Man Faces Execution After Daughter's Death Was Ruled Shaken Baby Syndrome. But Lead Detective Thinks Cops Got It All Wrong

Mar. 15, 2025

Robert Roberson.Photo:Texas Department of Criminal Justice

Texas Department of Criminal Justice

A Texas judge denied a motion to vacate the scheduled execution of death row inmateRobert Roberson, who was sentenced to death for the 2002 killing of his 2-year-old daughter, Nikki Curtis, despite his attorneys' claims that the girl’s death was actually the result of chronic illness.

The Innocence Project, which has taken up Roberson’s defense, said the motion was denied on Tuesday, Oct. 15.

But critics of the diagnosis say doctors have not considered instances such as short falls with head impact and naturally occurring illnesses like pneumonia, which could mimic an inflicted head injury. The diagnosis presumes there was abuse and doesn’t allow for the possibility of other factors.

“She was as sick as could be from pretty much the time she was born,” says Jason Flom, a founding board member of the Innocence Project and host of the podcastWrongfulConviction. “She had 47 hospital and doctor visits in her two short years of life.”

Last month, a group of Texas lawmakers went to Huntsville, Texas, to raise awareness about Roberson. They were a part of a group that included 86 bipartisan legislators who signed a letter urging the state to grant clemency to Roberson. The group expressed “grave concern” that Texas was going to execute Roberson “for a crime that did not occur,” according to the letter. The lawmakers cited “voluminous new scientific evidence,” according toTheTexasTribune.

“Everything that [Roberson] continues to complain of has been litigated in state and federal court, and every court has rejected his arguments,” prosecutors wrote.

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But Brian Wharton, the lead detective in the case that investigated Nikki’s death, says he believes Roberson is innocent, especially after learning that Roberson was diagnosed with autism in 2018.

Roberson’s attorneys argue that his “flat demeanor,” which they say stems from his diagnosis, contributed to his conviction because prosecutors cited it as a “sign of culpability,”The Texas Tribunereported.

As the state of Texas continues to head toward execution, Flom is determined to do what he can to reach out to people with power to stop it.

“It’s such a combination of a scramble and a moral imperative,” Flom tells PEOPLE. “You’re left wondering, have we done everything? Is there anyone else who could be helpful that we haven’t thought of yet?”

He says, “This is not just about Robert, but about preventing future tragedies.”

source: people.com