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Connections Recap: October 2025
We had a very exciting October, meeting with members of the community! Autism Society of Texas was the beneficiary of Questing for Autism, which raised over $2400 for AST. Huge thank you to Redtigerpro & Aaron Bothne for hosting, as well as Alienware and Trader Joe’s for prizes.

We also had an amazing time with our Autistic adult & Thrive Parent groups recreation event at the Lady Bird Johnson Wildflower Center this Twilight Tuesday! Thank you so much to Superior HealthPlan and Lady Bird Johnson Wildflower Center for partnering with us for this great event, we so appreciate all of your support!

We had the opportunity to take part in multiple outreach event across Texas, including University of Texas’ “Supporting Every Step: Children’s Developmental Screening & Resource Fair”. 

Also thanks in part to the incredible advocacy work of organizations and individuals in the Texas Autism community, the execution of Robert Roberson, an innocent Autistic man on death row in Texas, was halted! Courts will review new evidence showing his daughter died from illness, not abuse. Texas must ensure justice informed by science, disability awareness, and an understanding that Autistic behaviors should not be misjudged as guilt. Read more here from the Texas Tribune.

Board Member Spotlight: Jean Mayer

Jean Mayer is one of our newest board members, joining us earlier this Fall, and we are so excited to have her as part of our team! Read her interview below.

Why did you decide to join the AST Board?

I’m the parent of a 12-year-old son on the Autism spectrum, diagnosed at age three and a half. Becoming part of this world—one I never anticipated—completely changed my life’s trajectory and purpose. It catapulted me into advocacy, where I’ve committed myself to building systems that not only support individuals with Autism and their families, but do so sustainably and with equity at the center.

My journey began as a Family Faculty member for Texas Parent to Parent, training first- and second-year medical residents on the lived experience of parenting a child with disabilities through a trauma-informed and family-centered lens. From there, I expanded my advocacy into public education—running for and being elected to the Pflugerville ISD Board of Trustees, where I’ve served for six years, including as Chair of the Governmental and Community Relations Committee. In that role, I’ve helped shape local, state, and federal policy positions that directly affect students receiving special education services.

At the state level, I also serve on the Legislative Advisory Council (LAC) for the Texas Association of School Boards (TASB), setting legislative priorities that strengthen inclusion and access for students with disabilities. And through storytelling and peer connection, I co-created and co-host Moms Talk Autism, a leading podcast and parent resource platform dedicated to amplifying authentic, nuanced perspectives of Autism and disability.

Serving on the AST Board allows me to continue integrating policy, education, and community-based advocacy—connecting families’ lived experiences to the systemic change they deserve.

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What do you like most about AST or serving on the Board?

What I value most about serving on the AST Board is the opportunity to co-create advocacy with others who share the same deep commitment to inclusion, equity, and authentic representation.

I’ve participated in AST’s Advocacy Days at the Capitol, and I’m continually inspired by how the organization blends grassroots engagement with strategic policy work. The collaboration between AST and education leaders like myself allows us to align efforts that advance awareness, understanding, and tangible change.

Beyond my local work in Pflugerville ISD, I help lead a statewide network of trustees called Texas Trustees Advancing Special Education (TTASE)—a coalition of school board members who are also parents of students receiving special education services. Together with partners like AST, we work to promote meaningful inclusion, safeguard student rights, and amplify the voices of families across Texas. Through this work, I’ve had the privilege of facilitating Lunch & Learn sessions and presenting at the Texas Capitol and at the annual TASA | TASB Convention, helping bridge the gap between legislative understanding and lived experience in special education.

Through these collective efforts—whether through cross-sector collaboration, policy influence, or public education initiatives—I find the work deeply fulfilling. It’s an incredible privilege to be part of something that not only drives systemic change but leaves a sustainable legacy for future generations of Autistic individuals and their families.

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What is your mission and vision for AST and the Autism community?

My hope for the future […] in Texas is that we continue to move beyond awareness toward authentic inclusion—where belonging is not just promised but practiced. I want to see a Texas where individuals on the spectrum are not defined by deficits or systems, but by their humanity, strengths, and potential.

