The case of a soon to be executed Texas inmate shows how in 2002 “shaken” baby injuries were taken as a given by both prosecutors and defense attorneys. Even after Robert Roberson’s conviction in 2002, his appellate counsel didn’t take exception to the fact that Roberson murdered his 2 year-old child. They argued mitigation of guilt based on Roberson’s diminished mental capacity and ineffective assistance of counsel from a “conflict.” The forensic testimony remained untouched. The effect of forensic testimony ruled the courtrooms and chambers of justice.
That’s changed at this late phase as last minute motions have created a stay to the execution.
Its all about the SBS “triad” of symptoms that have been popularized for decades without consideration of false positives, tunnel vision and over-reaching conclusions.
“Backed by affidavits from medical and other scientific experts who reviewed the case, Roberson’s team argued in the stay request that Nikki did not have a broken neck, an injury often tied to Shaken Baby Syndrome.”
“Experts, his defense counsel and the district attorney’s office did not take seriously Roberson’s claim that Nikki fell,……….”