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Wednesday, November 06, 2024

#2 The Disaster of Dr. Phil: The Robert Roberson Case

#2 The Disaster of Dr. Phil: The Robert Roberson Case

NOTE: As of Nov 6, 2024, I now know that some of the witnesses and some of the Committee members are establishing a fraud, knowingly or willfully ignorantly, unless they have some other explanation.

Read this:

#3 Robert Roberson - Amici Curiae Contradicting entire House Committee on Criminal Jurisprudence


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On Monday, November 4, 2024 at 11:49:53 AM CST, Dudley Sharp <sharpjfa@aol.com> wrote:

To: Texas House Committee on Criminal Jurisprudence,
 please forward to Dr. Phil and all other witnesses
and sent to many others, within media and government

Subject: # 2 Dr. Phil's Testimony: Texas Criminal Jurisprudence Committee, Roberson Case

Re: Video of Hearing, 10/21/2024, 12 pm
Texas House Committee on Criminal Jurisprudence
The Death Row Case of Robert Roberson

From: Dudley Sharp, independent researcher, death penalty expert, 832-439-2113, CV at bottom

Note: The additional comments, by the other witnesses and the Committee, cover similar grounds, so I may not comment on them, with the exception of the witness/juror, who I have, previously, rebutted.

Statement

It appears that no member of the Committee has read the trial transcript, meaning they don't know what they don't know. How did that happen?

Preface

1)  If everything was true, accurate, complete and thorough, in the hearing, of course Robert Roberson (RR) should get a hearing on new evidence. But . . . 

2)  There is no reason to believe that everything was true, accurate, complete and thorough.

Dr. Phil (Phil) spoke about how thorough he was with his CSI company, just as some of the Committee members thanked him for his thorough testimony.

What I found with Phil's testimony, is that he is thorough when he wants to be and very often, not, as detailed:

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3) Dr. Phil stated that he was testifying neutrally on the Roberson case and that he reviewed the case documents: "I have reviewed the transcripts and supporting documents".

Response:  Phil also stated: "Somebody does all the work and I get all the credit", referring to his team, Stephanie Grenadier and her team at Merit TV and the Innocence Project and all of their people (Phil's "Team").

4) In other words, without confirming neutrality, the Team could have done all the work and produced all the talking points for Phil, without him fact checking nor vetting any of it  . . . 

producing:

5) Phil stated that he counted, 47 times, the term shaken baby syndrome (SBS) or the triad of symptoms, within the trial transcript.

Response: Did "he" or was it his Team? One wonders, if neutral, why Phil didn't testify how many times the term blunt force or blunt force trauma or injuries which can be attributed to blunt force trauma.  were in the trial transcript. One wonders why one was important to Phil and the other was not, when it is required that both should be, equally important, as per Phil's testimony. Why didn't he? Confirmation bias?

Phil nor any Committee member inquired. Why and how? Was the number for blunt force trauma 1, 12, 47, 83?

I counted 25 blunt force truma mentions or traumas, just within the small sections within #1  LETTERS, Texas Matters, Texas Public Radio, and David Martin Davies, TPR. the first email I sent to the committee, re RR - just below, Of course, we should have a true neutral source count both within the trial transcript. 

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here:  In addition, the juror/witness was rebutted
#1 - Death Row Inmate Robert Roberson
https://prodpinnc.blogspot.com/2024/11/1-death-row-m-robert-roberson.html
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6)  Phil thought it important, as do we all, that RR's lack of emotional response to his daughter Nikki's death, may not have been any evidence of a lack of caring for Nikki, but instead was due to the spectrum, within autism.

7) Yet, Phil avoided that distinction within:

8) Blinking of eyes: During Phil's meeting with RR, Phil described how RR's lack of increased blinking told him that RR was being honest.

Phil knows that increased blinking does not, always, indicate deception, but can be from anxiety and other  reasons, just as Phil knows there are, always, exceptions to the rule, for people with a normal or typical psychiatric response, as well as others, such as psychopaths who may not have normal responses, either, as well as those who have autism, who we know not to have normal responses, quite often, none of which Phil reviewed within the blinking testimony, although Phil knows all of that.

9) Autistic meltdown:  There is a lack of controlled emotion, which is well known within autism. It is called autistic meltdown, which somehow Phil did not mention, even though very important. It may cause extreme violence, especially under duress, such as constant emotional stress, confusion and loss of control  because of a constantly ill infant, when the father is autistic, and he may not be able to control himself.

