Saturday, July 19, 2025

Robert Roberson Death Row: October 16, 2025: Part One: A judge set this new infamous execution date in the debunked shaken baby syndrome case of a man described by the Death Penalty Information Center (Communications Associate Hayley Bedard) as having "a strong innocence claim."…"Mr. Roberson was con­vict­ed and sen­tenced to death in 2003 for the death of his daugh­ter Nikki, who med­ical experts have since deter­mined died from severe viral and bac­te­r­i­al pneu­mo­nia that doc­tors failed to diag­nose, not from abuse or “Shaken Baby Syndrome” (SBS) as tri­al prosecutors alleged. According to the National Registry of Exonerations, at least 41 par­ents and care­givers across 21 states and the mil­i­tary have been exon­er­at­ed since 1992 after being wrong­ful­ly con­vict­ed based on the “Shaken Baby” hypoth­e­sis. If Mr. Roberson’s exe­cu­tion date goes for­ward, he would be the first per­son exe­cut­ed based on a “Shaken Baby” conviction."


INNOCENCE PROJECT PETITION: JUSTICE FOR ROBERT ROBERSON: 

STOP THE OCT,  16  EXECUTION OF ROBERT ROBERSON: 

https://innocenceproject.org/petitions/justice-for-robert-roberson/

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PASSAGE OF THE DAY: "In February 2025, coun­sel for Mr. Roberson filed a suc­ces­sive habeas appli­ca­tion with the TCCA, argu­ing that relief is required because new expert opin­ions and sci­en­tif­ic advance­ments have emerged since October 2024, when the TCCA acknowl­edged in a sim­i­lar case that the sci­en­tif­ic foun­da­tion for “Shaken Baby Syndrome” (SBS) con­vic­tions lack reli­a­bil­i­ty. Filings indi­cate this new evi­dence serves two-fold: ratio­nal jurors would not find Mr. Roberson guilty of cap­i­tal mur­der today, and his con­vic­tion was mate­ri­al­ly influ­enced by sci­en­tif­ic and med­ical evi­dence now con­sid­ered out­dat­ed and unre­li­able. Counsel point­ed to the TCCA’s deci­sion in Ex Parte Roark, where the court over­turned a mur­der con­vic­tion based on the SBS tes­ti­mo­ny of the same expert who tes­ti­fied against Mr. Roberson."

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POST: "District Judge Sets “Unfortunate” New Execution Date for Texas Prisoner Robert Roberson, Despite Pending Petition in Support of His Innocence Claim," by Communications Associate  Hayley Bedard, published by The Death Penalty  Information Center, on July 18, 2025.

GIST: On July 16, 2025, Smith County District Judge Austin Reeve Jackson set an exe­cu­tion date of October 16, 2025 for Robert Roberson, a man with a strong inno­cence claim who has a habeas cor­pus peti­tion pend­ing at the Texas Court of Criminal Appeals (TCCA). 

Judge Jackson, after hear­ing argu­ments from both defense coun­sel for Mr. Roberson and attor­neys from Texas Attorney General Ken Paxton’s office, ruled that there was no legal basis for not sign­ing an exe­cu­tion order. “It doesn’t seem like any­thing is going to get resolved with­out a date,” said Judge Jackson, who called this deci­sion “unfor­tu­nate.”

 Counsel for Mr. Roberson object­ed to AG Paxton’s “unusu­al” request to set an exe­cu­tion date, not­ing the court should not set a date as long as Mr. Roberson’s appeal remains pend­ing in front of the TCCA. Judge Jackson not­ed the motion has remained pend­ing in front of the TCCA for more than five months. 

In June 2025, AG Paxton filed a motion in the Anderson County District Court request­ing a new exe­cu­tion date for Mr. Roberson. 


AG Paxton has active­ly sought Mr. Roberson’s exe­cu­tion and has pub­licly dis­put­ed his claims of inno­cence; his office recent­ly took over Mr. Roberson’s case from Anderson County District Attorney Allyson Mitchell but has not pub­licly stat­ed the rea­son for doing so.