As a parent, policymaker, and advocate, I believe the most transformative progress happens when lived experience is trusted as expertise. By continuing to connect those experiences to action—in our schools, our healthcare systems, and our legislature—we can ensure that every individual and family impacted by autism feels seen, supported, and empowered to thrive.

Support for Food Access and Nutrition Across Texas

At the Autism Society of Texas, we understand that accessing food and benefits like SNAP can be stressful and overwhelming — especially for families supporting a loved one with Autism. Our goal is to make this process easier by connecting you with helpful, reliable resources that meet your individual or family needs.

Whether you’re looking for immediate food assistance, support applying for SNAP, or help finding options that meet special dietary needs, we’re here to support you.

Need Help Navigating Resources?

Our team offers free, personalized support through our Navigation & Resource Program. We can help you understand eligibility, complete applications, or connect you with local food providers.

Phone: 512-479-4199
Email: info@texasautismsociety.org

Take Action: Protect Autism Services

We also invite you to advocate for the reauthorization of the Autism CARES Act — a critical federal law that helps fund services, research, and coordinated care for the Autism community.

Please take a moment to contact your representatives and show your support:
Take Action Here

Understanding SNAP and Local Food Assistance

The Supplemental Nutrition Assistance Program (SNAP) provides monthly benefits to help low-income households buy food. If you’re unsure how to apply, check your balance, or navigate changes to your benefits, these resources can help:

If you have questions about eligibility or need help with the application process, our team can assist you through our Navigation Program.

Major Food Banks in Texas

Below are key regional food banks across the state. Each offers services such as emergency food assistance, mobile pantries, and child nutrition programs. Visit their websites or call to learn what’s available in your area:

If you’re unsure which food bank serves your area, contact us and we’ll help you find the right one.

Food Support for Children with Special Dietary Needs

Some families need more than just access to food — they need options that are gluten-free, allergy-safe, or appropriate for medically restricted diets. The programs below aim to meet these needs. Availability may vary, so we encourage reaching out to each organization directly:

We are continually adding to this list. If you’re looking for resources in a specific region or have questions about dietary accommodations, reach out and we’ll do our best to connect you with appropriate support.

Statement on Acetaminophen Lawsuit

Autism Society of Texas Statement on Acetaminophen Lawsuit

October 28, 2025

The Autism Society of Texas affirms that current scientific evidence does not support claims that Tylenol (acetaminophen) use during pregnancy causes Autism. Autism is complex – influenced by genetic, biological, and environmental factors – not a single cause or product.

 In Texas, the real needs of Autistic individuals and families are urgent: schools are closing, attendant wages remain unlivable, teachers are leaving in high numbers, and close to 195,000 people remain on waitlists for home and community-based services. These are challenges that demand our collective attention and action.

The recently filed lawsuit by the State of Texas, alleging companies failed to warn consumers about “possible risks” of acetaminophen use in pregnancy, sets a dangerous precedent. Suing based on unproven, correlational studies risks turning public health into politics, undermining evidence-based medicine, and eroding trust in safe, essential treatments. This lawsuit sends a harmful message that mothers should be blamed for complex developmental outcomes and deepens previous stigmas. 

The Autism Society of Texas remains focused on advancing understanding, inclusion, and support for all Autistic individuals and families. Lawsuits like this divert attention and resources that could be better used to provide much needed support services, stronger schools, and fair pay for those who care for our Autism and disability community.

Please contact Jacquie Benestante for additional information: Jacquie@texasautismsociety.org or 512-479-4199, Ext. 4

Statement on the Stay of Execution for Robert Roberson

12/19/23, Livingston, Texas: Robert Roberson photographed through plexiglass at TDCJ Polunsky Unit. Ilana Panich-Linsman for The Innocence Project

We are profoundly relieved that the State of Texas has halted the scheduled execution of Robert Roberson, an innocent Autistic man who has spent over two decades on death row for a tragedy that was not a crime. The stay and remand granted today recognize what we have long known – that compelling new medical and scientific evidence shows Robert’s daughter died from illness, not abuse, and that his Autism was tragically misunderstood by all involved, leading to assumptions of his guilt.

