In the 1970s, a radiologist and a neurosurgeon hypothesized that three symptoms—bleeding under the dura (the membrane that covers the brain), brain swelling, and retinal hemorrhaging (bleeding in the eyes)—amount to what they called, “Shaken Baby Syndrome,” or SBS.
In 2001, despite a lack of evidence or testing, the American Academy of Pediatrics (AAP) published a position paper (not scientific or peer-reviewed) that if these symptoms are observed, it should be presumed SBS occurred.
SBS has never been scientifically validated.
In 2002, Robert Roberson brought his two-year-old daughter, Nikki, to the ER where she presented these symptoms; suspicion immediately fell on him. Roberson, who has autism, was judged as a guilty man by hospital staff and law enforcement because of his lack of eye contact, indifferent appearance, and difficultly in expressing emotion (all autism symptoms).
Roberson explained that the toddler had fallen from her bed but that she didn’t show obvious signs of injury; he stayed up with her until they both eventually fell asleep. The next morning, he woke to find her unresponsive and her lips were blue, something that often happened due to her history of “breathing apnea.”
On life support, Nikki was transported to Dallas Children’s Hospital where a child abuse physician determined SBS occurred even though she hadn’t reviewed the toxicology report, the child’s medical history, or noticed the neck injury (consistent with a fall) on the CT scan (more on that CT scan later). The doctor had only spoken to law enforcement and Nikki’s maternal grandparents who claimed the child was “totally well,” that night even though they had called Roberson to pick Nikki up from their house because she was extremely unwell. I should mention they were in a bitter custody battle with Roberson.
Roberson was convicted and sentenced to death in 2003.
Six years later, not only did the AAP rein in its earlier position, Dr. Norman Guthkelch, the neurosurgeon who first hypothesized SBS, no longer supported his original contention, based in part, on his review of many other cases involving suspected abuse and children with chronic illnesses, such as Nikki’s.
“I am doing what I can so long as I have a breath to correct a grossly unjust situation.”
—Dr. Norman Guthkelch in 2015, shortly before his death.
Since birth, Nikki had endured bouts of infections and the unexplained apnea. She had been quite ill with vomiting, diarrhea, and coughing prior to her death and a local doctor prescribed Phenergan, a drug that has since been deemed potentially deadly to children in her condition. When her pneumonia worsened, a pediatrician sent her home with more Phenergan and cough syrup with codeine which is now banned for children under 18. Nikki’s toxicology report revealed a deadly amount of prescription drugs.
Fast forward to 2016 where the Texas Court of Criminal Appeals stayed his execution and in 2018, “misplaced evidence” in the case had been found in the basement of the courthouse where the original trial took place. It contained the CT scan, deemed “lost” at the time of his trial. It confirmed she had a bump on her head consistent with a fall. In 2021, several leading experts in an evidentiary-hearing testified that Nikki’s undiagnosed viral pneumonia and lethal levels of prescribed medications meant that even a short fall, such as the one she allegedly had, could cause severe injury or death. Interestingly, Covid studies have revealed much more information about the detrimental effects of viral pneumonia, further supporting Nikki’s death as a combination of natural and accidental factors.
Despite the overwhelming presentation of the outdated science, misleading medical testimony, and prejudicial treatment used against Roberson at trial, his conviction was upheld. The Texas District Attorney is now pushing for a new execution date.
In Ohio, an eerily similar case has played out. Alan Butts faced trial—also in 2003—for the death of his two-year-old daughter, alleging SBS. Butts’ daughter also had undiagnosed pneumonia at the time but her death was ruled as homicide. In 2022, based on the new science surrounding the hypothesized syndrome, Ohio courts ordered a new trial for Butts, but the state chose to not prosecute and instead, exonerated him. In fact, 32 individuals in 18 states have been exonerated after being wrongfully convicted of inflicting SBS.
Roberson’s attorney filed a motion in April to block the setting of an execution date, but a decision has yet to be made.
It’s astonishing that, despite the presence of conflicting and biased evidence, and even with the advancements in science that can shed new light on old cases, states still proceed with executions. We often become entangled in rigid procedures and the strict adherence to the rule of law, overlooking the nuances that can make or break a case. The reluctance to admit a mistake appears so strong that states double down, ignoring crucial evidence that might exonerate the accused. This stubbornness perpetuates a grim narrative where once a decision is made, it seems irreversible, highlighting a systemic failure to prioritize justice over procedural finality.
Learn more about Roberson, the case, and add your support to save Roberson from a wrongful conviction and execution.