HOUSTON — A man from Texas is on track to become the first individual in the U.S. to be executed based on a murder conviction linked to shaken baby syndrome.
Robert Roberson, who is 57 years old, is set to face lethal injection on Thursday for the death of his 2-year-old daughter, Nikki Curtis, in 2002. He has consistently maintained his innocence. His defense team, alongside a bipartisan assembly of Texas lawmakers and medical professionals, argues that his conviction relies on flawed scientific testimonies and that new findings indicate Curtis actually succumbed to severe pneumonia complications.
However, prosecutors contend that the new evidence does not invalidate their assertion that Curtis’s injuries were a result of actions by her father.
The imminent execution of Roberson has reignited discussions surrounding shaken baby syndrome. Advocates for reform, including certain lawyers and members of the medical community, argue that the diagnosis is fundamentally flawed and has led to miscarriages of justice. Conversely, prosecutors and established medical organizations assert that the diagnosis is valid, robustly supported by scientific research, and recognized as a principal cause of fatal head injuries in infants under two years of age.
Understanding shaken baby syndrome is crucial in this context. The term refers to significant brain injuries caused when a child experiences violent shaking or impact, often by an adult caregiver. Dr. Suzanne Haney, a child abuse pediatrician from the American Academy of Pediatrics Council on Child Abuse and Neglect, noted that the terminology was updated to abusive head trauma in 2009 to encompass a broader range of causes. Each year, around 1,300 cases of this type are reported in the U.S., according to the National Center on Shaken Baby Syndrome.
The debate surrounding shaken baby syndrome centers on its application in legal cases. Critics claim that medical professionals hastily diagnose child abuse based on a classic triad of symptoms — which include bleeding around the brain, brain swelling, and eye hemorrhages — while neglecting to consider alternative explanations, such as minor falls or natural illnesses that might present similar symptoms. “The hypothesis used against Mr. Roberson is devoid of scientific credibility,” stated Kate Judson, executive director at the Center for Integrity in Forensic Sciences.
While Dr. Haney refrained from commenting specifically on Roberson’s situation, she emphasized that a significant majority within the medical field agree on the soundness of the diagnosis. She highlighted that practitioners do not solely rely on a triad of symptoms; they assess all potential factors that could result in the observed injuries. Haney expressed concern that skepticism towards abusive head trauma as a concept might hamper preventative measures, possibly putting more children at risk.
Roberson’s legal team holds that he was wrongfully convicted following the hospitalization of his daughter, who fell off a bed while suffering from illness. Recent evidence suggests that she died due to previously undetected pneumonia that progressed to sepsis, possibly exacerbated by inappropriate medications hindering her breathing, according to attorney Gretchen Sween.
The Anderson County District Attorney’s Office, which prosecuted Roberson, cited court documents stating that a judge dismissed the theories linking pneumonia and other illnesses to Curtis’s death following a hearing in 2022.
In recent times, various courts across the nation have overturned convictions related to shaken baby syndrome in states including California, Ohio, and Michigan. Recently, the Texas Court of Criminal Appeals mandated a new trial in a separate case, recognizing that advancements in scientific understanding could potentially lead to a different outcome. Notably, however, the appeals court has denied multiple requests from Roberson to postpone his execution.
At least eight individuals have faced death sentences in the U.S. due to shaken baby syndrome, as noted by Robin Maher from the Death Penalty Information Center. Among these, two have been exonerated while Roberson remains the only one with an execution date. According to the National Registry of Exonerations, over 30 individuals have been exonerated due to this controversial scientific theory.
On the other hand, Danielle Vazquez, who oversees the National Center on Shaken Baby Syndrome, pointed to recent research indicating that 97% of more than 1,400 convictions linked to shaken baby syndrome from 2008 to 2018 were upheld, suggesting that challenges based on medical evidence are infrequent. “Eliminating these varied cases does not address the reality that new parents can become overwhelmed and act inappropriately when managing a distressed child,” Vazquez cautioned, emphasizing the importance of addressing misconceptions about the dangers of shaking infants.
