Sign up for TPR Today, Texas Public Radio's newsletter that brings our top stories to your inbox each morning.
The Autism Society of Texas and the Autism Society of America have issued an open letter urging Texas officials to stop the scheduled October 16 execution of Robert Roberson, a man with autism who was sentenced to death in 2003 for the death of his 2-year-old daughter, Nikki.
Advocates argue that new medical evidence and a greater understanding of autism show that Roberson was wrongfully convicted.
Roberson's supporters say Nikki's death was caused by illness, improperly prescribed medications, and an accidental fall—not abuse. They also argue that his undiagnosed autism contributed to how doctors, police, and jurors misinterpreted his behavior.
"He didn't appear in the way they expected a concerned father to act because of his autism, not because of a lack of emotion," said Jacquie Benestante, executive director of the Autism Society of Texas.
Tracey Staley is with the Autism Society of America.
"Throughout the investigation and the trial Robert's autism went largely unrecognized which has profound consequences. His flat affect and limited eye contact were misinterpreted as lack of remorse," she said.
At trial, witnesses described Roberson as calm, detached, or unemotional. Autism experts explain that such behavior often reflects an autistic person's way of coping with overwhelming stress, rather than indifference.
Dr. Natalie Montfort, a Houston-based autism specialist, said Roberson's case is "the most extreme example of a persistent problem, in which misperceptions about autistic people contribute to their wrongful convictions and excessive punishments."
Advocates note that people with autism are disproportionately subjected to unnecessary arrests, harsh interrogations, and excessive punishment because their responses during crises often seem unusual to police and prosecutors.
Studies and advocacy groups have long pointed to gaps in law enforcement training, which can cause officers to mistake sensory overload, withdrawal, or flat affect as signs of guilt or lack of remorse.
Roberson was convicted under the now-disputed "shaken baby syndrome" hypothesis, though later medical evidence pointed to Nikki's pneumonia, history of breathing issues, and the dangerous medications she had been prescribed.
Even the lead detective in the case has since recanted his testimony, saying he now believes Roberson is innocent.
Concerns about Roberson's case have drawn bipartisan support in Texas, international attention from autism researchers, and backing from bestselling author John Grisham, who announced his next book will focus on the case.
Advocates say allowing the execution to go forward would not only be an irreparable injustice but would also highlight systemic failures in how the justice system treats people with developmental disabilities.
Roberson's attorneys have asked the Texas Court of Criminal Appeals to stay his execution and order a new trial.
Copyright 2025 KSTX News
