What occurs when a man on death row is supported by the very lead investigator of his case claiming he was wrongly accused and pleading for intervention from the courts and the governor to save his life?

So far in Texas, the answer is nothing.

Robert Leslie Roberson is still scheduled to be executed by lethal injection this Thursday, despite strong evidence that suggests he was wrongly found guilty of murdering his 2-year-old daughter Nikki back in 2002. Initially, investigators were convinced of shaken baby syndrome; however, it has since emerged that little Nikki was suffering from pneumonia in both lungs, had previous health issues treated with now-banned opioids for children, and was afflicted with undiagnosed sepsis.

According to Brian Wharton, the former police detective who directed the investigation leading to Roberson’s arrest, he is now convinced of Roberson’s innocence. Wharton, who has since become an ordained minister in the United Methodist Church, spoke candidly on YSL News’s podcast, The Excerpt, about the mistakes made in the case and highlighted the necessary actions Texas should undertake.

“I was wrong. I didn’t see Robert. I didn’t recognize him,” said Wharton. “I can assure you now, he is a good, kind, and gracious man. He did not commit the crime that the state of Texas accused him of.”

What led police to make such a significant error?

Wharton elaborated that misunderstandings and a confirmation bias clouded his judgment, leading him to believe that Roberson was responsible for his daughter’s death.

For instance, when Roberson brought Nikki to the hospital, observers noted his apparent lack of emotion, which Wharton misinterpreted as a warning sign but later understood to be behavior typical in individuals with autism, a condition Roberson has.

Wharton recounted the intense emotional atmosphere in the hospital as medical staff desperately tried to save Nikki’s life.

“In that environment, as everyone worked on saving a 2-year-old girl’s life, the prevalent thought quickly became, ‘Someone must have done this to her. How did this happen?’ It led to the immediate assumption of abuse, ultimately zeroing in on shaken baby syndrome without a thorough examination of all the facts,” Wharton explained.

As a result, investigators overlooked Wharton’s information regarding Nikki’s other medical conditions and her fall from the bed that evening.

Wharton emphasized, “Robert is entirely innocent, and we made a grave mistake by focusing on the wrong aspects of the case.”

Calls to halt Robert Roberson’s execution

A growing number of voices are urging to stop Roberson’s execution, including supporters of the death penalty.

Recently, a bipartisan coalition of 84 Texas lawmakers appealed to the state’s Board of Pardons and Paroles for clemency, expressing serious concern that Texas might proceed to execute him for a crime that never occurred.

“It should alarm all Texans that we are moving toward an execution despite this new evidence,” wrote the legislators. “Other states regard Texas as an example in ensuring the rule of law and addressing wrongful convictions. We now ask you to help our state maintain that reputation by stopping this execution.”

Moreover, 34 medical and scientific experts communicated with the board, stating that if Nikki were to die today, “no doctor would diagnose her death as Shaken Baby Syndrome,” as it is now recognized as a diagnosis of exclusion.

“The pneumonia, high levels of harmful medications found during her autopsy, and her fall from the bed are sufficient explanations for Nikki’s death,” the experts asserted.

Various advocates, including groups supporting parental rights, autism awareness, faith leaders, anti-death penalty organizations like the Innocence Project, and even author John Grisham are also rallying to save Roberson.

“Nikki’s passing was a tragedy, not a crime,” Grisham wrote in a piece for the Palestine Herald-Press. “Robert Roberson may have few options left unless Texas officials acknowledge the wrongfulness of his conviction and death sentence, change their stance, and allow him a chance for a new trial.”

What must happen to halt Robert Roberson’s execution?

The Texas Board of Pardons and Paroles is currently considering whether to suggest clemency for Roberson, and Republican Governor Greg Abbott may also take action.

Abbott has described the death penalty as “Texas justice” and has overseen 76 executions since he took office in 2015. He only granted clemency in one case, that of Thomas Whitaker, who had his sentence commuted to life in prison in early 2018—just moments before his execution for orchestrating the fatal shootings of his mother and brother. The parole board had unanimously supported clemency in that instance.

Abbott’s office did not respond to YSL News’s inquiry for comments.

Additionally, the U.S. Supreme Court has the authority to stop Roberson’s execution. However, a significant chance for his reprieve lies with the Texas House Committee on Criminal Jurisprudence. This bipartisan group of lawmakers quickly arranged a hearing for Wednesday to discuss the possibility of applying a state law that forbids the death penalty in cases reliant on questionable scientific evidence, as reported by the Austin-American Statesman, part of the YSL News Network.

State Representative Jeff Leach, a Republican, posted on social media on Friday stating, “We must do everything possible to slow down this process before it tarnishes Texas justice for generations.”

What if Robert Roberson’s execution proceeds

If Roberson’s execution goes ahead, he would be the first individual executed in relation to Shaken Baby Syndrome, which many in the scientific community regard as unreliable science.

At 57 years old, Roberson would also be the sixth inmate executed in Texas this year, making Texas the leading state in the country for executions. The state has put to death 590 individuals, more than any other state, with Oklahoma following behind at 126.

Additionally, Roberson would become the 20th person executed in the United States in 2024. Eight more executions are scheduled, with the potential for additional ones before the year’s end.

Roberson’s execution is planned for the same date and at the same time as that of Alabama inmate Derrick Dearman, who has confessed to killing five people, including a pregnant woman, with an axe and a gun as part of an attack driven by his anger towards his girlfriend in 2016.