Mr. Roberson was ini­tial­ly sched­uled to be exe­cut­ed in October 2024; how­ev­er, the Texas Supreme Court ulti­mate­ly stayed the exe­cu­tion after state law­mak­ers sub­poe­naed Mr. Roberson to tes­ti­fy on a date after his sched­uled exe­cu­tion. 


Just a week after the Court stayed Mr. Roberson’s exe­cu­tion, AG Paxton’s office issued a press state­ment, the orig­i­nal autop­sy report, and oth­er records to “set the record straight” and “cor­rect false­hoods” that he accused state law­mak­ers of mak­ing about Mr. Roberson.


 In response to the claims from AG Paxton, a bipar­ti­san group of leg­is­la­tors released their own report and char­ac­ter­ized the AG’s report as “mis­lead­ing and in large part sim­ply untrue.”


 Mr. Roberson was not able to tes­ti­fy in front of law­mak­ers, as the Office of the Attorney General inter­vened to pre­vent the Texas Department of Criminal Justice’s com­pli­ance with the subpoena. 


“Texans should be out­raged that the court has sched­uled an exe­cu­tion date for a demon­stra­bly inno­cent man. Everyone who has tak­en the time to look at the evi­dence of Robert Roberson’s inno­cence — includ­ing the lead detec­tive, one of the jurors, a range of high­ly qual­i­fied experts, and a bipar­ti­san group of Texas law­mak­ers — had reached the same con­clu­sion: Nikki’s death was a ter­ri­ble tragedy. Robert did not kill her. There was no crime.”


GRETCHEN SWEEN, ATTOR­NEY FOR ROBERT ROBERSON. 


In February 2025, coun­sel for Mr. Roberson filed a suc­ces­sive habeas appli­ca­tion with the TCCA, argu­ing that relief is required because new expert opin­ions and sci­en­tif­ic advance­ments have emerged since October 2024, when the TCCA acknowl­edged in a sim­i­lar case that the sci­en­tif­ic foun­da­tion for “Shaken Baby Syndrome” (SBS) con­vic­tions lack reli­a­bil­i­ty. Filings indi­cate this new evi­dence serves two-fold: ratio­nal jurors would not find Mr. Roberson guilty of cap­i­tal mur­der today, and his con­vic­tion was mate­ri­al­ly influ­enced by sci­en­tif­ic and med­ical evi­dence now con­sid­ered out­dat­ed and unre­li­able. Counsel point­ed to the TCCA’s deci­sion in Ex Parte Roark, where the court over­turned a mur­der con­vic­tion based on the SBS tes­ti­mo­ny of the same expert who tes­ti­fied against Mr. Roberson. 

Mr. Roberson was con­vict­ed and sen­tenced to death in 2003 for the death of his daugh­ter Nikki, who med­ical experts have since deter­mined died from severe viral and bac­te­r­i­al pneu­mo­nia that doc­tors failed to diag­nose, not from abuse or “Shaken Baby Syndrome” (SBS) as tri­al prosecutors alleged. 

According to the National Registry of Exonerations, at least 41 par­ents and care­givers across 21 states and the mil­i­tary have been exon­er­at­ed since 1992 after being wrong­ful­ly con­vict­ed based on the “Shaken Baby” hypoth­e­sis. If Mr. Roberson’s exe­cu­tion date goes for­ward, he would be the first per­son exe­cut­ed based on a “Shaken Baby” conviction."


The entire post can be read at:

https://deathpenaltyinfo.org/district-judge-sets-unfortunate-new-execution-date-for-texas-prisoner-robert-roberson-despite-pending-petition-in-support-of-his-innocence-claim

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;


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Thursday, July 17, 2025

Child abuse practitioners: Sue Luttner, whose excellent, informative Blog is called 'On Shaken Baby' points us to stories in which these controversial practitioners have been in the headlines this season, noting that: "A couple of decades ago, after years tracking the footnotes through the medical literature, I concluded that shaken baby theory hit the courtroom before its scientific underpinnings were established, and then the pressures of litigation encouraged child-abuse experts to adopt and defend an early, flawed model of a complex physiological condition. The resulting convictions have calcified unproven core beliefs about both mechanism and timing. Parents of children with rare and misunderstood illnesses and injuries are still paying the price."


