Autism Experts to Texas to Halt Execution-Shaken Baby Syndro

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Autism advocacy groups, exonerees, and leading experts are calling on Texas authorities to stop the October 16 execution of Robert Roberson, an autistic man convicted under the discredited “Shaken Baby Syndrome” hypothesis in the 2002 death of his daughter, Nikki.

The Autism Society of Texas and the Autism Society of America released an open letter this week urging state leaders to intervene, citing overwhelming medical evidence that Nikki died from illness, improperly prescribed medications, and accident, not abuse. The letter warns that Roberson’s undiagnosed autism was misinterpreted by hospital staff, police, and prosecutors, and used against him in court.

“We urge Texas leaders to recognize how Mr. Roberson’s then-undiagnosed autism shaped the way hospital staff and law enforcement misjudged him,” said Jacquie Benestante, executive director of the Autism Society of Texas. “He didn’t appear in the way they expected a concerned father to act because of his autism, not because of a lack of emotion.”

Roberson’s conviction has drawn mounting scrutiny over the years. He was nearly executed last year before a bipartisan group of Texas lawmakers intervened, but advocates warn the reprieve was temporary and the risk remains. Supporters argue the case illustrates how medical error, prosecutorial overreach, and disability discrimination combined to produce a wrongful death sentence.

Dr. Natalie Montfort, a Houston-based autism specialist, said, “Robert Roberson’s case is the most extreme example of a persistent problem, in which misperceptions about autistic people contribute to their wrongful convictions and excessive punishments.”

On Tuesday, Montfort joined three leading experts—Sir Simon Baron-Cohen, Ph.D., director of the Autism Research Centre at Cambridge University; Connie Kasari, Ph.D., professor at UCLA; and Matthew Belmonte, Ph.D., an autism researcher—in a webinar entitled “Robert Roberson, Autism, and Injustice.”

The event, sponsored by the Autism Society, highlighted how individuals on the autism spectrum are often misjudged in courtrooms, police interactions, and incarceration settings.

Baron-Cohen said Roberson’s case underscores the stakes of misunderstanding autism.

“Understanding Robert’s autism is central to understanding how his wrongful conviction occurred. Now that all the medical evidence is available, we not only know how his daughter Nikki died, which wasn’t by abuse, but also why Robert did not present as the neurotypical parent would have done when being questioned by medical staff and law enforcement officers,” Baron-Cohen said. “It is a tragedy he has spent 20 years in prison when he is innocent, but it is even more heart-breaking that despite his disability, he may be executed. This must be halted.”

Belmonte explained how stress responses in autistic individuals are often misinterpreted.

“Profound thoughts, powerful emotions, and loud sights or sounds, and unfamiliar people and places, can be difficult for an autistic person to process all at once,” he said. “Robert’s withdrawal must not be read as lack of concern; on the contrary, it can indicate that the events surrounding his daughter’s death were too much for him to handle.”

Kasari added, “Not only Robert Roberson but the people of Texas deserve truth and justice in this case. An autistic person’s withdrawal or overload during an unimaginably stressful situation must not be misinterpreted as evidence of guilt.”

The open letter from autism advocates describes how autism’s social and emotional characteristics were weaponized against Roberson at trial. Witnesses described him as “odd,” “calm,” “nonchalant,” “unemotional,” or “detached.” Jurors, unaware of his disability, interpreted these traits as evidence of guilt. Only years later, after evaluation by a neuropsychologist, was Roberson formally diagnosed with Autism Spectrum Disorder.

Roberson, who grew up in poverty and left school after the ninth grade, had long been identified as a special education student. He received speech therapy through Medicaid for delayed speech but was never evaluated for autism as a child. Experts say his late diagnosis mirrors common patterns among those from disadvantaged backgrounds.

At the time of her death, two-year-old Nikki was ill with pneumonia and a high fever. Doctors had prescribed her Phenergan, a powerful drug no longer given to children her age because of its respiratory-suppressing effects, and Codeine, a narcotic not recommended for anyone under 18. Nikki suffered a short fall from a bed, but medical records showed no skull fractures or signs of abuse. Hospital staff, unfamiliar with autism, misread Roberson’s demeanor as indifference. Prosecutors seized on this interpretation, arguing he had shaken his daughter to death.

Medical examiners later admitted they had not reviewed Nikki’s full records, including CT scans from her final hospitalization. The child abuse pediatrician who diagnosed shaken baby syndrome failed to account for her history of respiratory problems or the contraindicated medications she was prescribed.

