Tell HN: Texas about to execute Robert Roberson, a 57-year-old man with autism
On Thursday, Texas is likely to execute Robert Roberson, 57, a man with autism sentenced to death in 2003 after his daughter Nikki died [1, 2]. His conviction is based on the idea that shaken baby syndrome, or abusive head trauma (SBS/AHT), can be reliably diagnosed by a few specific signs—primarily bleeding around the brain and behind the eyes.
I first encountered this theory when I was personally suspected of harming my own 5-month-old son back in 2016 [3], my ASD-related difficulty in expressing emotions being used against me. Eventually, the nanny became the main suspect, and she was prosecuted, though my wife and I were not. Four years later, all charges against her were dismissed. It turned out there had been no crime after all: my son had a medical condition that resembled abuse but wasn’t. I discovered that this is extremely common, as the science linking these signs to shaking is highly unreliable and questionable.
Today, my son is perfectly healthy, and we were ultimately very fortunate. However, things could have turned out much worse. Without our insistence that doctors conduct additional tests, a later diagnosis could have led to a far darker outcome. I could very easily be in prison right now—I know several parents and caregivers who are.
As a neuroscience PhD, this experience led me to research this issue extensively. I've read thousands of medical articles, published a few myself, and last year, I co-edited a textbook with contributions from 32 experts across 8 countries, published by Cambridge University Press. Along the way, I’ve also met hundreds of wrongly accused parents and caregivers from around the world.
Even if I were not fully convinced of Roberson’s innocence, everything I know about the underlying science of SBS/AHT would at least cast serious doubt on his guilt. Shouldn’t we demand extraordinary certainty before taking someone’s life? The reality is that innocent individuals are sometimes executed. [4]
Roberson is set to become the first person in the world executed on an SBS/AHT conviction, a precedent that would be profoundly disturbing. As colleagues and I recently wrote in an op-ed about Roberson and similar cases [5]:
> In January, doctors who re-examined Nikki’s case found other explanations for her death, including severe pneumonia. In 2003, Roberson’s lack of emotional display was interpreted as a sign of guilt—his autism was only diagnosed in 2018. His innocence is now beyond doubt for a group of 34 scientists and doctors, 86 Texas state representatives, organizations like the Innocence Project, figures like author John Grisham, and even the police investigator originally in charge of the case, who is now convinced of his mistake. They are appealing to Texas Governor Greg Abbott to stop the execution.
Though it might be unusual to post this on HN, I’d like to echo the Innocence Project’s call to "Call on Gov. Abbott to Stop Robert Roberson’s Execution" [6].
As Rep. Joe Moody of El Paso puts it: [7]
> We’re barreling towards an execution when a strong bipartisan majority of #txlege reps aren’t even sure a crime occurred—and are very sure due process didn’t. We have to do all we can to pump the brakes before this stains Texas justice for generations.
[1] https://time.com/7086477/robert-roberson-execution-date-texa...
[2] https://news.ycombinator.com/item?id=41513917
[3] https://news.ycombinator.com/item?id=37650402
[4] https://en.wikipedia.org/wiki/List_of_exonerated_death_row_i...
[5] https://shakenbaby.science/roberson.html
[6] https://innocenceproject.org/petitions/justice-for-robert-ro...
The Wikipedia article [1] has a lot more details about the case including the extent of the child’s injuries (far more serious than his cover story would indicate) and Mr. Roberson’s prior history of physical abuse of ex spouses and his other children.
It appears that “shaken baby syndrome” was just one of the pieces of evidence that the state had in this case.
[1] https://en.wikipedia.org/wiki/Robert_Roberson_case?wprov=sft...
The other facts in the case are more compelling, possibly, than the fact he has autism. Are certain categories of people incapable of committing crimes?