Dear Reader: Check for reports on yesterday's hearing in the Robert Roberson case on CBS19. 


https://www.cbs19news.com/


My posting on developments in the case will follow shortly: 


Harold Levy: Publisher: The Charles smith Blog: 


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PASSAGE OF THE DAY: "Investigative journalist Pamela Colloff, in a first-rate article last winter in the New York Times (“He Dialed 911 to Save His Baby. Then His Children Were Taken Away“) weaves one family’s compelling story into an examination of the tensions between the physicians who diagnose abuse and the physicians who question the reliability of a Shaken Baby Syndrome diagnosis (now known as Abusive Head Trauma). Colloff also published a fabulous treatment of the Russell Maze case last year: He was sent to prison for killing his baby. What If He Didn’t Do It?


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POST: "Accusers  are playing defense,"  by Sue Luttner, published on her excellent, informative Blog 'On SBS' on July 9, 2025. 

GIST: Child abuse pediatricians have been in the headlines this season, at least in forums that still support investigative journalism.

Jessica Lussenhop at ProPublica, for example, has published a potent 2-part series about suspected shenanigans in Minnesota:

And in Florida, the First Coast News has been following the story of a controversial child abuse pediatrician who has now resigned, after leaving jobs in both Wisconsin and Alaska amid complaints like those raised in Florda:

These stories remind me of the parent activists in Leheigh Valley, Pennsylvania, who started organizing in 2023 against their local child abuse expert, ultimately forcing her resignation. My own posting about a report from their county assessor on the costs of misdiagnosis covers some of the group’s first public actions. The headlines from ABC Action News tell the larger tale:

Tying It All Together

Investigative journalist Pamela Colloff, in a first-rate article last winter in the New York Times (“He Dialed 911 to Save His Baby. Then His Children Were Taken Away“) weaves one family’s compelling story into an examination of the tensions between the physicians who diagnose abuse and the physicians who question the reliability of a Shaken Baby Syndrome diagnosis (now known as Abusive Head Trauma).

Colloff also published a fabulous treatment of the Russell Maze case last year: “He was sent to prison for killing his baby. What If He Didn’t Do It?

A couple of decades ago, after years tracking the footnotes through the medical literature, I concluded that shaken baby theory hit the courtroom before its scientific underpinnings were established, and then the pressures of litigation encouraged child-abuse experts to adopt and defend an early, flawed model of a complex physiological condition. The resulting convictions have calcified unproven core beliefs about both mechanism and timing. Parents of children with rare and misunderstood illnesses and injuries are still paying the price.


The entire story can be read at:

https://onsbs.com/posts/



PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


———————————————————————————————

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


—————————————————————————————————


FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;


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Wednesday, July 16, 2025

Phong Tran: Oakland, California: He allegedly paid off an anonymous tipster to finger some poor soul; He allegedly coerced a teenager to finger another poor soul; And he may have impacted as many as 200 cases! It's about a story about a beleaguered detective versus the former District Attorney whose campaign to expose and prosecute the misdeeds of police officers is ostensibly over which really belongs in our 'Nothing good can come out of this' department)…'The Detective, arrested two years ago on bribery and perjury charges under former District Attorney Pamela Price continues to face the music for his alleged misdeeds - and multiple cases linked to him have ended in dismissal or lenient plea deals,' SF News (Reporter Jay Barmann) reports, noting that: "In one case last October, a 34-year-old Sacramento man, Donte Neal, was able to cut a deal for an 11-year sentence in the 2021 killing of Byron Robinson, the ex-boyfriend of his wife, after it was discovered that Tran may have paid off an anonymous tipster to finger Neal two days after the crime. The East Bay Times finds, via a June court filing, that the 2016 conviction of 49-year-old Steven Buggs for the September 2012 killing of Lester Young in East Oakland may be imperiled because of evidence that Tran may have coerced a teenager into fingering Buggs for the crime, during an unrecorded interview, and then later testifying against him. Price charged Tran with multiple counts of perjury under oath and bribing of witnesses, and issued a warrant for his arrest in April 2025." ———————————————————————————



PASSAGE OF THE DAY:  


PASSAGE ONE  OF THE DAY: "Tran continues to deny the allegations, and his attorney issued a statement to the East Bay TImes casting aspersions on Price. "It is all predictable and by design; part of a playbook used by (Price) with the ultimate goal of tearing down anything related to criminal consequences," said Tran's attorney Andrew Ganz. Ganz added that any other imperiled convictions related to Tran's casework "[say] nothing about the validity of the charges against Detective Tran." And he said both Tran and the community at large are "casualties of a war waged against them by the former DA that is fortunately over.”


