Robert Roberson’s Life Has Been Saved by Texas Legislators

Dear Friends,

What played out last night was the most extraordinary legal fight we have ever witnessed in our careers. The execution of an innocent, autistic man, Robert Roberson, was halted at the 11th hour after a group of bipartisan Texas legislators won a temporary restraining order. Their restraining order was vacated by the Texas Court of Criminal Appeals, Texas’s highest criminal court, shortly after 8:00pm. But the legislators didn’t stop there.

They took their fight to the Texas Supreme Court, which, in a move that is unprecedented in Texas’s history, upheld the restraining order at 9:45pm. They saved Robert’s life.

This fight played out shortly after Justice Sotomayor issued a chilling statement. The U.S. Supreme Court lacked the power to intervene in Robert’s case, but she urged the Texas Governor to issue a reprieve, which she said was “imperative” to prevent the death of “a man who has raised credible evidence of actual innocence.”

Robert was convicted of his daughter’s death under a now-debunked scientific theory called “shaken baby hypothesis.” Science has since shown that she died not by his his hand, but from complications of severe pneumonia, for which her father had desperately sought treatment before she died. The original detective in Robert’s case now believes he is innocent, as do scientists and doctors.

But Texas criminal courts have failed to give relief to Robert despite a Texas “junk science” law meant to overturn convictions like his. As explained in Texas Defender Service’s 2024 study of the law, An Unfulfilled Promise, his case is emblematic of the systematic failure of Texas courts to exonerate innocent people convicted based on junk science, even though legislators enacted a law to do just that.

Robert’s case started as a handwritten plea for help he wrote to Texas Defender Service in 2015 after his lawyers had abandoned him. The state planned to execute Robert; he swore he was innocent. TDS lawyers developed Robert’s claim under Texas’s junk science law and ultimately won him a stay of execution in 2016. 

Back then, as we fought for Robert, we thought this innocent man would soon receive lasting relief from the courts. We were wrong: the courts failed Robert. But last night, the Texas House of Representatives didn’t. Their moral bravery gives us hope for Robert and for our society.

Texas’s system of justice is cruel and arbitrary. It doesn’t serve public safety. It harms people with disabilities and the innocent. It hurts families and children. Robert’s case isn’t unique, but what is unique is that the world is paying attention.

Robert’s case has exposed our criminal injustice system for what it really is. The world’s outrage and shock will help us in the fight ahead for everyone impacted by this heartless, cruel institution. 

We express our gratitude to Gretchen Sween, Robert’s incredible, fearless lawyer; Caiti Coughlan, Robert’s mitigation specialist; the Texas Coalition to Abolish the Death Penalty; the Innocence Project; John Grisham; and the scientists, doctors, disability-rights advocates, and conservative leaders who spoke out for Robert. 

And to all of you, for signing the petition to save Robert. Your voices were heard and they mattered. Thank you.

With gratitude,