This decision offers a vital opportunity for the courts to finally review the full truth, informed by current medical understanding and awareness of Autism. No one should face execution – or conviction – because their disability was misread as guilt.

We urge Texas officials to ensure a thorough, fair reexamination of Robert’s case and to take this moment to address the systemic failures that put people with developmental disabilities at grave risk of wrongful conviction. Today’s stay is not the end of Robert’s fight for justice, but it is a crucial step toward it.



Connections Created: September 2025 Recap

This September, advocacy and information have kept our team busy.

Jacquie & Adriana have done a number of interviews for TV and radio on related to Tylenol/Autism, Roberson and the Death Penalty (including a virtual education event cohosted by ASA & the Innocence Project), as well as the tragic event in El Paso where a teen eloped from school and was hit and killed on a freeway several miles away.

We held a virtual Disaster Preparedness education event in Spanish with the September 26th Project, which was created to honor Autism activist Feda Almaliti & her son, Mu, who passed away in a house fire in California, and works to ensure families are prepared in the event of an emergency

We also supported Autism Society of America’s Swim Safety Program and provided families with resources and sensory kits! Thank you so much to Dell Children’s for funding this important, life saving program.

Jacquie also worked with ACC Global Learning Students to help them understand Autism and how they can be a positive impact in their community. ACC Global Learning Students will be having a fundraising event for AST on October 1st at BJ’s Restaurant & Brewhouse in Austin! 

Robert Roberson Updates

12/19/23, Livingston, Texas: Robert Roberson photographed through plexiglass at TDCJ Polunsky Unit. Ilana Panich-Linsman for The Innocence Project

Robert Roberson, who was diagnosed with Autism only after his wrongful conviction, is facing execution in Texas on October 16, 2025. His death sentence stems from critical misinterpretations of his behavior during his daughter’s illness – misjudgments that have led to a tragic miscarriage of justice.

Organizations and individuals are fighting to stop this miscarriage of justice. Stay informed on what is happening – updates will be added here regularly.

  • ACTION ALERT – Take action now! 
  • (09/24/25) Watch our YouTube presentation cohosted by Autism Society of America and the Innocence Project – with presenters Connie Kasari, PhD • Natalie Montfort, PhD • Sir Simon Baron-Cohen, PhD • Matthew Belmonte, PhD

📢 Rally this Saturday, 10/4/25, at the Texas State Capitol
Join us at the Texas Capitol (South Steps) at 1 PM. Speakers include the Autism Society of Texas, legislators, and advocates, coordinated by The Innocence Project.

👉Learn more about the Robert Roberson case, Innocence Project

👉 Read our Executive Director’s Op-Ed,  Austin American-Statesman, or read text below

👉 Watch our video: Robert Roberson, Autism & Injustice with Simon Baron-Cohen, PhD, Connie Kasari, PhD, Natalie Montfort, PhD, and Matthew Belmonte, PhD.

👉Robert Roberson’s legal battle intensifies as execution date looms, WFAA – DFW

👉Autism advocates urge Texas to halt execution of Robert Roberson, KERA -Texas Public Radio

👉Texas death row inmate Robert Roberson abandons clemency plea and calls for new trial ahead of his execution, The Daily Mail

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10/1/25-Austin American-Statesman- Article by our Executive Director, Jacquie Benestante

Autism fed into his wrongful conviction. Don’t execute Robert Roberson

Link: https://www.statesman.com/opinion/columns/your-voice/article/autism-fed-wrongful-conviction-don-t-execute-21073772.php

Texas plans to execute a man whose autism was misunderstood as guilt. There’s still time to stop a tragic miscarriage of justice.

Jacquie Benestante, October 1, 2025

Autism has been much in the news lately. As executive director of the Autism Society of Texas, I hope this increased awareness helps us better serve the needs of people with autism and recognize their important gifts. At the same time, however, people with autism continue to face a lack of understanding that can have profoundly negative consequences, particularly when they come into contact with the criminal justice system. Robert Roberson’s case is the most extreme example of this problem.

