Robert Roberson Focuses on New Trial Ahead of Execution

HUNTSVILLE, Texas – Robert Roberson, a Texas death row inmate, will not seek clemency ahead of his scheduled execution on October 16, his attorney announced Wednesday. Instead, Roberson’s defense is concentrating on obtaining a new trial to challenge his capital murder conviction.

Roberson was convicted in 2003 for the death of his 2-year-old daughter, Nikki, who prosecutors claimed died from shaken baby syndrome. For nearly two decades on death row, Roberson has maintained his innocence, arguing that new scientific evidence supports his claims that Nikki died of chronic illness, not from being violently shaken.

The deadline for submitting a clemency petition to the Texas Board of Pardons and Paroles is Thursday, 21 days prior to his execution. If granted, clemency could result in a commutation to life in prison but would not overturn his conviction. Last year, Roberson’s clemency request was denied just before his scheduled execution, which was ultimately postponed by the Texas Supreme Court.

Gretchen Sween, Roberson’s attorney, stated that she advised against pursuing clemency, calling it a “grossly inadequate remedy” for someone wrongfully convicted. “A commutation of sentence is not justice for an innocent man who was wrongfully convicted of a crime that never occurred,” Sween explained. “Relief for Mr. Roberson must come from the courts.”

Experts have raised concerns about how Roberson’s undiagnosed autism affected his case, arguing it led to misjudgments regarding his behavior during the investigation. “The misconceptions about autistic individuals contribute to wrongful convictions,” said Dr. Natalie Montfort, an autism specialist. Meanwhile, Roberson’s legal team is also appealing to the Texas Court of Criminal Appeals, presenting new expert opinions that challenge the shaken baby syndrome diagnosis.

If Texas proceeds with Roberson’s execution, he would be the first person in the U.S. put to death based on a shaken baby syndrome conviction. Sween warned that executing Roberson would result in an “extreme miscarriage of justice” in light of overwhelming evidence of his innocence.