All evidence points to Robert Roberson's innocence. Texas still plans to execute him.
Roberson remains scheduled to die by lethal injection despite evidence indicating he was wrongfully convicted for the death of his 2-year-old daughter Nikki, whom police believed was shaken to death.
Amanda Lee Myers
Taylor Wilson
USA TODAY
What happens to a man on death row when the lead detective in his case says he got it wrong, that he’s convinced of the inmate's innocence, and has been begging for the courts, for the governor – anyone – to save that man's life?
In Texas so far, nothing.
Robert Leslie Roberson remains scheduled to die by lethal injection on Thursday despite all evidence indicating he was wrongfully convicted for the death of his 2-year-old daughter, Nikki, in 2002. At the time, investigators saw what they wanted to see: shaken baby syndrome. In reality, little Nikki had pneumonia in both lungs, she had pre-existing conditions for which she was prescribed opioids that are now banned for children, and she had undiagnosed sepsis.
That's according to Brian Wharton, the former police detective who led the investigation and subsequent arrest of Roberson. Wharton, now an ordained minister in the United Methodist Church, spoke with USA TODAY's The Excerpt podcast in a candid conversation about errors in the case and what should be the proper course for Texas.
"I was wrong. I didn't see Robert. I did not hear Robert," Wharton said. "I can tell you now, he is a good man. He is a kind man. He is a gracious man. And he did not do what the state of Texas and I have accused him of."
Robert Roberson photographed through plexiglass at Polunsky Unit in Livingston, Texas, on Dec. 18, 2023
Is it possible investigators got it wrong?
Wharton explained that a number of misunderstandings and confirmation bias led him to believe Roberson killed his daughter.
For one, when Roberson brought Nikki to the hospital, nurses, doctors and investigators observed that he seemed to be devoid of emotion, something Wharton looked at as a red flag at the time but now understands as behavior associated with people who are autistic, like Roberson.
Wharton also described the heightened emotion in the hospital as doctors worked frantically to save Nikki's life.
"That emotional charge in the hospital that here is a 2-year-old little girl that is about to die, somebody did this to her, who did it, how did it happen?" Wharton said. "And the first thing you hear is abuse, shaken baby syndrome, and we just take it and run with it, and we find all the facts that we need to make it stand up."
Get the Daily Briefing newsletter in your inbox.
The day's top stories, from sports to movies to politics to world events.
Delivery: Daily
Your Email
So, investigators dismissed Wharton's explanation that among Nikki's other medical problems, she had fallen from her bed that night.
But make no mistake, Wharton said: "Robert is a completely innocent man and we got it completely wrong, because we were looking for the wrong things."
In 2002, Robert Roberson’s chronically ill 2-year-old daughter, Nikki, was sick with a high fever and suffered a short fall from bed. He was convicted of murder. Texas has set Roberson’s execution for Oct. 17, 2024, despite new evidence questioning the "shaken baby syndrome" hypothesis.
Others demanding Robert Roberson's execution be stopped
A cacophony of voices is demanding Roberson's execution be stopped, most notably a body that typically wholeheartedly supports the death penalty.
Last month, a bipartisan group of 84 Texas lawmakers urged the state's Board of Pardons and Paroles to recommend clemency for Roberson "out of grave concern that Texas may put him to death for a crime that did not occur.”
“It should shock all Texans that we are barreling towards an execution in the face of this new evidence,” wrote the Texas Legislature members. “Other states look to Texas as a leader for both enforcing the rule of law and addressing wrongful convictions. We now look to you to prevent our state from tarnishing that reputation by allowing this execution to proceed.”
Additionally, 34 scientific and medical experts wrote to the board explaining that had Nikki died today, "no doctor would consider Shaken Baby Syndrome" as the cause because the condition "is now considered a diagnosis of exclusion."
"Nikki’s pneumonia, the extreme levels of dangerous medications found in her system during her autopsy, and her fall from the bed explain why Nikki died," the experts wrote.
Also calling for Roberson's salvation: groups representing parental rights, autism advocates, faith leaders and anti-death penalty groups including the Innocence Project, and bestselling author John Grisham.
"Nikki’s death was a tragedy, not a crime," Grisham wrote in a column for the Palestine Herald-Press. "Robert Roberson may be out of options unless Texas authorities recognize the injustice of Mr. Robertson’s conviction and death sentence, reverse course, and grant him a new trial."
Comments
Post a Comment