Roberson is not only autistic, he is an innocent man who is scheduled to be executed on Oct. 16. From everything I know about Roberson’s case, I believe that his then-undiagnosed autism played a central role in his wrongful arrest, conviction and death sentence in connection with the 2002 death of his chronically ill toddler daughter, Nikki.

Overwhelming medical and scientific evidence proves that Nikki died because of severe pneumonia, exacerbated by dangerous, improperly prescribed medications. Her death was tragic, but it was not a crime, and Roberson did not cause it.

As the Autism Society of Texas and the Autism Society of America wrote in a recent open letter to Texas authorities urging them to stop Roberson’s execution: “A lack of awareness and understanding about (his) developmental disability seems to have been unwittingly held against him and greatly contributed to his wrongful conviction and death sentence.”

When Roberson brought Nikki to the only emergency room in rural Palestine, Texas, and when law enforcement interviewed him, they perceived his lack of outward displays of emotion as a manifestation of “guilt.” In reality, this was a product of his autism.

Hospital staff and police officers described Roberson as “odd,” “nonchalant,” “unemotional,” “detached” and “uncaring.” The jurors heard these damning characterizations, but were unaware of Roberson’s autism, or that his outward demeanor masked intense distress. That misperception, together with the prosecution’s use of the now-debunked “Shaken Baby Syndrome” hypothesis and no review of Nikki’s medical history, put an innocent man on death row.

Years after his trial, Roberson was finally evaluated by a qualified expert and received an autism diagnosis. This delay in diagnosis is frustratingly common, particularly for people like Roberson who grew up in poverty and had unstable family circumstances. But even as a child, Roberson was identified as having “special needs,” including a speech delay and other impairments consistent with his eventual diagnosis. His speech impairments and repetitious stammers are evident in a recent video interview published by this newspaper.

On Sept. 24, the Autism Society of Texas co-hosted a panel discussion entitled “Robert Roberson, Autism and Injustice.” Four renowned experts explained how people with autism are at an elevated risk for wrongful conviction and excessive punishment when they come into contact with the criminal justice system. Just as in Roberson’s case, people with autism often “shut down” when faced with extreme circumstances and overwhelming emotions, leading to a rush to judgment against them and harmful assumptions about how they may be feeling or thinking in the moment.

Brian Wharton was the lead detective who investigated Nikki’s death, interrogated Roberson and testified against him at trial. Wharton has now come to understand how Roberson’s autism, and not any criminal culpability, was responsible for the seemingly “flat” way he presented himself during their interactions as if he had no idea how serious his daughter’s condition was. Wharton has also come to believe, unequivocally, that Roberson is innocent, and that Texas made a terrible mistake in his case.

Our justice system must work to better serve those with autism and prevent injustices. I hope that we are moving in the right direction as a society. But for Robert Roberson, time is running out to prevent irreparable harm. Texas must not allow this execution to proceed.

Jacquie Benestante is the executive director of the Autism Society of Texas.

Connections Created: August 2025 Recap

We had a busy August!

This month, Jacquie has been distributing sensory kits to nonprofits and agencies across the Greater Austin area that support Autistic children and adults. So far, kits have been provided to Brady’s Bridge, VELA, and a couple of Local Intellectual and Developmental Disability Authorities (LIDDAs). We also provided kits to both the Austin Police Department (APD) and Austin Fire Department (AFD) during a Community Outreach Day hosted by APD earlier this year! Each kit includes noise-reducing headphones, fidget toys, sunglasses, and stickers — all thoughtfully chosen to support sensory regulation. We’ve heard from both parents and Autistic adults that having a bag labeled “Autism Society” has helped increase acceptance and understanding in public settings, especially during challenging moments. We’d like to give a heartfelt thank you to our incredible community partners who made the Sensory Kit Program possible! A huge thank you to the Atlas Project, whose generous fundraising efforts made it possible for us to provide these kits at no cost. We’re also deeply grateful to Project Genius for donating warehouse space to store the kits, and to Greenleaf NCC, where Autistic adult participants carefully assembled each one with care and intention while working at Project Genius! Thanks to the support of these amazing organizations, we’re creating moments of comfort, spreading acceptance, and strengthening connections across our community.

