Imagine you are the father of a 2-year-old girl. You wake up and find her unresponsive. You rush her to the emergency room. Doctors observe the girl was in very poor condition upon arrival. She cannot be saved and she dies. People at the hospital think your behavior is odd. Detective Brian Wharton investigates and suspects you murdered your daughter. You are accused of “Shaken Baby Syndrome” and are sentenced to death.

Robert Roberson has been on death row since 2003. Since that time, it has been revealed that Roberson is autistic, which explains the behavior observed in the emergency room. Also, his daughter had been suffering from pneumonia, which had progressed into sepsis by the time she was delivered to the emergency room, which may explain why the doctors thought her condition was too severe to not have been caused by Roberson. Evidence of physical damage to the girl suggesting Roberson abused her now appears to be the result of the efforts made by doctors to revive her. “Shaken Baby Syndrome” is currently considered to be junk science. Detective Brian Wharton now believes Roberson is innocent and advocates for his exoneration.

I understand why Roberson was sentenced. Roberson had a criminal record and witnesses testified that he had been violent. It is questionable whether these witnesses can be considered reliable. The jury in 2003 was not aware of the new evidence that Detective Brian Wharton believe exonerates Roberson. This new evidence is why in 2024, 84 members of the Texas House of Representatives signed a clemency petition for Roberson.

The governor of Texas cannot pardon. That authority lies with the board of Pardons and Paroles. I realize this board has previously denied commutation. The governor can request the board reconsider the case and issue a pardon.

Greg Abbott won’t. I will.

Pat Dixon
Libertarian Party candidate for Governor of Texas
PatDixon.org