Texas Board Denies Clemency for Robert Roberson in ‘Shaken Baby’ Death Penalty Case

If Roberson’s execution goes forward, he will be the first person executed on the basis of the Shaken Baby Syndrome hypothesis in the history of the United States.

Texas lawmakers say they passed a law to prevent miscarriages of justice like this from occurring. In 2013, they approved Article 11.073, known as the junk science writ law. The statute allows people to challenge their convictions based on developments in forensic science that “contradicts scientific evidence relied on by the state at trial.”

Several people testified at the hearing including Brian Wharton, the former lead detective on Roberson’s case. Wharton now says Roberson is innocent.

“We should apologize to Robert and send him home,” Wharton told Texas lawmakers. “Don’t make my mistake. Hear his voice.”

Roberson’s legal team says that his daughter died from a severe case of viral and bacterial pneumonia which developed into septic shock. Her condition was exacerbated by dangerous levels of promethazine in her system, which two doctors prescribed to her in the days before her death.