What to learn about shaken child syndrome as a Texas man may very well be first in US executed over it

HOUSTON (AP) — A Texas man this week may grow to be the primary individual executed within the U.S. from a homicide conviction tied to the prognosis of shaken child syndrome.

Robert Roberson, 57, is scheduled to obtain a deadly injection on Thursday for the 2002 killing of his 2-year-old daughter, Nikki Curtis. Roberson has lengthy proclaimed his innocence. His attorneys in addition to a bipartisan group of Texas lawmakers, medical specialists and others have argued his conviction was primarily based on defective scientific proof and say new proof has proven Curtis died from problems associated to extreme pneumonia.

However prosecutors keep Roberson’s new proof doesn’t disprove their case that Curtis died from accidents inflicted by her father.

Roberson’s scheduled execution renewed debate over shaken child syndrome. On one aspect of the controversy are attorneys and a few within the medical and scientific communities who argue the shaken child prognosis is flawed and has led to wrongful convictions. On the opposite aspect are prosecutors and medical societies from the U.S. and around the globe who say the prognosis is legitimate, has been scientifically confirmed and is the main reason behind deadly head accidents in youngsters youthful than 2 years of age.

Right here’s what to know concerning the extremely scrutinized prognosis forward of Robertson’s scheduled execution:

What’s shaken child syndrome?

The prognosis refers to a critical mind damage brought about when a baby’s head is injured via shaking or another violent affect, like being slammed in opposition to a wall or thrown on the ground, normally by an grownup caregiver, stated Dr. Suzanne Haney, a baby abuse pediatrician and member of the American Academy of Pediatrics Council on Youngster Abuse and Neglect.

The time period was modified in 2009 to abusive head trauma, a extra inclusive prognosis, Haney stated.

There are about 1,300 reported instances of shaken child syndrome/abusive head trauma within the U.S. annually, in accordance with the Nationwide Heart on Shaken Child Syndrome.

What’s the debate over shaken child syndrome?

Critics allege docs have been centered on concluding youngster abuse resulting from shaken child syndrome at any time when a triad of signs — bleeding across the mind, mind swelling and bleeding within the eyes — was discovered. Critics say docs haven’t thought-about that issues like quick falls with head affect and naturally occurring diseases like pneumonia, may mimic an inflicted head damage.

“The shaken child syndrome/abusive head trauma speculation that was used in opposition to Mr. Roberson shouldn’t be science, plain and easy,” stated Kate Judson, govt director of the Heart for Integrity in Forensic Sciences, a Wisconsin-based nonprofit that seeks to enhance the reliability of forensic science proof.

Whereas Haney declined to touch upon Roberson’s case, she stated there isn’t any disagreement within a vast majority of the medical community concerning the validity and science behind the prognosis.

Haney stated docs aren’t simply centered on a triad of signs to find out youngster abuse, however as a substitute have a look at all attainable issues, together with any diseases, that would have brought about the accidents.

“I fear the pushback in opposition to abusive head trauma as a prognosis goes to intrude with the prevention efforts which can be on the market and due to this fact enable extra youngsters to get harmed,” Haney stated.

What are the issues Roberson’s supporters are elevating?

Roberson’s attorneys say he was wrongly arrested and later convicted after taking his daughter to a hospital. She had fallen away from bed of their house within the East Texas metropolis of Palestine after being critically in poor health for per week.

New proof gathered since his 2003 trial reveals his daughter died from undiagnosed pneumonia that progressed to sepsis and was probably accelerated by medicines that ought to not have been prescribed to her and made it tougher for her to breathe, stated Gretchen Sween, Roberson’s lawyer.

The Anderson County District Lawyer’s Workplace, which prosecuted Roberson, has stated in courtroom paperwork that after a 2022 listening to to think about the brand new proof, a choose rejected the theories that pneumonia and different ailments brought about Curtis’ loss of life.

What have courts stated about shaken child syndrome?

Lately, courts across the nation have overturned convictions or dropped costs centered on shaken child syndrome, together with in California, Ohio, Massachusetts and Michigan.

In a ruling final week in a distinct shaken child syndrome case out of Dallas County, the Texas Courtroom of Felony Appeals ordered a brand new trial after discovering scientific developments associated to the prognosis would now probably end in an acquittal in that case.

However the appeals courtroom has repeatedly denied Roberson’s request to remain his execution, most lately on Friday.

Within the U.S., at the least eight people have been sentenced to loss of life due to shaken child syndrome, stated Robin Maher, govt director of the Demise Penalty Data Heart. Two of those eight have been exonerated and Roberson is the one one to have acquired execution dates.

“In accordance with the Nationwide Registry of Exonerations, at the least 30 folks throughout the nation have been exonerated primarily based on this discredited scientific principle,” Maher stated.

However Danielle Vazquez, govt director of the Utah-based Nationwide Heart on Shaken Child Syndrome, stated a 2021 research article discovered that 97% of greater than 1,400 convictions associated to shaken child syndrome/abusive head trauma from 2008 to 2018 have been upheld and that such convictions have been not often overturned on the grounds of medical proof.

“Take away all these totally different instances and … there are nonetheless brand-new dad and mom which can be extraordinarily drained, will be extraordinarily pissed off with a crying child and may not act appropriately when caring for that youngster. And in order that’s our massive concern, that false impression that shaking a child is OK,” Vazquez stated.

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Observe Juan A. Lozano: https://twitter.com/juanlozano70