The Stalled Execution of the First Man Sentenced to Death for Shaken Baby Syndrome
Robert Roberson is making legal history as the first man sentenced to death for a murder conviction associated with Shaken Baby Syndrome.
Until recently, his requests to halt his impending sentence were anything but successful. Various legal bodies, including a state parole board, lower courts, and the U.S. Supreme Court, denied his request for clemency. They had scheduled his execution for Thursday, October 17th.
Attempts to Halt Execution Finally Successful
In a last-ditch effort, a bipartisan coalition of Texas lawmakers who believe there is insufficient evidence to go through with the execution issued a last-minute subpoena requiring Roberson to testify before a House committee.
This highly unusual filing received the support of the Texas Supreme Court, which issued a temporary restraining order that effectively stopped the execution until further review.
A Congressional Appearance That Never Happened
The controversial convict was scheduled to present his arguments before the Texas House Criminal Jurisprudence Committee on October 21. However, he was unable to make it because of a dispute between the Texas Attorney General's Office and lawmakers. The AG's office had wanted to do a videoconference, while lawmakers had issued a subpoena for Roberson to appear in person.
The hearing went forward without Roberson, and Texas lawmakers heard testimony by daytime television host Dr. Phil and bestselling author John Grisham, among others. State Representative Joe Moody, who led efforts to stop the execution, indicated that they still wanted to hear from Roberson. For now, the case is in limbo.
History of The Case
In 2002, the court convicted Robert Roberson, now 57, for the death of his 2-year-old daughter, Nikki Curtis, in Palestine, Texas.
The prosecution's principal argument was that she died of injuries consistent with Shaken Baby Syndrome. He vehemently denied the allegations.
His legal team claimed that the child received the wrong diagnosis and that her death occurred due to complications related to pneumonia.
What Is Shaken Baby Syndrome?
Shaken Baby Syndrome, also known as abusive head trauma, is a serious brain injury that can occur when an infant or young child is shaken violently.
The shaking of the head can lead the brain to move within the skull, which, in turn, can cause a series of brain injuries, including internal bleeding and other severe and sometimes fatal conditions.
A Controversial Diagnosis
The syndrome's controversy stems from its lack of widespread acceptance in the medical community. This was true even at the time Roberson was charged and convicted.
Medical professionals still do not entirely agree on the symptoms. Some researchers and medical experts propose alternative explanations for the symptoms associated with Shaken Baby Syndrome, including pneumonia. The debate over the validity of such a diagnosis is still going strong.
Junk Science Law
Besides the condition's controversy within the medical community, the syndrome has profound legal implications, as accusations of child abuse can lead to criminal charges.
Legal scholars contend that the medical community has not reached a consensus on the diagnosis, leading to debates about the reliability of the symptoms in this type of case. Nor is a Shaken Baby Syndrome diagnosis the only scientific evidence that has been questioned in recent years. For example, forensic evidence of hair samples has not proven reliable.
Such questions led to a 2013 law in Texas, called the junk science law, that allows people convicted under evidence that is no longer considered scientifically reliable to seek relief from the courts. Roberson's case has renewed focus on that law.
Societal Implications
An accusation of child abuse related to Shaken Baby Syndrome has a devastating effect on families. When authorities charge a parent or caregiver with child abuse, the consequences extend beyond the child and the caregiver, especially if there are other children in the home.
Considering what's at stake, it's no wonder the story has captured the attention of the nation. How it's resolved remains to be seen.
Related Resources
- False Allegations of Child Abuse (FindLaw's Learn About the Law)
- Criminal Charges For Shaken Baby Syndrome (FindLaw's Law and Daily Life)
- Child Abuse Law (FindLaw's Learn About the Law)