In a dramatic turn of events, Robert Robertson, who was sentenced to death in 2003 for the death of his two-year-old daughter, narrowly escaped execution just 90 minutes before the sentence was to be carried out. The case, rooted in the controversial diagnosis of “Shaken Baby Syndrome,” is now under renewed scrutiny, potentially revealing that Robertson may not have been responsible for his daughter’s tragic death after all.
A Last-Minute Reprieve
The execution was scheduled for 6:00 PM local time in Texas on Thursday. However, only an hour and a half before his death, a judge in Travis County issued a temporary restraining order, granting Robertson the chance to testify in an upcoming hearing set for next week. According to reports from BBC News, this decision was prompted by a recent subpoena issued by the Texas House of Representatives, requiring Robertson’s presence at a hearing on October 21.
This legal move has, for now, postponed Robertson’s execution, giving him a lifeline in a case that has attracted widespread attention and appeals from medical experts, legal professionals, and prominent figures, including best-selling author John Grisham.
A Controversial Conviction
In 2003, Robertson was convicted and sentenced to death for allegedly causing his daughter’s death by violently shaking her. The case was built on the medical evidence available at the time, which concluded that the two-year-old had died from head trauma, consistent with “Shaken Baby Syndrome” (SBS). The autopsy pointed to bruises on the head, brain swelling, and retinal hemorrhaging as proof of fatal child abuse.
However, since then, Robertson’s defense team has consistently argued that the child died due to complications from pneumonia medication, which has since been deemed unsuitable for use in children due to severe side effects. Robertson, who maintains his innocence, testified that his daughter had fallen from the bed on January 31, 2002, and he took her to the hospital when she stopped breathing hours later.
Outdated Science at the Heart of the Debate
A collective of 86 Texas lawmakers, medical experts, scientists, and public figures have appealed for Robertson’s sentence to be commuted, citing outdated scientific evidence used in the original trial. They argue that the understanding of Shaken Baby Syndrome has evolved significantly in the last two decades, and that many of the medical findings used to convict Robertson are now considered unreliable.
The group contends that modern science no longer definitively links brain swelling, retinal hemorrhages, and bruising to intentional shaking, casting doubt on the original diagnosis. Furthermore, Robertson’s lawyers revealed that he had not been diagnosed with autism at the time of the trial, a condition that could have impacted his behavior and interactions with authorities.
Prosecution Pushes Back
Despite the stay of execution, the Texas Attorney General has already filed an appeal against the temporary restraining order, seeking to reinstate the execution. This legal maneuver signals that the state is not yet ready to back down, even in the face of mounting evidence and public pressure.
What Really Happened?
Robertson has consistently claimed that his daughter’s death was accidental, stating that she fell from the bed. However, the severity of her injuries raised immediate suspicions among medical professionals, who noted bruising, swelling, and bleeding behind her eyes. These symptoms, at the time, were seen as classic signs of abuse, leading to his conviction.
Yet, Robertson’s defense team is adamant that the real culprit may have been the medication prescribed for pneumonia, which has since been identified as potentially dangerous for children. At the time of the trial, this possibility was not given adequate attention, and it is now a focal point of the defense’s efforts to overturn the death sentence.
The Future of the Case
With a new hearing set for next week, Robertson’s future hangs in the balance. The case highlights the complexities surrounding Shaken Baby Syndrome diagnoses and the potentially life-altering consequences of outdated medical science in the legal system. For now, Robertson remains alive, his execution postponed, while the court considers whether new evidence will grant him the justice he claims has been long denied.