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PASSAGE TWO OF THE DAY: "The California Attorney General’s Office conducted its own investigation into the conviction of Marcel Prince for a 2021 murder, and concluded that Alameda County prosecutors knew about the misconduct allegations against Tran and "suppressed" them in order to achieve more convictions. But, they said, the tainted evidence was not vital to that particular case. Tran is expected back in court on July 17, and a trial date is expected to be set at that hearing. It's been estimated that as many as 200 cases that were touched by Tran could be impacted."


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STORY: "Murder convictions imperiled as scrutiny of Oakland homicide detective grows," by Reporter Jay Barmann. published by SFist News, on July 7, 2025.


SUB-HEADING: "Phong Tran, continues to be in the spotlight and is likely still headed to trial. As the East Bay Times reports, cases continue to pile up in which the credibility of evidence and witness statements obtained by Tran is being questioned, leading to more dismissals and plea deals in serious cases."


GIST:  "An Oakland Police detective who was arrested two years ago on bribery and perjury charges under former District Attorney Pamela Price continues to face the music for his alleged misdeeds. And multiple cases linked to him have ended in dismissal or lenient plea deals.


Pamela Price may no longer be the DA in Alameda County, and her campaign to expose and prosecute the misdeeds of police officers is ostensibly over. 


But one of those she accused of improperly coercing and bribing witnesses to get murder convictions, Phong Tran, continues to be in the spotlight and is likely still headed to trial. 


As the East Bay Times reports, cases continue to pile up in which the credibility of evidence and witness statements obtained by Tran is being questioned, leading to more dismissals and plea deals in serious cases.


In one case last October, a 34-year-old Sacramento man, Donte Neal, was able to cut a deal for an 11-year sentence in the 2021 killing of Byron Robinson, the ex-boyfriend of his wife, after it was discovered that Tran may have paid off an anonymous tipster to finger Neal two days after the crime.

The East Bay Times finds, via a June court filing, that the 2016 conviction of 49-year-old Steven Buggs for the September 2012 killing of Lester Young in East Oakland may be imperiled because of evidence that Tran may have coerced a teenager into fingering Buggs for the crime, during an unrecorded interview, and then later testifying against him.

Price charged Tran with multiple counts of perjury under oath and bribing of witnesses, and issued a warrant for his arrest in April 2025.

Tran continues to deny the allegations, and his attorney issued a statement to the East Bay TImes casting aspersions on Price. "It is all predictable and by design; part of a playbook used by (Price) with the ultimate goal of tearing down anything related to criminal consequences," said Tran's attorney Andrew Ganz. Ganz added that any other imperiled convictions related to Tran's casework "[say] nothing about the validity of the charges against Detective Tran." And he said both Tran and the community at large are "casualties of a war waged against them by the former DA that is fortunately over.”

Still, while newly installed District Attorney Ursula Jones Dickson may be trying to undo some of her predecessor's work, it does not appear that Tran will be let off the hook anytime soon.

The California Attorney General’s Office conducted its own investigation into the conviction of Marcel Prince for a 2021 murder, and concluded that Alameda County prosecutors knew about the misconduct allegations against Tran and "suppressed" them in order to achieve more convictions. But, they said, the tainted evidence was not vital to that particular case.

Tran is expected back in court on July 17, and a trial date is expected to be set at that hearing.

It's been estimated that as many as 200 cases that were touched by Tran could be impacted."

The entire story can be read at: 

https://sfist.com/2025/07/07/oakland-police-detective-accused-of-bribing-and-coercing-witnesses/

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


———————————————————————————————

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


—————————————————————————————————


FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;


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