Roberson's defence says conviction was based on faulty and now outdated scientific evidence of shaken baby syndrome (Pic: AP/Criminal Justice Reform Caucus, file)
A man from Texas could become the first ever in the US to be executed for a murder conviction about the diagnosis of shaken baby syndrome – also known as abusive head trauma. Fifty-seven-year-old Robert Roberson would be receiving a lethal injection later this week for the 2002 killing of his two-year-old daughter, Nikki Curtis.
According to news reports, Roberson has been proclaiming his innocence. At the same time, his lawyers, Texas lawmakers, and medical experts do not deny that head and other injuries from child abuse are real. But the argument the defence gives is that the conviction was based on faulty and now outdated scientific evidence. They say the new evidence has shown Curtis died from complications related to severe pneumonia.
But prosecutors maintain Roberson’s new evidence does not disprove their case that Curtis died from injuries inflicted by her father. Roberson's scheduled execution has renewed debate over shaken baby syndrome - which is a leading cause of fatal head injuries in children younger than two years of age.
What is shaken baby syndrome?
In medical terms, shaken baby syndrome is severe child abuse which happens when a person holding the baby violently shakes them. According to experts, the condition causes cause swelling, bruising, and bleeding in a baby’s brain, and can cause brain damage, lifelong disabilities, and even death. It usually happens when a caregiver becomes frustrated when a baby does not stop crying.
Since infants’ heads are very large and heavy in proportion to the rest of their bodies, when they are shaken - their brain bounces back and forth against the sides of their skulls, leading to bleeding in their brains or behind their eyes.
According to doctors, shaken baby syndrome can even occur from as little as five seconds of shaking. The resulting injuries lead to brain damage, permanent disabilities, and death. There are about 1,300 reported cases of shaken baby syndrome/abusive head trauma in the US each year, according to the National Center on Shaken Baby Syndrome.
Critics allege doctors have been focused on concluding child abuse due to shaken baby syndrome whenever there are many symptoms like bleeding around the brain, brain swelling, and bleeding in the eyes. Critics also say doctors do not usually consider that things like shortfalls with head impact and naturally occurring illnesses like pneumonia, could mimic an inflicted head injury.
Signs and symptoms
If a baby is in trauma, you may notice the following symptoms:
- Not smiling
- Extremely irritable
- Vomiting
- Breathlessness
- Lethargy
- Pale- or blue-colored skin
- A bulging soft spot on the top of their head
- Inability to lift their head
- Dilated pupils
- Tremors
- Coma
What do the US courts say about shaken baby syndrome?
In recent years, courts across the country have overturned convictions or dropped charges centered on shaken baby syndrome, including in California, Ohio, Massachusetts, and Michigan. Most are centered around new trials after finding scientific advancements related to the diagnosis.
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