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A bipartisan coalition of 86 Texas House representatives is urging the state to reconsider Robert Roberson’s case. Roberson has been on death row since 2003 for the murder of his two-year-old daughter, Nikki Curtis. Despite his conviction, Roberson has always maintained his innocence, claiming he did not harm his daughter.

The crux of Roberson’s conviction was based on a diagnosis of shaken baby syndrome, a diagnosis that has come under scrutiny in recent years. Advocates argue that the scientific understanding of shaken baby syndrome has evolved since 2003, casting doubt on the validity of using it as evidence in Roberson’s case.

However, there is another crucial aspect of Roberson’s case that has been overlooked: his diagnosis of autism spectrum disorder. Maurice Chammah, who covered Roberson’s story for The Marshall Project, sheds light on this overlooked detail. In a discussion with Texas Standard, Chammah delves into the implications of Roberson’s autism spectrum disorder on the case.

Roberson brought Nikki to an emergency room in 2002, where she was unconscious and turning blue. Despite efforts to save her, Nikki tragically passed away that day. Doctors suspected shaken baby syndrome as the cause of her condition, prompting them to involve law enforcement.

During the investigation, Roberson’s behavior raised suspicions among the authorities. His seemingly indifferent demeanor, such as pausing to make a sandwich and getting Nikki dressed before taking her to the hospital, was interpreted as callous and remorseless. These behaviors, which were later attributed to his autism spectrum disorder, played a significant role in shaping the narrative around Roberson’s guilt.

Roberson’s lack of admission to shaking the baby, combined with the evolving understanding of shaken baby syndrome and his later diagnosis of autism spectrum disorder, raises questions about the validity of his conviction. The misinterpretation of Roberson’s behavior due to his autism underscores the need for a reevaluation of his case.

The introduction of the so-called junk science law in Texas in 2013 has paved the way for challenging convictions based on outdated forensic science. This law acknowledges the potential for wrongful convictions resulting from changes in scientific understanding over time. While several individuals have benefited from this law by being exonerated, no one on death row has been granted relief based on the argument of junk science.

Roberson’s scheduled execution on October 17 looms, with his last hope lying in appeals to higher courts and an appeal for clemency to Governor Greg Abbott and the Board of Pardons and Paroles. The decision to grant clemency rests with Abbott, who has only done so once during his tenure.

As the deadline for Roberson’s execution approaches, the call for a reevaluation of his case grows louder. The intersection of shaken baby syndrome, autism spectrum disorder, and the evolving landscape of forensic science underscores the complexity of Roberson’s situation and the need for a thorough review of the evidence.

Revisiting the Circumstances Surrounding Nikki’s Death

The events leading up to Nikki’s tragic death in 2002 paint a harrowing picture of a father grappling with a medical emergency. Roberson’s decision to seek medical help for his daughter, coupled with the subsequent suspicions raised by authorities, set the stage for a legal battle that would span over a decade.

The initial diagnosis of shaken baby syndrome based on Nikki’s injuries cast a shadow of guilt over Roberson. However, as medical knowledge has advanced, questions have arisen about the accuracy of shaken baby syndrome as a definitive indicator of abuse. The complexities of Nikki’s medical history, including the prescription of codeine and her underlying health conditions, add layers of nuance to the case.

The Impact of Autism Spectrum Disorder on Roberson’s Behavior

Roberson’s later diagnosis of autism spectrum disorder shed new light on his behavior during the investigation and trial. His flat affect, tendency to repeat himself, and reliance on scripted behavior were classic signs of autism that were misinterpreted as a lack of remorse or emotion.

The misunderstanding of Roberson’s behavior due to his autism spectrum disorder underscores the need for a more nuanced approach to evaluating his culpability. The failure to consider the impact of his autism on his actions highlights the importance of comprehensive assessments in legal proceedings.

The Role of the Junk Science Law in Roberson’s Case

The introduction of the junk science law in Texas in 2013 marked a turning point in addressing wrongful convictions based on outdated forensic science. While the law has led to the exoneration of several individuals, its impact on death row cases remains limited.

Roberson’s case presents a unique opportunity to test the efficacy of the junk science law in challenging convictions that rely on questionable forensic evidence. The evolving understanding of shaken baby syndrome and the implications of Roberson’s autism spectrum disorder underscore the need for a reevaluation of his conviction.

In conclusion, the case of Robert Roberson exemplifies the complexities and challenges inherent in the criminal justice system. The intersection of shaken baby syndrome, autism spectrum disorder, and the junk science law underscores the need for a comprehensive review of his case. As the deadline for his execution approaches, the call for clemency grows louder, urging a closer examination of the evidence and a fair assessment of Roberson’s circumstances.