On August 20, Jacquie presented to the incoming 2025–2026 LEND cohort, alongside several Central Texas organizations that serve individuals with disabilities. She shared how AST supports the autism community through education, advocacy, and resources. Each year, AST also provides training to the LEND cohort on how the Texas legislative session works—and how to effectively advocate for policy change that benefits the disability community. ACT LEND is a 9-month leadership training program for graduate students, family members, and self-advocates. It combines hands-on experience, interdisciplinary learning, and mentorship to build future leaders in the fields of autism and developmental disabilities. We’re proud to support ACT LEND and look forward to continuing this meaningful partnership!

On August 21 we had our SATS presentation, “ABA for Teens and Adults: Skills for Lifelong Learning”, where we dove into the benefits of ABA across the lifespan. Thank you so much to our presenters: AST Board President, Rany Thommen Moser, M.Ed., BCBA, LBA, Dr. Laura Estep-Assistant Professor of Practice, Dept. of Special Education at UT Austin and Clinical Director at ASPIRE, and Jessica Quintanilla, BCBA, LBA from Central Texas Autism Center.

Connections Created: July 2025 Recap

July was a very busy month for the Autism Society of Texas team!

We had an incredible time at the Genuine Connect Conference in Houston! Huge thanks to Genuine World Cup for hosting such an inspiring event. From powerful sessions on employment and the critical role of data in improving programs and support, to impactful conversations on sports inclusion and meaningful networking opportunities, the day was rich with insight and connection. One of the biggest highlights? Hearing from Dani Bowman of Love on the Spectrum as she shared her journey, passion for animation, and the story behind the animation company she founded. We left feeling inspired, challenged, and truly grateful for the conversations and connections.

We also presented “Autism 101” at the Texas Parent to Parent Conference in San Marcos. It was great getting to connect with families and share information!

We also had our “Life Skills for Independence: Adulting 101” free education event on Facebook Live. You can watch it on Facebook here.

Robert Roberson- Hearing in Palestine, TX this Wednesday

Robert Roberson hearing set for Wednesday, July 16th | Palestine, Texas – 10:00 AM

Location: Anderson County Courthouse, 500 N Church St # 43, Palestine, TX 75801

The Autism Society of Texas is saddened to learn that Robert Roberson has been scheduled for a hearing this Wednesday in Palestine, TX. If you are able to go to the courtroom in support of Robert Roberson, please consider attending the hearing. The judge will hear from Roberson’s lawyer, Gretchen Sween, and from the State, regarding why an execution date should or shouldn’t be set. At this time, there is no action alert, but if you are able to drive to Palestine, or live nearby, it would be great to see a show of support for Robert. There are more details about the case below.

Press Release issued 7/11/25 from Robert Roberson’s Lawyer, Gretchen Sween

JUST IN: WEDNESDAY HEARING ON AG’S REQUEST TO SET EXECUTION FOR ROBERT ROBERSON DESPITE OVERWHELMING EVIDENCE OF HIS INNOCENCE IN “SHAKEN BABY” CASE

(Palestine, Texas, July 11, 2025) Today, Judge Austin Reeve Jackson, recently assigned to take over Robert Roberson’s case, set a hearing for Wednesday, July 16, 2025, at 10:00 a.m. CT, at the request of Attorney General Paxton’s office to set an execution date for Mr. Roberson, an innocent man on death row for a crime that never occurred. Citing Mr. Roberson’s pending application for writ of habeas corpus in the Texas Court of Criminal Appeals (CCA) and the overwhelming evidence of his innocence, his attorneys have opposed AG Paxton’s request.