Very important but Phil did not mention it? Neutral? Confirmation bias? Alternative explanations? 

10) Was Phil using autism when it would assist RR' defense, but not when it might harm his defense? Ask him.

Quoting Phil: "It's astounding. It's astounding."

11) Phil discussed defense council's claim that Nikki's killing was a lack of controlled emotion but not a murder. As Phil knows when rage takes over and you kill someone or many, it may be classified as murder or it may not, depending upon all of the circumstances.

12) Phil and Rep. Leach:

Phil:  "if you look at the population on death row or the population in prison there is an overrepresentation of minorities and low socioeconomic .... at which point Rep. Leach interrupted and stated "rich white guys don't get the death penalty" to which Phil responded "no they don't".

Response: Unless intentional deception, that is a product of looking at anti-death penalty resources and experts, then failing to fact check and vet them (1), and avoiding all pro-death penalty resources and experts (1). Extremely common.

Is that their standard?

13) Race and Ethnicity

White murderers are twice as likely to be executed as are black murderers (all within fn 2)

From 1977-2012, white death row murderers have been executed at a rate 41% higher than are black death row murderers, 19.3% vs 13.7%, respectively. 

"There is no race of the offender / victim effect at either the decision to advance a case to penalty hearing or the decision to sentence a defendant to death given a penalty hearing."

For the White–Black comparisons, the Black level is 12.7 times greater than the White level for homicide, 15.6 times greater for robbery, 6.7 times greater for rape, and 4.5 times greater for aggravated assault.

For the Hispanic- White comparison, the Hispanic level is 4.0 times greater than the White level for homicide, 3.8 times greater for robbery, 2.8 times greater for rape, and 2.3 times greater for aggravated assault.

For the Hispanic–Black comparison, the Black level is 3.1 times greater than the Hispanic level for homicide, 4.1 times greater for robbery, 2.4 times greater for rape, and 1.9 times greater for aggravated assault.

Where is the overrepresentation?

As the most common capital murders, those which are death penalty eligible, are rape/murders and robbery/murders, the perceived "disparities" (aka expected multiples) may be even greater than the numbers, above, as reason could predict.

much, much more detail within fn (2)

14) Rich and Poor

"99.8% of poor murderers have avoided execution. (all within fn (3).

It is, solely, dependent upon one's definitions of "wealthy" and "poor", as to whether "wealthy" murderers are any more or less likely than 0.2% to be executed, than are the "poor", based upon the vast minority of capital murders committed by the "wealthy", as compared to the vast majority committed by the "poor". By far, the greatest number of capital murder cases are robbery/murders, with nearly 0% of "wealthy" capital/death penalty eligible murders committed by the "wealthy", based upon any reasonable definition of wealthy. Obvious.

more detail here (3), with alternatives, as per Phil, and a number of the wealthy, for Phil and Rep. Leach (3).

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#1 - Media Disaster - Death Row Inmate Robert Roberson
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15) Phil: "Texas is only second in exonerations to Illinois." "'If you look at the number of exonerations, it's scary." "There have been over 5000 years of time served on death row by innocent people who were ultimately exonerated"

Response: I venture there is not one death penalty expert, in the US, and maybe the world, that does not know the claims of the "innocent"/"exonerated" released from death row, in the US, is the most obvious and pernicious fraud within the death penalty debate (4). It took me 5 minutes to discover it, decades ago.

Dr. Phil, if you are using the fraudulent numbers, which you, most likely, are, Texas is third behind Florida and Illinois, with the Florida and Texas claims, having a 83% fraud rate, last time I checked. Here is a model to fact check the claims (4a). Why don't you use it?

Is Phil unaware of all that? How and why?

16) The fraud rate of such claims is from 71-83%, depending upon study (4). What the Death Penalty Information Center (DPIC) did was to redefine both innocent and exonerated as if they had redefined lie as truth and stuffed a bunch of cases into those fraudulent definitions (4), as is very well known within this debate (4) . The Innocence Project is all in on that fraud (5) as well as others - see IP's fraudulent false confessions (6). I picked a DNA "exonerated " case, completely, at random and guess what IP and the National Registry of Exonerations (NRE) had done with it? Yep. (7a)

17) Rep. Schatzline's back and forth with Phil was, by far, the most effective (1:47:20-1:56:00). Listen to it. Here's a bit:

Schatzline: "Did the jury know that Nikki had been chronically ill all of her life  . . . that Nikki had two episodes of a halt to her breathing, what we call breathing -apnea . . . that she was brought into the hospital with a 104 degree fever . . .  that one of the drugs (taken by Nikki) is no longer used for children . . .because it makes it difficult to breathe for children . . . that she had been diagnosed with bacterial pneumonia? . . . to which Phil answered "no".

