The state of Texas is preparing to execute Robert Roberson on Thursday, even though compelling evidence indicates he did not murder his 2-year-old daughter, Nikki, back in 2002.

The allegation of Shaken Baby Syndrome has been widely criticized as unreliable “junk science,” and it is noteworthy that no one has ever been put to death for the alleged crime of shaking a baby. Moreover, the lead investigator now claims he misjudged the situation.

“Robert is innocent and we got it wrong because we were focused on incorrect details,” stated Brian Wharton, the former detective who led the investigation and Roberson’s apprehension, during an interview with YSL News’s The Excerpt podcast.

A bipartisan coalition of Texas lawmakers has called on the state’s Board of Pardons and Paroles to recommend clemency for Roberson, expressing serious concerns that Texas may execute someone for a crime that never occurred. The board, however, rejected the clemency request unanimously on Wednesday.

There’s still a chance for intervention from the Supreme Court or Texas Governor Greg Abbott, but time is running out, as Roberson faces execution just hours away.

Here’s what you need to know about the upcoming execution.

What was Robert Roberson convicted of?

Roberson was convicted of the murder of his 2-year-old daughter Nikki in their home located in Palestine, Texas, in 2002.

Roberson reported that he had heard Nikki cry after she fell out of bed. After comforting her, he stated they both returned to sleep. When he later woke up, he discovered that Nikki wasn’t breathing, and her lips had turned blue. Doctors at the emergency room noticed signs indicative of brain death, and she was declared dead the next day.

However, Wharton later reported that Nikki had pneumonia in both lungs, suffered from prior health conditions that had led to prescribed opioids now prohibited for children, and had undiagnosed sepsis. Wharton admitted that his initial biases and a series of misunderstandings led him to wrongly conclude that Roberson was guilty.

For example, when Roberson brought Nikki to the hospital, medical staff noted his lack of emotional response, which Wharton considered a concerning indicator at the time. However, he now recognizes this as a sign of autism-related behavior that fits Roberson’s profile.

“I was wrong. I failed to see Robert for who he truly is,” Wharton admitted. “He is a good, kind, and generous man. He did not commit the crime that the state of Texas, and I, accused him of.”

What are the prospects for halting Robert Roberson’s execution?

The U.S. Supreme Court has shown unpredictability regarding halting executions, and such stays are relatively uncommon.

Abbott’s office has not responded to multiple requests for comments from YSL News.

Several Texas Republicans have called for mercy for Roberson.

State Representative Jeff Leach expressed on X that “we’re heading toward an execution even while a broad bipartisan majority in the Texas legislature questions whether a crime actually occurred — and acknowledges that due process has not been followed.”

“We must do everything we can to prevent this from casting a long shadow over Texas justice for years to come,” he warned.

When and where is Robert Roberson scheduled for execution?

Roberson’s execution is planned for shortly after 6 p.m. CT on Thursday, October 17, at the Texas State Penitentiary in Huntsville, located just north of Houston.

If carried out, he would be the first inmate in the nation executed for allegations related to Shaken Baby Syndrome. This would mark Texas as the sixth state carrying out an execution this year, either making Roberson the 20th or 21st across the country, depending on whether he is declared deceased before or after another simultaneous execution.

What will be Robert Roberson’s final meal if he faces execution?

Roberson’s last meal will be selected from a standard menu offered to all prisoners at the facility, as condemned inmates in Texas are no longer allowed to request individualized last meals.