WHERE: Main courthouse in Anderson County: 500 N Church Street, Palestine, Texas

Mr. Roberson, a Special Education student who dropped out of school in the ninth grade and has been diagnosed with Autism, was convicted under a now-debunked “Shaken Baby Syndrome” theory for the 2002 death of his chronically ill toddler daughter, Nikki. The available medical and scientific evidence now overwhelmingly proves that Nikki died because of severe pneumonia and related medical conditions, exacerbated by improperly prescribed medications and a short fall from bed. More information about his case and the evidence proving his innocence appears below the attorney statement.

Below is a statement from Gretchen Sween, an attorney for Robert Roberson:

“With a habeas petition pending in the CCA and a mountain of evidence proving Robert Roberson’s innocence that has yet to be considered, the request for an execution date in this case makes little legal or moral sense. We look forward to presenting our arguments to the court opposing the request, made by the AG’s Office, which only recently and inexplicably acted to take over representing the State in this matter which has been handled by the elected District Attorney of Anderson County since 2016.”

  • Gretchen Sween, attorney for Robert Roberson

  • July 11, 2025

Robert Roberson: On Death Row in Texas for a Crime that Never Occurred

Robert Roberson, a Special Education student when he dropped out of school after the 9th grade and a person with Autism Spectrum Disorder, is an innocent father who has spent over 20 years on death row in Texas for a crime that never occurred. He was nearly executed on October 17, 2024, but his execution was stayed when a bipartisan group of Texas lawmakers acted to prevent an irreparable injustice. Concerns about Roberson’s innocence have generated a groundswell of support in Texas, nationally, and internationally.

In 2002, Roberson’s two-year old, chronically ill daughter, Nikki, was sick with a high fever and undiagnosed pneumonia when she suffered a short fall from bed. Doctors had prescribed her Phenergan, a powerful medication that is no longer approved for children Nikki’s age and in her condition because of its respiratory-suppressing effects. She was also prescribed Codeine, a narcotic, not recommended for anyone under age eighteen. Roberson took Nikki to the emergency room, where hospital staff did not know he had Autism and judged his response to his daughter’s grave condition as lacking emotion. The police and prosecutors similarly rushed to judgment and, after Nikki tragically died, Roberson was prosecuted, convicted, and sentenced to death under the now-discredited Shaken Baby Syndrome hypothesis.

Roberson has been fighting for his life as the State of Texas refuses to acknowledge the evidence of his innocence while he remains at high risk of execution. He has presented extensive new medical and scientific evidence from highly qualified experts showing that Nikki actually died of severe viral and bacterial pneumonia that medical professionals missed in 2002, not any abuse. Her illness progressed to sepsis and then septic shock, a process likely exacerbated by the dangerous respiratory-suppressing medications she was prescribed during her last days. The medical evidence also shows that she had DIC, a blood-clotting disorder brought on by her advanced infection, which made her more susceptible to internal bleeding and bruising.

On February 19, 2025, Robert Roberson asked the Texas Court of Criminal Appeals (CCA) again to grant relief based on significant new evidence supporting his actual innocence. The “subsequent application” for habeas corpus relief includes new expert opinions and cites further scientific developments since the CCA recognized in an October 2024 case – indistinguishable from Roberson’s – that the purported scientific basis for the “Shaken Baby” conviction is unreliable. This information, the application explains, “demonstrates that (1) no rational juror would find Roberson guilty of capital murder; and (2) unreliable and outdated scientific and medical evidence was material to his conviction.” The filing is available here.

The February filing asked the CCA to declare Roberson innocent, grant him a new trial, or at the very least send his case back to the district court for further fact-finding based on the following new evidence bolstering his already overwhelming case of innocence:

  • New legal and scientific developments that further undermine the invalid SBS hypothesis used to arrest, convict, and sentenced Roberson to death. These important developments include the CCA’s October 2024 decision in Ex Parte Roark, invalidating the wrongful SBS conviction of a man whose case is indistinguishable from Roberson’s in all material respects;

  • The affidavit of Dr. Michael Laposata, a pathologist with special expertise in bleeding disorders, further corroborating and expanding upon the many expert assessments concluding that Nikki’s death was not a homicide;

