Case Spotlight: Robert Roberson - a victim of ‘junk science’?
The Alleged Offence and Facts:
On the 31st of January 2002, Robert Leslie Roberson took his two-year-old daughter to the hospital, who suffered severe trauma to the head.[1] Andrea Sims, a nurse working the emergency room where Nikki (Roberson’s daughter) was taken later testified in court that in addition to the bruising caused by the severe trauma, Nikki had a hand print on her face and the back of her skull was “mushy”.[2] Nikki died of her injuries the next day and Roberson was subsequently charged with capital murder.[3]
Roberson had a long-standing history of domestic assault. Testimony at trial showed that Roberson would “whip” Nikki as a baby; this abuse later transgressed to other forms of physical abuse, both using his own hands and other instruments to inflict pain on Nikki.[4] It was reported that on one occasion that Roberson threw Nikki of the bed.[5]However, leaving the discussion here would greatly oversimplify the complexity of this case.
The controversy:
A couple facts were unknown during the time of the original trial. Roberson’s autism was unknown to hospital staff and investigators at the time of Nikki’s death. His flat affect and limited emotional expression were interpreted as signs of guilt rather than manifestations of autism, raising serious concerns about bias in both the investigation and prosecution.[6]For the purposes of this article, it is also imperative to concern ourselves with whether his autism and his poor socio-economic situation can be attributed as a mitigating circumstance to his crime. This is particularly important when considering the following notion.
More importantly, new exhume medical testimony has been presented, indicting that it is likely that Nikki had died of undiagnosed viral pneumonia.[7] This information is concerning for two reasons. Firstly, if this information is correct, then previous medical opinions and contemporary testimony, such as that by Andrea Sims, run a direct contradiction to the new findings. While it is beyond the scope of this author to comment on the medical accuracy and feasibility of these claims, it is a worrying finding that needs further critique and expert opinions. What is more relevant to the current article is whether such illness, and the lack of recognition by Roberson of the pneumonia, could be viewed as a factor of his economically disadvantaged situation. This should be considered by the courts.
What’s next?
Currently, the Texas Court of Appeal granted an emergency stay to reexamine the medical evidence, as permitted by the 2013 Junk Science law of Texas.[8] A new execution date has not yet been set, and it is unknown what the newly presented medical evidence would result in.
Despite some sources alleging that the shaken baby syndrome was the dominant evidence, one which has recently been disproven by medical research, this assertion is not entirely true.[9] Sotomayor J. made elaborate emphasis on the fact that the medical opinion did not solely rely on the theory of SBS, and stipulated that the signs of blunt force trauma to the head suggest that Roberson could have beaten Nikki to death.[10] Accordingly, it is unlikely that this point would alter the decision making regarding his execution.
However, the newly presented evidence suggesting that pneumonia, rather than abuse, caused Nikki’s death could fundamentally undermine the capital murder conviction and potentially exonerate Roberson altogether. The question therefore remains: is Roberson a victim of ‘junk science’ and social prejudice, or was he rightfully convicted of capital murder?
Whatever the answer, the case may now finally be reconsidered considering accurate medical evidence and (one hopes) with appropriate consideration of mitigating circumstances that were previously ignored.
Written by Soma Kemeny.
[1] https://www.tdcj.texas.gov/death_row/dr_info/robersonrobert.html
[2] https://www.texasattorneygeneral.gov/news/releases/office-attorney-general-sets-record-straight-about-nikki-curtiss-death-rebutting-jeff-leachs-and-joe
[3] https://www.tdcj.texas.gov/death_row/dr_info/robersonrobert.html
[4] https://www.texasattorneygeneral.gov/news/releases/office-attorney-general-sets-record-straight-about-nikki-curtiss-death-rebutting-jeff-leachs-and-joe
[5] ibid
[6] https://innocenceproject.org/cases/robert-roberson/
[7] https://files.deathpenaltyinfo.org/documents/Final-Roberson-Successor-w-Verification-2.pdf?dm=1726158524
[8] https://www.bbc.com/news/articles/cn4lexk7wn7o
[9] https://innocenceproject.org/cases/robert-roberson/
[10] https://www.supremecourt.gov/opinions/24pdf/24a349_8m58.pdf