Powerful, to the point. Very effective. 

But can we trust anything from this cabal, regarding why all courts, state and federal have denied Roberson relief, for the past 21 years, when it appears that no one on the Committee has read the trial transcript and how we are, obviously, only getting the defense side of the story, within this hearing?

18) Committee Chairman Darby's speech about why this case is important, in law, and whether the court's are, properly, reviewing and ruling on these cases, as per the "junk science" law, was excellent. Listen to it (7:54-13:26).

As he discussed, the law may have been written improperly and Phil spoke to that. The Committee should have a subcommittee made up of four, each, active or retired prosecutors and defense counsel, all of whom specialize in criminal appellate work, to review the language and intent of the bills. Do you not do, something, like that now?

In Closing

19) Phil's "alternative explanations" are very important, as that is how judges and jurors make their decisions, looking at two competing sides, most often with alternative explanations and facts, which is the primary complaint by the Committee and the witnesses/speakers, that such alternatives were not presented to the jurors. 

20) But what many, like me, saw, was only one side, not the side that had prevailed, within the appellate courts, both state and federal, for 21 years, inclusive of all of the new evidence, as discussed within the hearing.

Based upon all the errors and miscues within the hearing, the Committe have muddied the waters much more than you have cleared them. 

What the hearing has asked us to believe is this:

Most or all appellate judges,  the governor, the parole board, the attorney general, the prosecuting attorney and all of their relevant clerks and staffs (the "Group") either knows RR to be factually innocent and have allowed his case to move forward, with no relief,  or there is new evidence, that may require a new trial and the Group is  willing to look the other way and not allow that to happen, when that has never happened, prior, with no rational reason that it would be occurring, now.

On its face, it seems, utterly, absurd and then we have this:

Since 1973, the modern death penalty era, there have been 4 cases (0.25%), from Texas death row, with "factual" proof of actual innocence, (4a), as confirmed by the proper government authority. All were released. 

Current Gov. Abbott has commuted, to life, one case of a factually guilty murderer on death row . . . not a good decision, IMO.

The "overwhelming outcries from the public" has little to no meaning, as they get their information from the media (8), and/or anti-death penalty groups and folks, with media having a 30 year history of not fact checking nor vetting the fraudulent claims (1,8) particularly the innocent/exonerated from death row, which, now has a 71-83% fraud rate, depending upon review. (4).  This deception was admitted by anti-death penalty folks in . . .  1998 (4).

Why would the Group decide to, knowingly, do that, in this one, or any case? They wouldn't, of course. It would be political, ethical and moral suicide, with only a downside for the Group, with all reasons not to do it and none for.

Yet some say that is exactly what the Group are doing when there is no reason for them to.

No one complains about factually innocent people having their conviction reversed and being freed or having evidentiary hearings, when the evidence is strong enough to merit it.

Rationally, it must make one wonder: What did the hearing leave out, that the judges have known, for 21 years, but we do not?

Guess I will have to read the trial transcript.  NOTE: Get me one or put it online

In Closing

It appears that no members of the Committee has read the trial transcript, meaning they have no idea if they are being told the whole truth or if they are being gas lighted.

Is that happening and if so, how?

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FN

1) Research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone in a public policy debate and which rebut all anti-death penalty claims.

The media/academic norm is to use anti-death penalty material, refuse to fact check or vet it and avoid all pro-death penalty research and experts. How will you know that is true? You haven't seen this material, prior.

The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts are included)

600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history

2) RACE & THE DEATH PENALTY: A REBUTTAL TO THE RACISM CLAIMS http://prodpinnc.blogspot.com/2012/07/rebuttal-death-penalty-racism-claims.htm

3)  Is There Class Disparity with Executions?
https://prodpinnc.blogspot.com/2013/03/isc-there-class-disparity-with-executions.html 

4)   The Death Row "Exonerated"/"Innocent" Frauds   
71-83% Error Rate in Death Row "Innocent" Claims,  
Well Known Since 1998

4a)  Deception: The DPIC "Exonerated"/"Innocence" List 
(see fact checking/vetting model - use it) 

5) Innocence and the Death Penalty, Innocence Project
https://innocenceproject.org/innocence-and-the-death-penalty/

6)  Innocence Project Invents False Confessions
150% fraud rate in "confessions"?

