Texas is preparing to execute Robert Roberson, a 57-year-old man diagnosed with autism, on October 17, 2024. His conviction stems from the 2002 death of his two-year-old daughter, Nikki, which his attorneys argue was based on a misdiagnosis of “shaken baby syndrome.”

Roberson’s case has garnered significant attention, including support from the Innocence Project, author John Grisham, and former law enforcement officials. Brian Wharton, the detective who originally investigated the case, now believes Roberson is innocent and stated that “the system failed Robert.”

During a recent press conference, Grisham highlighted the alarming reality of wrongful convictions, noting that Roberson’s case exemplifies how the judicial system can fail. He emphasized that there was no crime committed in this situation.

Roberson’s legal team contends that the diagnosis of shaken baby syndrome was incorrect, asserting that pneumonia, exacerbated by improper medication, was the actual cause of death.

They also argue that Roberson’s autism, which was diagnosed only in 2018, influenced perceptions of his behavior during the crisis.

Despite new scientific evidence questioning the validity of shaken baby syndrome claims and a bipartisan group of Texas lawmakers urging clemency, the Texas Court of Criminal Appeals denied an emergency motion to stay the execution.

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Another appeal is set to be heard soon, and Roberson’s legal team is seeking clemency from Governor Greg Abbott.

If executed, Roberson would become the first person in the U.S. to be executed based on a conviction of shaken baby syndrome, a diagnosis that has faced increasing scrutiny in recent years.