Today, the Texas Court of Criminal Appeals (CCA) granted a new trial for Texas habeas applicant Andrew Roark on the grounds that his 2000 conviction in a Shaken Baby/Shaken Impact (SBS) case should be vacated as a result of it was based mostly on scientific understanding that has since advanced. The Court additionally discovered that the “admissible scientific testimony” in a new trial at the moment “would likely yield an acquittal.”
In response, Gretchen Sims Sween, Ph.D., J.D., Mr. Roberson’s lawyer, made the next assertion:
“Today one thing outstanding occurred: the Texas Court of Criminal Appeals has correctly held that the Shaken Baby speculation used to convict a Dallas man named Andrew Roark has not withstood scrutiny as science has advanced. Therefore, he deserves a new trial. This similar Shaken Baby speculation—together with nearly an identical testimony from the exact same baby abuse specialist—was used to convict Robert Roberson in 2003 in Anderson County, Texas. Because there isn't any significant distinction between Mr. Roark’s and Mr. Roberson’s instances by way of the State’s cause-of-injury idea, and since Mr. Roberson has since adduced overwhelming proof of the pure and unintentional causes for the tragic demise of his very ailing daughter, he too ought to, fairly logically, be awarded a new trial.
“The similar prosecution professional testified in each trials making many an identical pronouncements about how shaking had to be the principal rationalization for the kid’s mind situation, when science has since demonstrated that many issues, together with pure illness development and unintentional quick falls with head influence, could cause the identical situations. The flaws within the professional testimony are almost an identical.
“We hope the CCA will see the strong parallels between these two SBS cases that we have highlighted in an emergency motion to stay Mr. Roberson’s October 17 execution date, which was filed before the decision in Mr. Roark’s case was announced. We are hopeful that consistent application of Texas’s trailblazing “changed science law” (Article 11.073) will imply that Mr. Roberson’s execution can be stopped, and he too can be awarded a new trial.”
— Gretchen Sims Sween, Ph.D., J.D., lawyer for Robert Roberson
— October 9, 2024
The Texas Court of Criminal Appeals’ decision in Ex Parte Andrew Wayne Roark may be considered here.
Robert Roberson’s Emergency Motion for Stay of Execution Based on New Grounds may be considered right here: https://tinyurl.com/yc76dduh
