Former Investigator Believes Robert Roberson is Innocent in Nikki Case

Original Investigation and Conviction

• 🕵️ Brian Wharton, the lead investigator, details the initial response to a report of child abuse involving Nikki Roberson.
• 🏥 The child was in critical condition, and the medical staff's response suggested an abusive injury, leading to discussions of shaken baby syndrome.
• 👨‍👦 Robert Roberson, the only adult with Nikki at the time, exhibited an unemotional and flat affect, which struck investigators as odd.
• ⚖️ Based on the medical assessment of shaken baby syndrome and Roberson's demeanor, an affidavit was developed, leading to his arrest.

Evolving Understanding of Shaken Baby Syndrome

• 🔬 Over time, new medical science and testing emerged, challenging the scientific basis of shaken baby syndrome as it was understood.
• 🃏 The initial case, built on this theory, is described as a "house of cards" that fell apart under scrutiny.
• 🩺 Reviewing Nikki's medical history and CT scans from the night of her injury revealed a different story, suggesting she was a very sick child from early on.
• 🏥 Medical mistakes and miscalculations are now believed to have contributed to her critical state and death.

Personal and Professional Reckoning

• ✅ Wharton felt compelled to speak out due to his belief that "wrong is wrong and right is right, and if you make a mistake, correct it."
• 🤝 He has been visiting Robert Roberson monthly for about a year and a half, developing a friendship.
• 🙏 Robert has forgiven Wharton, showing remarkable grace and joy despite being imprisoned for 20 years for a crime he did not commit.

Reforms and Legislative Action

• 📜 Texas law intended to allow defendants to file writs for new trials based on junk science, but the Court of Criminal Appeals has reinterpreted it, making it difficult to get cases heard.
• 🏛️ There is a perceived bias against hearing cases from death row inmates based on junk science, and courts have used procedural reasons to avoid reviewing new evidence.
• ⚖️ Wharton hopes the legislature will tweak the law to ensure it functions as intended, creating mechanisms for cases, especially those on death row, to be properly heard and reviewed.

Public Apathy and Systemic Issues

• 📢 Wharton highlights the apathy of the public, noting that only a small number of people attended a rally for Robert Roberson, despite the state preparing to execute an innocent man.
• 🔒 He criticizes the government for becoming disconnected from the people and hiding behind rules and procedures to avoid confronting the truth.
• ⚠️ The inability of courts to hear Robert's new evidence, despite heroic efforts by his attorney, should be a cause for concern for everyone.