7) See section 3) How many DNA exonerations are guilty?
Death Row, "Exonerations", Media  & Intentional Fraud
and 
7a)  More Deceptions:
The "Exonerated", as defined by the National Registryof Exonerations (NRE)
https://prodpinnc.blogspot.com/2023/02/exonerations-national-registry-of.html

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Victim Services

Victims' Voices
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Partial CV

#3 Robert Roberson - Amici Curiae Contradicting House Committee on Criminal Jurisprudence

I haven't straightened out all the format changes, yet, but it is very readable. I first read this, Nov 6, 2024

October 24, 2024 

Via E-Filing 

Mr. Blake Hawthorne, Clerk Supreme Court of Texas 
Re: No. 24-0884,
In re Texas House of Representatives 

Dear Mr. Hawthorne: 

Representative Cody Harris and Cecil Bell, Jr., Greg Bonnen, Briscoe Cain, Mark Dorazio, Cole Hefner, Tom Oliverson, M.D., and Tony Tinderholt, other Members of the Texas House of Representatives respectfully submit this letter brief as amici curiae in support of the Texas Department of Criminal Justice.1 

In last week’s frantic run-up to the lawful execution of a convicted baby-killer called Robert Roberson, the House Committee on Criminal Jurisprudence attempted to use its subpoena-and-hearing authority to usurp the Governor’s clemency power. Contra TEX. CONST. art. IV, § 11(b) (“The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed thirty (30) days . . . .” (emphasis added)). 

 The House Committee has continued to use its hearing authority in the days since, attempting to wield the judiciary’s power to re-determine facts and evidence about a capital murder—despite decades of state- and federal-court judges having rejected Roberson’s claims. 

And now, in this unprecedented case, a single Committee purports to litigate on behalf of the “Texas House of Representatives.” 

At practically every turn, a single committee of a single chamber of a single branch of government has encroached not only on the prerogatives of two other branches, but also on those of their colleagues in the same branch. 

1) No fee was paid or will be paid for preparing this brief. See TEX. R. APP. P. 11(c). 2 

And the results have been messy. 

This past week, the House Committee held a one-sided re-trial of Roberson’s criminal case, twenty-one years after he was convicted by an Anderson County jury.2 

As can happen in a legislative committee hearing, as opposed to an actual court of law, witnesses and committee members alike presented only one side of the story. Indeed, the substantial evidence of Robertson’s guilt was not even presented. 

The House Committee’s hearings lacked “the adversarial process on which our legal system depends.” In re Abbott, 628 S.W.3d 288, 298 (Tex. 2021). 

Had the House Committee followed the adversarial process that is intrinsic to our judicial system, it would have revealed to Members—and to the People of Texas—these deeply troubling facts: 

 • Roberson, the only adult known to be with Nikki in the hours before she took a brutal beating that proved fatal, brought his two-year-old daughter to the hospital with multiple “external” bruises; 
• Roberson was not some “sweet, impaired man,” but a bully with a long history of violence that included punching his pregnant ex-wife for walking too slowly, beating an unborn child still in that woman’s womb, and molesting a nine year-old girl; 
• the prosecution’s theory at trial was not that Roberson shook Nikki, but that he “beat” her to death; and
• though he now claims that Nikki succumbed to pneumonia, Roberson has offered at least five theories of how she died that are mutually inconsistent. 

 2 See House Committee on Criminal Jurisprudence, Hearing Testimony, 88th Leg. (Oct. 21, 2024), https://house.texas.gov/videos/20863 [October 21 Hearing Testimony]; see also House Committee on Criminal Jurisprudence, Hearing Testimony, 88th Leg. (Oct. 16, 2024), https://house.texas.gov/videos/20862 [October 16 Hearing Testimony]. 

Over the past two decades, Roberson has given various audiences at least five different whodunnit narratives:

(1) Roberson told hospital staff and investigators that Nikki was just a clumsy kid who fell out of bed and plummeted to her death—from a height of just 22 inches. 

