Update 11/18: While Roberson’s execution was delayed due to intervention by Texan lawmakers asking Roberson to testify at a date after his scheduled execution, the Texas Supreme Court ruled against those lawmakers on Friday, November 15th, allowing the execution to proceed. Currently there is no date set for Roberson’s execution and ASAN continues to call on the Governor of Texas to grant clemency for Robert Roberson.
ASAN condemns the planned execution of Robert Roberson, an autistic man. The State of Texas plans to execute him on October 17, 2024, despite mounting evidence that he committed no crime. ASAN calls on the Governor of Texas to grant clemency to Mr. Roberson, since it appears unlikely that he committed a crime.
Mr. Roberson fell under suspicion for his two-year-old daughter, Nikki’s death because he did not display emotions in the way her medical team expected when he brought her to the hospital unconscious. Many autistic people do not show emotions in the way that non-autistic people expect. We may have a “flat affect” even — or especially — when we are experiencing great tragedy and stress. Mr. Roberson has explained that his daughter had suffered a short fall from a bed to the floor — the kind of accident young children may have even when caregivers try hard to supervise them. Additionally, Nikki’s medications may have made her particularly vulnerable at the time to falling. Her doctors did not recognize that she had pneumonia and put her on medication that can suppress breathing. She could have fallen due to passing out. However, because Mr. Roberson did not perform bereavement typically, the doctors who treated Nikki decided his behavior was suspicious and contacted the police. Prosecutors accused Mr. Roberson of her murder using what was known as “shaken baby syndrome,” now called “abusive head trauma.” But medical experts who have looked at the case do not believe she died from any head trauma, inflicted or otherwise. She died from undiagnosed pneumonia. But her father was convicted and sentenced to death, though he has always maintained his innocence.
At the time of his conviction, many scientists thought that a certain set of internal head conditions “proved” that violent shaking had occurred. In recent years, scientific advances have discredited that idea. Experts who have examined the case more recently have said that Mr. Roberson’s story of an accidental fall is consistent with the minor bump on Nikki’s head, but her death was caused by illness. If Mr. Roberson was on trial for his daughter’s death today, the State of Texas would have difficulty indicting him, let alone obtaining a conviction. Because there is substantial doubt that there was a murder, Governor Abbott should prevent the injustice of Mr. Roberson’s execution.
Mr. Roberson is at risk of execution not just because of bad science but also due to others’ reaction to his disability. Responses to grief vary. They can be particularly unconventional in people with intellectual and developmental disabilities. Many autistic people sincerely feel the loss of a loved one but do not display it in the same way as their neurotypical peers. There is no correct way to mourn. Processing emotions unusually is not evidence of criminal acts or violent proclivities.
There is a real possibility that Mr. Roberson’s community, in seeking to explain the tragedy of a child’s death, blamed an innocent man because he was different. The pattern of slandering people with disabilities as violent and then supporting that assertion by linking bad events — often spuriously — to disability, is all too familiar to our community. American society’s rush to blame disability and disabled people when something goes horribly wrong must stop. It leads to the over-criminalization of people with disabilities and has real consequences for our safety and freedom. Mr. Roberson’s case also demonstrates the way the criminal legal system disproportionately burdens people who are poor, a group that overlaps significantly with the disability community. While Mr. Roberson is white, racism compounds the issue for disabled people of color, who are too often presumed dangerous and treated accordingly.
Texas should not let this cycle of oppression play out again. By exercising his clemency power, Governor Abbott would send a strong signal that both the letter and spirit of some of the most important constitutional protections are alive in Texas, even for people who are often unfairly treated with suspicion and fear.
No one should be convicted of a crime on the basis of scapegoating, stereotypes, and false assumptions.
The Autistic Self Advocacy Network seeks to advance the principles of the disability rights movement with regard to autism. ASAN believes that the goal of autism advocacy should be a world in which autistic people enjoy equal access, rights, and opportunities. We work to empower autistic people across the world to take control of our own lives and the future of our common community, and seek to organize the autistic community to ensure our voices are heard in the national conversation about us. Nothing About Us, Without Us!