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On the morning of Jan. 31, 2002, Robert Roberson arrived at an East Texas emergency room carrying his two-year-old daughter, Nikki, who was unresponsive and had blue lips. Hospital staff immediately placed Nikki on life support and attempted to resuscitate her, while also alerting the police as they suspected shaken baby syndrome.

However, Dr. Roland Auer, a Canadian neurosurgeon, testified to the Texas legislative Committee on Jurisprudence that Nikki’s death was actually caused by pneumonia leading to cardiac arrest, not abuse. He criticized the shaken baby syndrome diagnosis, stating that it was a misinterpretation of internal bleeding.

Despite advancements in understanding shaken baby syndrome, Roberson, who is on the autism spectrum, was arrested for Nikki’s murder based on his lack of emotional response to the situation. The arresting officer, Brian Wharton, expressed regret for focusing on finding a culprit rather than understanding Roberson’s perspective.

Roberson has been on death row for over 22 years, with appeals to reconsider the new evidence being repeatedly denied. District Attorney Allyson Mitchell defended the fairness of Roberson’s trial and rejected calls for clemency. The Texas Board of Pardons and Paroles also denied clemency, leaving Governor Greg Abbott with the option of granting a 30-day reprieve.

Despite facing imminent execution, Roberson remains calm and relies on his faith in God. He is prepared for whatever outcome awaits him but continues to fight for justice through appeals to the U.S. Supreme Court.

As the clock ticks towards Thursday evening, when Roberson is scheduled for lethal injection, his fate hangs in the balance. The efforts to seek justice and reconsider the evidence highlight the flaws in the legal system and the importance of acknowledging mistakes in criminal convictions.