(2)  Roberson told his girlfriend that he might have “snapped” and killed Nikki, but he just can’t remember. 

(3) While awaiting trial, Roberson told a cellmate that he’d “put his dick in the baby’s mouth” before hitting her on the skull, dropping the child on her head, and leaving her on the floor. 

(4) In a 2008 letter from death row, Roberson agreed that Nikki was beaten to death—but pointed the finger at Heather Berryhill, a woman with whom he was smoking crack and having sex. 

(5) Now, Roberson says Nikki died because she was a sickly child with a bad case of pneumonia.

The only consistency here is Roberson’s mendacity. 

Given the one-sided nature of the hearing, it is not surprising the House Committee chose to believe only Robertson’s latest theory—no questions asked. 

Some Members even claim Roberson was “framed.”3 

By the floor? By Heather? By pneumonia? 

Because relators’ pleadings attempt this approach on behalf of the entire “House of Representatives,” it is imperative for other Members— in whose name this suit is nominally brought—to tell the story the House Committee failed to tell. 

In 2002, Roberson sauntered into the hospital with his two-year-old daughter, who was blue and unresponsive.4 Upon arrival, the little girl  3 

3 October 21 Hearing Testimony at 8:26:54–8:27:03. 4 42 RR 183:12–186:15. 4

 had extensive bruising to her chin, face, ears, eyes, shoulder, and mouth, and the back of her skull was “mushy.” 

Roberson was the only adult with Nikki in the hours beforehand. The State indicted him for capital murder. Initially, after bringing his bruised, bloody, and unconscious child to the hospital, Roberson claimed she simply died from a 22-inch fall out of bed because she was “a clumsy child.” 

But an autopsy concluded Nikki died from “blunt force head injuries”—not from mere shaking. 

The jury agreed. On February 11, 2003, after being instructed on the prosecution’s theory that Roberson killed Nikki “by causing blunt force head injuries,” the jury unanimously found him “ ‘Guilty’ of the offense of capital murder.”8 

It rejected Roberson’s theory, crediting instead the evidence that pointed to external blows—not shaking or a short fall.9

Almost immediately, Roberson’s story changed. 

While in pre-trial custody, for example, Roberson confided to his live-in girlfriend, Teddie Cox, that he may have “snapped” and killed the girl. 

Cox relayed a conversation in which she asked Roberson point-blank: “Did you kill Nikki?” He told her that “if he did do it, he don’t remember, that he snapped, and he don’t remember doing it.”10 

That was not the only evidence of Roberson’s violence. The jury heard testimony from Roberson’s ex-wife, Della, that he choked her with “a coat hanger,” 

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 5 41 RR 115:21–23, 116:1–4, 117:5–18 (Sims); 42 RR 82:20–83:13 (Konjoyan); Ex parte Roberson, Nos. WR-63,081-03 & -04, at 2–3 (Tex. Crim. App. Oct. 10, 2024) (Yeary, J., concurring); 2022 Findings of Fact ¶¶ 21, 24, 26, 33, 35, 36, 37, 40, 41; 5 CR 660. Contra October 21 Hearing Testimony at 8:20:35–8:20:43 (Roberson’s lawyer claiming “there is no mushy skull”); October 16 Hearing Testimony at 4:11:37–4:11:43 (Dr. Auer saying the child was “entitled to have a goose egg”). 6 41 RR 170:21 (Wharton); 41 RR 66:19–67:24, 69:13–23, 70:18–21 (Gurganus); 41 RR 86:22–23, 95:21–25 (Odem); 42 RR 82:7 (Konjoyan); 50 RR, State’s Exh. 37 (Roberson’s signed statement to police); 5 CR 669 (Wharton’s police report). 7 51 RR, State’s Exh. 48. 8 5 CR 613–625. 9 41 RR 69:22–23 (Gurganus); 41 RR 89:19–21 (Odem); 41 RR 123:18–20 (Sims); 41 RR 176:10–14, 177:6 (Wharton); 42 RR 85:14–15 (Konjoyan). 10 42 RR 190:11–25; see also 41 RR 55:7–10; 46 RR 25:8–11; 5 CR 670. 5 

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forcing her to “fight for her life”;11  punched her while she was pregnant because she “wasn’t walking fast enough for him”;12 and hit both her and her unborn baby, Victoria.13 

This is the “sweet, impaired man” who, according to his lawyer’s legislative testimony, has “no history of violent assaults” and poses “zero” security risks?14 

While in pre-trial custody, Roberson painted an even more damning picture of Nikki’s vicious death. 