  • The joint statement of 10 independent pathologists attesting to the unreliability of the cause and manner of death conclusions reached by the medical examiner who performed the autopsy on Nikki in 2002, without considering numerous highly relevant factors demonstrating her death was not a homicide;

  • Extensive testimony before the Texas House Committee on Criminal Jurisprudence in October and December 2024 addressing concerns that the CCA has not applied Texas’s changed-science law, Article 11.073, as the Legislature intended either generally or specifically in Roberson’s case;

  • The Interim Report of the Texas House Committee on Criminal Jurisprudence from November 19, 2024, addressing the correct application of Article 11.073 and the Legislature’s serious concerns about Roberson’s wrongful conviction;

  • Other new information, including declarations from witnesses attesting to Roberson’s deep love for his daughter and refuting the character smears the State has lodged against him in its relentless efforts to cling to a wrongful conviction.

The CCA Itself Has Recognized That the “Shaken Baby” Hypothesis Used to Convict Roberson is Scientifically Unfounded 

The February 2025 filing called the CCA’s attention to its own recent decision in Ex Parte Roark, announced on October 9, 2024, just a week before Roberson was scheduled for execution. In that case, the Court overturned a conviction based on the same dubious “Shaken Baby Syndrome” hypothesis supported by unreliable testimony from the very same “Child Abuse Pediatrician” who testified for the State in Roberson’s trial 2003 trial.

Dr. Janet Squires’ SBS diagnosis, based on assumptions that have not withstood the test of time, “was used to arrest, and her trial testimony to convict both Roark and Roberson.” (Application p.2) In Roark, the CCA ruled: “We find that scientific knowledge has evolved regarding SBS and its application in Applicant’s case. In addition, we find that given further study, the experts would have given a different opinion on several issues at a trial today—some already have. The admissible scientific testimony at trial today would likely justify an acquittal.” Ex Parte Roark, 2024 WL 4446858 at *23 (Tex. Ct. Crim. App. 2024). Roberson’s application urges the CCA to apply this same rationale to his case as well.

When both Roark and Roberson were convicted, the consensus in the medical community was that a child must have been violently shaken, and possibly struck against a blunt surface, whenever the child had the triad of symptoms observed in Nikki: bleeding under the dura membrane outside of the brain; brain swelling; and bleeding in the eyes. The consensus in the medical community at that time, was that naturally occurring illnesses or short falls with an impact to the head could not cause this triad of symptoms. The CCA has, however, acknowledged in Ex Parte Roark, that that belief is false.

The medical consensus at the time of trial also presumed that whoever had been caring for the child when she lost consciousness must have been the culprit because violent shaking would cause immediate brain damage, another false assumption. Parents, like Roberson, who denied doing anything to hurt the child, were perceived as callous liars.

Each of the SBS premises considered medical orthodoxy when the Roark and Roberson trials occurred has since been dismantled by evidence-based science, as the CCA acknowledged in Roark. In other words, none of the SBS principles shared with Roberson’s jury as “scientific” fact were actually grounded in science and each has since been debunked by empirical research. Today’s application explains: “The Roark and Roberson cases are indistinguishable in all material respects.” (p.11). As in Roark, Roberson’s conviction must also be overturned.

Since 1992, at least 40 parents and caregivers in 20 states plus the military have been exonerated after being wrongfully convicted under the “Shaken Baby” hypothesis, according to the National Registry of Exonerations.

The filing also called the CCA’s attention to the November 2024 recusal of the district judge who had previously recommended denying Roberson relief after adopting, virtually wholesale, a summary of evidence drafted by the Anderson County District Attorney’s Office. (Application pp.16, 118) The application explains that this recusal underscores the lack of due process he has received and the need for the CCA to reconsider Roberson’s case and, at a bare minimum, remand for further fact-finding before a new judge.

