his autism. Robert Roberson was set to be executed Thursday, Oct. 17 for the death of his two-year-old daughter in 2002 at Palestine Regional Medical Center. 

Roberson was convicted of “shaken baby syndrome” in the death of his child, Nikki. She allegedly had several chronic illnesses and suffered a short fall from her bed, passing away later at the hospital. Roberson’s apparent lack of emotion led investigators to suspect Roberson, although his defenders say this is a common side effect in people with autism. 

Roberson has spent these years on death row and with the hour of his execution approaching, justice rights groups and even many state lawmakers led a charge to get a stay of execution, leading to the undetermined length of a court order to postpone the execution. 

Shaken baby syndrome, or SBS, has come under fire in recent years, being rejected by many science and legal experts. Faced with the unproven allegations at the time, Roberson’s own defense attorney agreed SBS was the cause of the child’s death, leading to his conviction. 

Roberson would be the first person executed for SBS, after even the lead scientist to propose the condition told The Washington Post, “I am doing what I can so long as I have a breath to correct a grossly unjust situation.”

As many cases of SBS were subsequently reviewed, many of them were able to be attributed to natural causes, and Roberson’s daughter also suffered from a number of ailments and had been sick in the days leading up to her death. Other scientists have reviewed the child’s medical records from the time, confirming she suffered from two different types of pneumonia in her lungs. 

Roberson left school after the eighth grade and his autism went undiagnosed and untreated. Hospital staff, who did not know of Roberson’s autism, were suspicious of his flat affect and interpreted his response to his daughter’s condition as lacking emotion. They viewed his inability to explain Nikki’s condition as a sign he must be lying.

Roberson spent Thursday evening in his cell, praying and proclaiming his innocence, celebrating upon learning of the stay of execution laid down by the Texas Supreme Court. While the length of the stay was not specified, the extra time will give his defenders an opportunity to present their evidence, although barring a new trial or ruling by Texas Gov. Greg Abbot, a new date of execution will soon be set. 

The dramatic turn of events started Wednesday when the bipartisan Texas House Committee on Criminal Jurisprudence issued a subpoena calling him to testify before the panel next week as it reconsiders the lawfulness of his case. The committee’s action provided new hope for Roberson’s attorneys, who had lost multiple appeals in state courts, the Texas pardons board rejected his bid for clemency and the US Supreme Court declined to intervene.

Greg Ritchie can be reached at [email protected]

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