In 2002, the Anderson County District Attorney’s Office received a letter saying that Roberson confided to his cellmate that he had sexually assaulted and beat Nikki to death. 

First, Roberson “put his dick in the baby’s mouth and rubbed his penis against her vagina.”15 

Then he “hit Nikki on the back of her head with his hand” and “dropped her on her head,” “leaving her on the floor.”16

 The evidence indicates that sexually abusing children was hardly unusual for Roberson. 

On another occasion, one month before he killed Nikki, Roberson climbed into bed with his girlfriend’s nine-year-old daughter, “slipped his hand down to her panties,” and “touched her breast and vagina[].”17 

While the testimony before the House Committee would have us believe “there’s not a record of violence, child abuse, any of that” for Roberson, such a conclusion simply ignores a panoply of facts and evidence.18 

After a jury convicted him of killing his daughter via blunt force head injuries, Roberson tried shifting the blame to his girlfriend’s sister, Heather Berryhill, claiming she threw Nikki on the ground after the two had smoked crack and had sex in front of the child. 

In 2008, Roberson wrote to a prison website seeking a fellow death-row pen-pal. In the 

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11 47 RR 15:11–24. 12 47 RR 16:2–12. 13 47 RR 18:13–25; see also 42 RR 171:3–172:11. 14 October 16 Testimony at 6:57:23–6:57:26; October 21 Hearing Testimony at 7:55:55– 7:56:10, 8:46:13–8:46:26. 15 5 CR 687 (Lodygowski). 16 Id. 17 5 CR 677 (T. Cox), 679 (R. Cox). 18 October 21 Hearing Testimony at 8:08:56–8:09:10 (Roberson’s lawyer). 6
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 letter, he admitted that he “lied to the nurses and doctors” about the alleged 22-inch fall out of bed.19 And he described January 30, 2002, as a crack-fueled night in which he awoke to see “Heather shaking Nikki back and forth, from front to back.”20 

Heather—not Roberson, of course, but his crack-smoking paramour—then threw the girl so forcefully that “Nikki bounced off the floor, hitting the floor hard.”21 

Roberson, on his own telling, never even checked on her. 

Later that night, Heather again picked Nikki up and “started shaking her some more.”22 

Roberson still could not be bothered to check on the girl. Instead, he “laid down and dozed off” and then (for some reason) covered up for Heather.23 

In 2016, on the eve of his scheduled execution, Roberson sought and obtained a stay of execution to review his conviction and sentence under Texas’s newly amended junk-science law, codified at Article 11.073 of the Texas Code of Criminal Procedure. 

This time, he claimed Nikki had suffered from an extreme case of pneumonia that somehow caused her brain to shift inside her skull and compress her spinal cord.24 

The Texas Court of Criminal Appeals (CCA) remanded Roberson’s habeas petition to the Anderson County District Court,25 giving him the opportunity to develop evidence in support of this new theory that pneumonia was the real killer.

In 2021, shortly before his evidentiary hearing began on remand, Roberson’s 2008 story of a crack-and-sex-filled night was conspicuously removed from Lamp of Hope’s website.

During a seven-day evidentiary hearing, the District Court carefully considered Roberson’s arguments, 

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 19 Robert Roberson, PenPal Request, Lamp of Hope (July 24, 2008), https://web.arch ive.org/web/20080724175922fw_/http://www.lampofhope.org/wp999442.html. 20 Id. 21 Id. 22 Id. 23 Id. 24 42 RR 102:20–23 (Squires); 43 RR 83–84 (Urban). 25 Ex parte Roberson, No. WR-63,081-03 (Tex. Crim. App. June 16, 2016) (per curiam). 7 
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rejected all of them, and reaffirmed that he beat his daughter to death. Among other detailed findings,26 the District Court found that: • “No one testified in the original trial that Nikki was killed by shaking alone.”27 • Because there was impact, the “question of SBS (shaken baby syndrome) is kind of moot.”28 

• Abusive head trauma, as distinguished from mere shaking, is still a recognized medical diagnosis.29 
• And Roberson’s pneumonia theory, even after a full and fair exploration, did nothing to change the evidence that Nikki had been brutally beaten.30 

In January 2023—a full 22 months before the House Committee’s hearing—the CCA reviewed the record. It agreed that the record supports the District Court’s findings of fact and adopted them in full. 