Legislative Testimony and Report Show “Changed Science” Law Has Not Been Correctly Applied in Roberson’s Case

Roberson is alive today because a bipartisan group of Texas lawmakers chose to dig deep into the facts of his case. On October 16 and 21 and December 20, 2024, the House Committee on Criminal Jurisprudence held hearings about whether Article 11.073, the changed-science law Texas lawmakers passed over a decade ago for innocent people like him, is being applied as intended. These hearings demonstrated that Roberson’s case exemplifies how this ground-breaking law has failed to fulfill its promise of granting relief to innocent people who were wrongfully convicted based on subsequently discredited science.

At the hearings, experts presented evidence that Nikki died of pneumonia, exacerbated by improper medications, and how the progression of her disease, along with medical intervention, affected her body by the time the autopsy was performed. The hearing witnesses also explained the absence of evidence of “battery,” or any other abuse and showed that the State’s view of the case is untethered to science or their own evidence at trial.

Lead detective Brian Wharton also testified that Roberson’s case involved a rush to judgment based on flawed medical information and exacerbated by Roberson’s Autism. Dr. Phil McGraw testified in support of Roberson and highlighted that the word “shake” or one of its derivatives was used so many times during Roberson’s trial that he stopped counting.

The record of the legislative hearings also shows that the District Attorney admitted she had not even read any of the new expert medical reports supporting Roberson’s innocence. Lawmakers were dismayed that she could not answer the most basic questions about the facts of the case. These hearings exposed the lack of process Roberson has received in the courts. Over and over, the legislators made clear that the Texas courts had plainly not applied Texas law either as written or as the Legislature intended in adjudicating Roberson’s case.

As part of their investigation into the courts’ flawed implementation of state law, the lawmakers subpoenaed Roberson to appear at a hearing on October 21, 2024, which temporarily stayed his October 17 scheduled execution. Leadership with the Texas Department of Criminal Justice (TDCJ) immediately agreed to facilitate Roberson’s appearance before the lawmakers at the Capitol. But then the Office of Attorney General intervened and blocked the plan for compliance with the subpoena. On November 15, 2024, the Supreme Court of Texas said that subpoena, though valid, could not block a scheduled execution—and thus the testimony should be obtained with that limitation in mind. The Legislators continued to seek Roberson’s testimony, and the Attorney General has continued to block them from doing so.

On November 19, 2024, the House Committee on Criminal Jurisprudence released an Interim Report, one of the important pieces of new evidence supporting today’s filing. With regard to Roberson’s case, the Committee said it “highlighted not just an individual injustice, but the unfulfilled promise of what was intended to be a pioneering Texas law.” The case also “exposed critical problems in both appellate procedure and how our system responds to people with neurodivergence.” (Interim Report p.21)

Roberson’s Case Has Gained Widespread, Bipartisan Support 

As part of February’s filing at the CCA, new declarations were submitted to refute the attacks on Roberson’s character the State has levied in an effort to cling to a wrongful conviction, as well as evidence of the overwhelming support for Roberson’s innocence. That support is demonstrated by the many letters submitted in support of his petition for clemency and widespread news and editorial coverage.

Letters supporting clemency for Roberson were submitted by dozens of individuals and groups, including:

  • A bipartisan group of nearly 100 Texas lawmakers;

  • 34 Scientists and medical professionals;

  • Advocates for people with autism and their families;

  • Parental rights advocates;

  • Former judges;

  • 70 Attorneys who have represented those wrongfully accused under the “shaken baby” hypothesis;

  • Faith leaders;

  • Exonerees;

  • Family and friends who know and love Roberson.

A family photo of Robert Roberson can be accessed here. Source: Roberson Family.

A photo of Roberson praying on death row with Texas lawmakers in October 2024 can be accessed here: https://tinyurl.com/3as85map.

Watch New York Times Opinion Video by former lead detective Brian Wharton here.

More information about Robert Roberson’s case can be found here: What People Are Saying About Robert Roberson and here: https://innocenceproject.org/news/what-to-know-about-robert-roberson-on-texas-death-row-for-a-crime-that-never-occurred/

To speak with an attorney for Robert Roberson please contact: reganclcp@gmail.com