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Robert Roberson is facing execution in Texas for the death of his 2-year-old daughter from what was diagnosed as shaken baby syndrome. He has filed a clemency petition asking the governor to pardon him and allow him to go home. Despite the support he has garnered from a bipartisan coalition, medical experts, and even the original detective in his case, there has been no decision made on his clemency request. The Texas Board of Pardons and Paroles must recommend clemency to the governor, who has rarely used his clemency powers in the past.

Roberson’s case dates back to 2002 when his daughter was found dead with signs of brain trauma that initially led to the shaken baby syndrome diagnosis. The lead detective in the case accepted this diagnosis and Roberson was arrested and convicted of capital murder. However, Roberson has since maintained his innocence, citing his autism spectrum disorder diagnosis and his defense lawyers were not allowed to present evidence of mental lapses caused by a brain injury at trial. Despite several challenges to his conviction, including a denial of a new trial last year, Roberson continues to fight for his freedom.

The concept of shaken baby syndrome has evolved over the years, with medical experts now using the more broadly defined term abusive head trauma to encompass a range of injuries that can cause similar symptoms. However, making a definitive diagnosis requires extensive analysis and medical history of the child. While the dangers of shaking an infant are well-established, experts caution against oversimplifying diagnoses based on specific symptoms alone. In the case of Roberson, there have been questions raised about the initial diagnosis and the lack of consideration for his daughter’s chronic health issues.

Since 1992, at least 34 defendants have been exonerated in connection with allegations of shaken baby syndrome or abusive head trauma. Such cases have faced scrutiny due to evolving medical science and an increased understanding of possible alternative causes for similar symptoms. Roberson’s case represents a unique situation where he could potentially be the first person in the U.S. to be executed based on a shaken baby diagnosis. His defense team, along with supporters, continue to push for his release, highlighting the need for a reexamination of the evidence and the circumstances surrounding his daughter’s death.

Roberson’s case underscores the complexities of medical diagnoses in criminal cases and the potential for wrongful convictions based on evolving scientific understandings. The issue of shaken baby syndrome has faced increasing scrutiny in recent years, leading to reversals and exonerations in similar cases. Despite the challenges he has faced in the legal system, Roberson remains hopeful that the support he has received will sway the governor to grant him clemency. As he awaits a decision on his fate, he remains positive and focused on prayer and forgiveness, finding strength in the support he has received from various quarters.

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