Even Brian Wharton, the lead detective in the case who testified for the prosecution, has since recanted.

Now a United Methodist Church elder, he said, “We made a horrible mistake in this case. There’s no shame in trying to correct that error now, but it would be a shameful failure for Texas to execute this innocent man. I entreat my fellow Texans who are committed to the sanctity of life to join me in righteous prayer seeking a stop to this injustice.”

On September 4, the Center for Integrity in Forensic Sciences released an open letter signed by nearly two dozen exonerees urging Texas to halt Roberson’s execution. At a press conference announcing the letter, four exonerees—two of whom were themselves wrongfully convicted under the shaken baby theory—spoke out, saying Roberson’s case is another example of junk science leading to wrongful convictions.

Bestselling author John Grisham has also weighed in. On September 10, he revealed that his next book, SHAKEN: The Rush to Execute an Innocent Man, will be published in June 2026.

“The wrongful conviction of Robert Roberson has been an ongoing tragedy for over twenty years,” Grisham said. “If it now becomes a wrongful execution, it will live in infamy. We don’t know its final chapter, but I’ll be there to record the outcome.”

Advocates stress that Roberson’s case highlights broader systemic failures: reliance on discredited forensic theories, lack of proper accommodations for autistic individuals, and the dangers of misinterpretation in high-stakes legal settings.

Roberson’s attorneys have asked the Texas Court of Criminal Appeals to stay his execution and grant him a new trial. With the execution date less than a month away, supporters say time is running out to prevent what they call an irreversible miscarriage of justice.

The Texas Court of Criminal Appeals on Thursday granted a stay of execution to death row inmate Robert Roberson, who has long claimed he is innocent in the murder of his 2-year-old daughter Nikki Curtis, saying his conviction based on a diagnosis of shaken baby syndrome was flawed.

The ruling halts Roberson’s execution scheduled to take place October 16, which his attorneys have said would be the first in the US based on an allegation of shaken baby syndrome.

Thursday’s order says the court found Roberson satisfied his claim that he should get relief after the appeals court last year granted a new trial to a man, Andrew Roark, who was convicted of injury to a child based on a similar allegation of shaken baby syndrome. In that case, the court found scientific evidence had evolved and that it was “more likely than not” the man would not have been convicted.

As a result, “we remand the claim to the trial court for resolution,” the order Thursday says.

The ruling comes after years of appeals by the inmate and his attorneys that have so far been rejected. Ahead of his last execution date last October, state and federal courts – including the US Supreme Court – declined to stop his execution, and the Texas parole board rejected his plea for clemency.

There remains consensus among pediatricians that the diagnosis of shaken baby syndrome – now considered a subset of abusive head trauma – is legitimate. But Roberson’s supporters argue shifts in the understanding of the causes of symptoms Nikki displayed shortly before her death, along with mounting new evidence, prove his innocence or at least warrant a new trial.

In a death row interview with CNN Wednesday, Roberson again said he was innocent, but that he was at peace thanks to his faith.

“I’m not scared to die, but I’m not ready to die yet, you know,” he said.

“No matter what happens, I’m going home to a free world,” Roberson said. “I’m going home to be with the Lord.”

On Thursday, Roberson’s attorney expressed gratitude to the Court of Criminal Appeals for recognizing the “parallels” between her client’s case and that of Roark.

“The issue will be whether the decision granting relief to the now-exonerated Andrew Roark requires relief for Robert as well,” she said. “Deciding that issue will, of necessity, require considering the mountain of medical records, scientific studies, expert opinions, and other evidence that proves his very ill little girl died from natural and accidental causes, not shaking or other abuse.”

Roberson’s execution last year was only stopped following a remarkable maneuver from a group of state lawmakers, who subpoenaed the inmate’s testimony, prompting the Texas Supreme Court to issue a temporary stay. In the year since, Roberson and his attorneys had hoped to secure a new trial, but a new execution date was set even as appeals remained pending.

State Rep. Brian Harrison, a Republican who orchestrated the House committee subpoena last year, celebrated the ruling, commending the Texas appeals court judges and stressing his belief that Roberson has “never been given a fair trial.”

“It is most incumbent on those of us who support capital punishment to ensure that potentially innocent people are never subject to it,” Harrison said on X.

“I will not stop fighting for justice and to ensure my children and the next generation do not inherit a state where the government can deprive Texans of life and liberty absent due process and fair trials.”