OPINION: Innocent Man on Death Row: The Story of Robert Roberson
Photo via: Ilana Panich-Linsman/The Innocence Project
Amelia Henson, a Freshman studying Journalism, argues that there needs to be a greater level of responsibility when analyzing cases such as the one for Robert Roberson.
Robert Roberson took his two-year-old daughter to the emergency room on Jan. 31, 2002, after discovering her unresponsive. Roberson was convicted of capital murder and sentenced to death only a year later.
The two-year-old, Nikki Curtis, had recently been sick, showing signs of pneumonia and a fever spiking to 104.5 degrees. After being given Phenergan and codeine medicine, Nikki was sent home. On Jan. 31, Nikki had suffered a fall from her bed during the night. Roberson comforted her for two hours before falling back asleep.
After waking up, Roberson found Nikki unresponsive and called emergency services. Nikki was then taken to the hospital where she received emergency surgery over the course of two days, but tragically, the doctors’ efforts could not save her life. Nikki was diagnosed with Shaken Baby Syndrome (SBS) due to her “triad,” of symptoms including subdural bleeding, brain swelling and retinal hemorrhages. Nikki also obtained internal brain bleeding and bruising on her head, face and shoulders. An autopsy led doctors to conclude Nikki died of “blunt force head injuries.”
Robert Roberson was arrested on Feb. 1, 2002 for the murder of Nikki Curtis. Roberson’s behavior and reactions to his daughter's illness and death was misinterpreted by hospital staff and law enforcement. Roberson has autism spectrum disorder and an education ending at eighth grade. Autism can cause a deviation from social norms such as distant behavior, lack of emotional expression and scripted behavior. All of these symptoms are just the few exhibited by Roberson. Diane Mosink, a psychologist, said that she found Roberson’s “social problem solving skills to be those of an 11-year-old.”
During court, the prosecution leaned heavily on Roberson’s behavior, as well as a hypothesis position paper published by the American Academy of Pediatrics (AAP) stating that when a “triad” of symptoms, such as those seen in Nikki, is evident, SBS should be presumed. This paper is not scientifically or peer reviewed.
Roberson’s own legal team stated that Nikki must have died from SBS. Roberson continued to claim his innocence of never having abused or shaken Nikki, and refused to take a plea deal. Roberson’s lawyers argued he had shaken Nikki, but without intent to kill. His defense counsel stated that evidence would “show that Nikki did suffer injuries that are totally consistent with those applied by rotational forces more commonly known as Shaken Baby Syndrome,” and that he would not “tell you that there is just no responsibility here at all.”
In 2009, the hypothesis published by the AAP was withdrawn, due to the lack of accountability for a child’s previous medical conditions that could cause death that exhibits the same symptoms of SBS. To this day, there is no credible science to defend the paper used in Roberson’s trial. In 2017, the FDA warned against using the medication prescribed to Nikki stating that Phenergan “should not be used in pediatric patients less than 2 years of age because of the potential for fatal respiratory depression.” The FDA also stated that codeine “carries serious risks, including slowed or difficult breathing and death, which appear to be a greater risk in children younger than 12 years.”
Due to those developments, experts have concluded that Nikki died from pneumonia and a toxic level of respiratory-suppressing prescription drugs. Experts have also testified that Nikki’s external injuries are those consistent with a fall, and that the extensive brain bleeding was a result from the surgeries she had received prior to her death. To support this theory, CAT scans taken of Nikki’s head when she first arrived at the hospital showed very little brain bleeding, contradicting the bleeding found in her autopsy. The lead detective of Roberson’s case, Brian Wharton, has come forward stating that even he believed Roberson to be innocent.
With the influx of new evidence supporting Roberson’s innocence, he has filed a habeas corpus petition four times under the Texas statute, that allows a court to grant relief when new scientific evidence has come to light.All these attempts have been unsuccessful. Roberson was set to be executed Oct. 17, 2024, though the Supreme Court has given an executive reprieve of thirty days providing the Texas Board of Pardons and Paroles an opportunity to review and revise the verdict of Roberson’s case.
Robert Roberson was failed by the justice system, sent to jail and is facing the possibility of execution for a crime that never even occurred. This is clearly evident when reviewing the case of Andrew Wayne Roark, who was sentenced for an almost identical crime as Roberson, but was granted a retrial. Furthermore, 32 parents and caregivers across 18 states have been exonerated after being convicted of shaken baby syndrome related charges under the SBS hypothesis.
There is a significant bias in the denial of a retrial for Roberson as his testimony is almost identical to that of Roark, as well as the clear evidence that asserts his claim to innocence. Roberson has never deviated from his story as to how his daughter died, and his only suspicion of guilt is his way of telling the story. The Justice System has continued to show profound ignorance toward those who have autism, as the disorder is constantly used against defendants who don’t react in the way society views as “normal,” or “genuine.” Autism is not a dangerous disorder nor is it a piece of evidence to prove guilt.
For decades people with autism spectrum disorder have been beaten down and overlooked by the major systems that uphold society, including but not limited to the education system, the justice system, and the workforce. Roberson is one extreme example of many, proving the lack of education on autism and its effects. Nikki Curtis’s death was a tragic accident at the fault of medical personnel and research. Robert Roberson’s conviction was a biased judgment with the consequences ranging from decades of prison and possibly death.
Please note that these views and opinions do not reflect those of The New Political.