State Rep. Jay Dean of Longview is one of 86 Republican and Democratic Texas House members urging clemency for an East Texas man on death row.
Robert Roberson III is set for execution Oct. 17 in the 2002 murder of his 2-year-old daughter in Palestine. Roberson has maintained his innocence, arguing that his conviction was based on 性视界传媒渏unk science性视界传媒 relating to the child性视界传媒檚 shaken baby syndrome diagnosis.
The lawmakers signed a letter asking the Texas Board of Pardons and Paroles to recommend clemency, which only Gov. Greg Abbott can grant. The board can take up until two days before the execution date to make a recommendation to the governor.
性视界传媒淭he reality is there性视界传媒檚 new scientific evidence that shows the child was not shaken to death, and so we are just asking the court to review the scientific evidence in the case,性视界传媒 said Dean, a Republican.
He said he previously was aware of the case but has no personal connection to it. Dean said state Rep. Lacey Hull, whom he described as his good friend and colleague, told him about Roberson性视界传媒檚 situation.
性视界传媒淚 trusted her legal background,性视界传媒 Dean said. 性视界传媒淚 trust she性视界传媒檚 don性视界传媒檛 a lot of research on this.性视界传媒
In the letter, the lawmakers cited 性视界传媒渧oluminous new scientific evidence性视界传媒 that they and Roberson性视界传媒檚 attorneys argued demonstrates his innocence and explains that the cause of his daughter性视界传媒檚 death was natural and accidental.
性视界传媒淚t should shock all Texans that we are barreling towards an execution in the face of this new evidence,性视界传媒 the lawmakers wrote in the letter. 性视界传媒淥ther states look to Texas as a leader for both enforcing the rule of law and addressing wrongful convictions. We now look to you to prevent our state from tarnishing that reputation by allowing this execution to proceed.性视界传媒
The Texas Court of Criminal Appeals previously stopped Roberson性视界传媒檚 execution in 2016, but in 2023, the state性视界传媒檚 highest criminal court decided that doubt over the cause of Roberson性视界传媒檚 daughter性视界传媒檚 death was not enough to overturn his death sentence, and his new execution date was set in July. Then, without reviewing the merits of Roberson性视界传媒檚 claims, the Texas Court of Criminal Appeals recently dismissed a motion to halt the execution and a final application for relief filed by Roberson性视界传媒檚 attorneys.
Roberson性视界传媒檚 daughter was severely ill before she died, and he had taken her, unconscious, to a hospital after finding she had fallen out of her bed. Doctors and nurses were unable to revive the child. Medical officials did not believe such a low fall could have caused the fatal injuries and suspected child abuse.
During Roberson性视界传媒檚 trial, doctors testified that the child性视界传媒檚 death was consistent with shaken baby syndrome 性视界传媒 in which an infant is severely injured from being shaken back and forth.
While medical professionals were trained at the time of the child性视界传媒檚 death to presume abuse when infants presented certain internal head injuries, Roberson性视界传媒檚 attorneys argued those symptoms have now been linked to various naturally occurring illnesses and accidents,
The stay of execution in 2016 came largely as a product of a 2013 state law, dubbed the 性视界传媒渏unk science law,性视界传媒 which allows Texas courts to overturn a conviction when the scientific evidence used to reach a verdict has since changed or been discredited.
Lawmakers, in passing the bill, highlighted cases of infant trauma that used faulty science to convict defendants as examples of the cases the legislation was meant to target. But critics have argued that in the decade since the law was codified, it has rarely provided justice as intended for wrongfully convicted individuals.
性视界传媒淲e changed the law to give that path. As far as we can tell, though, the courts simply aren性视界传媒檛 engaging in that process,性视界传媒 Texas Rep. Joe Moody, D-El Paso and co-chair of the Criminal Justice Reform Caucus, said on Tuesday. 性视界传媒淲e shouldn性视界传媒檛 be executing someone when there性视界传媒檚 this much doubt about whether a crime was even committed.性视界传媒
Roberson性视界传媒檚 attorneys recently submitted his petition for clemency, along with letters of support signed by dozens of scientists and medical professionals, parental rights groups, organizations that advocate for people with autism, faith leaders, and attorneys who have represented people wrongfully convicted of child abuse.
Over the course of his appeals, Roberson性视界传媒檚 attorneys sought to debunk the shaken baby diagnosis that led to his conviction. They argued that a range of expert opinions and new evidence 性视界传媒 including medical records that illustrated his daughter性视界传媒檚 illness and medications in the days leading up to her death and a long-lost CAT scan 性视界传媒 prove that she died of natural and accidental causes, not of head trauma.
性视界传媒淣o informed doctor today would presume abuse based on a triad of internal head conditions, as occurred in Robert性视界传媒檚 case,性视界传媒 his attorneys wrote in his petition for clemency. 性视界传媒淏ut in the era when Robert was accused and convicted, conventional medical thinking gave doctors permission to skip consideration of any other factors and presume shaking and inflicted head trauma 性视界传媒 an approach that has since been completely rejected as unsound.性视界传媒
Prosecutors, meanwhile, have maintained that the evidence supporting Roberson性视界传媒檚 conviction is still 性视界传媒渃lear and convincing性视界传媒 and that the science around shaken baby syndrome has not changed as much as his defense attorneys claimed.
Roberson性视界传媒檚 attorneys also argued that his autism 性视界传媒 which was not diagnosed until 2018 性视界传媒 性视界传媒渄irectly contributed性视界传媒 to his conviction, with doctors and law enforcement viewing his 性视界传媒渇lat demeanor性视界传媒 as a 性视界传媒渟ign of culpability.性视界传媒
Brian Wharton, the lead detective who investigated Roberson性视界传媒檚 daughter性视界传媒檚 death and sided against him at trial, has said he now believes in his innocence, especially after learning of Roberson性视界传媒檚 disability, and has advocated for his exoneration.
性视界传媒淚 will be forever haunted by my participation in his arrest and prosecution,性视界传媒 Wharton, who submitted a letter in support of clemency, said on Tuesday. 性视界传媒淗e is an innocent man.性视界传媒
