Robert Roberson’s Execution Has Been Stayed!
Dear Supporters,
We are thrilled to share that Robert Roberson’s execution has been stayed by the Texas Court of Criminal Appeals! Robert is an innocent father with Autism Spectrum Disorder who has spent over 20 years on death row in Texas for a crime that never occurred. Today, the CCA sent his case back to the district court to consider whether he deserves relief based on a 2024 CCA case called Ex Parte Roark. Like Robert, Roark was wrongfully convicted based on the now-debunked “Shaken Baby” hypothesis. But unlike Robert, Roark has already been exonerated. The Court’s order means that Robert will not be executed on October 16.
We are grateful to the incredible legal team whose work made this result possible today, led by the inspiring and indefatigable Gretchen Sween and including Skadden, Arps, Slate, Meagher & Flom LLP, the Capital Habeas Unit at the Federal Public Defender for the Western District of Oklahoma, and the Innocence Project. We are also grateful to the mitigation team from Texas Defender Service for their support of Robert and to the Texas Coalition to Abolish the Death Penalty for their leadership and advocacy. And THANK YOU to all of you who spoke out for Robert and for justice by attending his Austin rally, signing his petition, and calling the Governor!
In 2002, Robert’s two-year old, chronically ill daughter, Nikki, was sick with a high fever and suffered a short fall from bed. Hospital staff did not know Robert had autism and judged his response to his daughter’s grave condition as lacking emotion. Robert was prosecuted, convicted, and sentenced to death for Nikki’s death based on the now-debunked “Shaken Baby” hypothesis. The overwhelming medical and scientific evidence now shows that Nikki died of accidental and natural causes.
Robert was nearly executed last year on October 17, 2024, but his execution was stayed when a bipartisan group of Texas lawmakers acted to prevent an irreparable injustice. Concerns about Roberson’s innocence have generated a groundswell of support in Texas, nationally, and internationally. Those allies include the Autism Society of Texas and Autism Society of America, Texas lawmakers, Rev. Brian Wharton, Josh Burns, Anna Vasquez and numerous other exoneeres, John Grisham, the Center for Integrity in Forensic Sciences, faith leaders, and many more.
Of the ruling, Robert’s lawyer Gretchen Sween said, “We are relieved and grateful that members of the CCA appreciate the parallels between Andrew Roark’s case and Robert Roberson’s, and the case is being sent back to the district court for further proceedings. The issue will be whether the decision granting relief to the now-exonerated Andrew Roark requires relief for Robert as well. Deciding that issue will, of necessity, require considering the mountain of medical records, scientific studies, expert opinions, and other evidence that proves his very ill little girl died from natural and accidental causes, not shaking or other abuse. Robert adored Nikki, whose death was a tragedy, a horror compounded by Robert’s wrongful conviction that devastated his whole family. We are confident that an objective review of the science and medical evidence will show there was no crime.”
Justice can only happen when we advocate for change and raise our voices. Thank you for advocating for Robert and for justice!
With gratitude,
Burke Butler
Executive Director
Texas Defender Service