Based on those findings and its own independent review, the CCA denied habeas relief on Roberson’s claims.31 

In short, Roberson has peddled no fewer than five different theories of what happened to Nikki. 

Courts and a Texas jury have rightly rejected all of them. Now, some have claimed in legislative testimony that Roberson’s conviction rests solely on “shaken baby syndrome.” 

That argument is not new. And it is not right. 

The prosecutor’s closing argument expressly reiterated to the jury that its theory was not that Nikki was shaken, “but was beaten about the head.”32 

In his closing to the jury, the prosecutor addressed this very 

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 26 See, e.g., Ex parte Roberson, No. 26162-A, Findings of Fact at ¶¶ 21, 24, 26, 33, 35, 36, 37, 40, 41 (3rd Judicial Dist. Ct. Feb. 14, 2022). 27 Id. at ¶ 11; see also id. at ¶¶ 20, 28, 58. 28 Id. at ¶ 16. 29 Id. at ¶ 45; see also id. at ¶¶ 9, 14, 15. 30 Id. at ¶¶ 40, 50, 51, 107. 31 Ex parte Roberson, No. WR-63,081-03 (Tex. Crim. App. Jan. 11, 2023) (per curiam). 32 46 RR 25:13–23 (emphasis added). 8 
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argument,33 twenty-one years before Roberson sold it to the House Committee: Consistent with these arguments in closing, the evidence at trial repeatedly described “external” injuries caused by “impact” from being “struck” with objects or forcible “blows.”34 

During its second legislative hearing, some House Committee Members and witnesses repeatedly suggested that anyone who says Roberson’s case was not a shaken-baby case “has not read any of the record” or is “intentionally deceiving.”35 

Have those proponents of this

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 33 46 RR 61:4–16. 34 See, e.g., 41 RR 117:16–21, 123:15–25 (Sims); 42 RR 103:10–19 (Squires); 43 RR 54–55 (Urban). Contra October 21 Hearing Testimony at 1:58:43–1:59:31 (Dr. Phil claiming “a careful analysis of the trial record” suggests there was no evidence of “battery” or that the child had been “beaten”); id. at 2:41:50 –2:42:14 (juror claiming they “heard nothing about Nikki being beaten”); id. at 7:57:20–7:57:36 (Roberson’s lawyer claiming there were no “exterior signs of abuse” and “everything is internal”). 35 October 21 Hearing Testimony at 7:56:15–7:56:45 (Roberson’s lawyer). 9
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 theory read the same record?

Equally concerning is the House Committee’s motive for a last-minute attempt to unwind our State’s constitutional order.

More than 100 votes of state- and federal-court judges have reaffirmed Roberson’s conviction and sentence at every turn.

This case may be captioned In re Texas House of Representatives. 

But those waging this campaign on a child-murderer’s behalf do not speak for the full Texas House of Representatives. And certainly not for the amici Members listed below.

CODY HARRIS CECIL BELL, JR. House District 8 House District 3 GREG BONNEN BRISCOE CAIN House District 24 House District 128 MARK DORAZIO COLE HEFNER House District 122 House District 5 TOM OLIVERSON, M.D. TONY TINDERHOLT House District 130 House District 94 Respectfully submitted. _/s/ 

ARTHUR C. D’ANDREA Texas Bar No. 24050471 arthur.dandrea@dandreapllc.com 
D’Andrea PLLC 2415 20th St. Apt. B Lubbock, Texas 79411 Counsel for Amici Curiae House Members 10 CERTIFICATE OF COMPLIANCE 

Microsoft Word reports that this document contains 2373 words, excluding the exempted portions of the document. /s/ 

Arthur C. D’Andrea ARTHUR C. D’ANDREA Counsel for Amici Curiae House Members CERTIFICATE OF SERVICE 

On October 24, 2024, this document was served electronically on all counsel of record as follows: Jeff Leach (jleach@grayreed.com) Joe Moody (joe.moody@house.texas.gov) Counsel for Relators Billy Cole (william.cole@oag.texas.gov) Counsel for Respondents /s/ Arthur C. D’Andrea ARTHUR C. D’ANDREA Counsel for Amici Curiae House Member