John Grisham joins massive push to save life of autistic Texas man set to be executed despite "no crime"

Huntsville, Texas - Lawmakers in Texas, medical experts, and best-selling novelist John Grisham are pushing to save an autistic man set to be executed for the 2002 death of his daughter in a tragedy blamed on shaken baby syndrome.

Bestselling author John Grisham (l.) joined calls to save the life of Robert Roberson, who was sentenced to death in deeply controversial circumstances.
Bestselling author John Grisham (l.) joined calls to save the life of Robert Roberson, who was sentenced to death in deeply controversial circumstances.  © Collage: LOIC VENANCE & HANDOUT / Texas Department of Criminal Justice / AFP

Robert Roberson (57) is scheduled to be executed on October 17 for the death of his two-year-old daughter Nikki in 2002.

Roberson took the girl to a hospital with severe head trauma and the child died the next day.

Lawyers for Roberson filed papers Tuesday with Texas Governor Greg Abbott and the Texas Board of Pardons and Paroles seeking clemency, or failing that, a 180-day stay of execution.

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They argued that the diagnosis of shaken baby syndrome, made at the hospital where the child died, was erroneous.

In a letter to Texas officials, 34 doctors argued that the cause of death was in fact severe pneumonia, aggravated by the little girl's being prescribed the wrong medication.

The appeal also argues that Roberson's autism, which was not officially diagnosed until 2018, was misconstrued at the time as showing indifference to the death of the toddler and that this perception weighed heavily in his conviction.

Ex-cop who led investigation into Roberts convinced in innocence

Roberson's undiagnosed autism played a crucial role in his 2022 conviction.
Roberson's undiagnosed autism played a crucial role in his 2022 conviction.  © Ilana Panich-Linsman / Innocence Project / AFP

"What's amazing about Robert's case is that there was no crime," Grisham, author of best-selling thrillers such as The Firm and A Time to Kill, told a press conference. Grisham is a former lawyer who has been active in fighting cases of wrongful conviction.

"When you get into wrongful convictions, you realize how many innocent people are in prison and how we could stop it, if we had the political gumption to do so. These cases really keep me awake at night," he said.

Roberson's attorney, Gretchen Sween, said "the state of Texas is preparing, in essence, to execute Forrest Gump." She was alluding to the gentle, mildly disabled character played by Tom Hanks in the 1994 film of the same name.

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Sween argued that during the medical crisis involving his daughter, Roberson "shut down, and his external lack of affect was judged as a lack of caring."

Former police officer Brian Wharton, who led the investigation at the time, said the diagnosis of shaken baby syndrome "led the investigation from that point forward to the exclusion of all other possibilities."

"Knowing everything that I know now, I am firmly convinced that Robert is an innocent man," said Wharton, who is now a Methodist minister and deeply regrets his role in Roberson's arrest and prosecution.

Eighty-four Texas lawmakers signed a letter in support of the request for clemency for Roberson, more than a third of them Republicans.

Cover photo: Collage: LOIC VENANCE & HANDOUT / Texas Department of Criminal Justice / AFP

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