Austin, TX, September 17, 2024 – The Autism Society of America and the Autism Society of Texas are urgently appealing to Texas Governor Greg Abbott, and the Texas Board of Pardons and Paroles, to grant clemency to Robert Roberson. Mr. Roberson, an Autistic individual, is facing execution on October 17, 2024, for the death of his daughter Nikki, despite substantial evidence indicating her death was due to illness and not homicide. 

In 2002, Mr. Roberson brought his two-year-old daughter to the hospital after she experienced a series of health issues, including a high fever, chronic illness, and a minor fall from her bed. Tragically, Nikki passed away. Mr. Roberson, whose special education supports were documented during his school years, exhibited mannerisms that were misinterpreted by hospital staff and law enforcement as cold and unemotional. His formal Autism diagnosis came in adulthood, but this critical misunderstanding played a key role in the prosecution’s case, which wrongfully accused Mr. Roberson of violently shaking and abusing his daughter. 

“Robert Roberson’s Autism, which affects social and emotional processing, led to a lack of visible emotional response—a characteristic misinterpreted during his trial as a sign of guilt,” shared Christopher Banks, President and CEO of the Autism Society of America. “This tragic misjudgment, combined with the absence of expert testimony on Autism, culminated in a wrongful conviction, in which we urge Governor Abbott to grant clemency.” 

The Autism Society of America recognizes the complex and often challenging interactions between individuals with Autism and the criminal legal system. These principles outline the Autism Justice Center’s commitment to advocating for and supporting individuals with Autism who encounter legal issues, as well as educating and collaborating with justice system professionals. In collaboration with the Innocence Project, the Autism Society of America and Autism Society of Texas have been working together to appeal to Governor Abbott and the Texas Board of Pardons and Paroles. 

Autism is a lifelong neurodevelopmental disability, not a mental illness. People on the Autism spectrum may appear ‘odd,’ ‘calm,’ ‘nonchalant,’ ‘unemotional,’ ‘detached,’ or ‘uncaring’ to those unfamiliar, particularly in stressful situations. These descriptors were used against Mr. Roberson, who was not diagnosed with Autism until years after his trial, due to socio-economic factors and a lack of awareness during his upbringing. 

The Autism Society highlights that the understanding of Autism has significantly improved since Mr. Roberson’s trial over two decades ago. Today, we have a wealth of evidence demonstrating that Nikki’s death was a devastating result of illness, not a crime. Mr. Roberson’s outward demeanor, best understood in the context of his Autism, was misinterpreted by those unfamiliar with the disability, including medical professionals and the jury. 

“The prosecution’s reliance on misjudgment and bias against Mr. Roberson’s Autistic behavior suggests a rush to judgment substantially influenced by criminalizing disability,” said Jacquie Benestante, Executive Director of the Autism Society of Texas. “We are calling for justice and clemency, urging Governor Abbott and the Board of Pardons and Paroles to consider the compelling evidence and prevent a wrongful execution.” 

The Autism Society emphasizes that late diagnosis and misdiagnosis are common in the Autism community, particularly among individuals from disadvantaged backgrounds. Mr. Roberson’s case underscores the urgent need for a more nuanced understanding of Autism within the criminal justice system to prevent further wrongful convictions. 

We urge Texans to sign and share our action alert to stop the execution of Robert Roberson: https://www.votervoice.net/AutismSociety/campaigns/117902/respond 

Advocates who are not Texas residents can sign the petition at the Innocence Project here: https://innocenceproject.org/petitions/justice-for-robert-roberson/ 

 

For more information or to support this clemency appeal, please contact: 

 

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About the Autism Society of America  

The Autism Society of America is dedicated to creating connections, empowering everyone in the Autism community with the resources needed to live fully.  As the nation’s oldest leading grassroots Autism organization, the Autism Society and its approximately 70 affiliates serve over half a million people each year. By championing initiatives that advance equitable opportunities in healthcare, education, employment, safety, and public policy, the organization executes a national reach, with meaningful local impact. Through education, advocacy, support and community programming, the Autism Society works towards a world in which everyone is connected to the support they need, when they need it.  

For more information, go to AutismSociety.org, Facebook, Instagram, X or LinkedIn. 

 

About Autism Society of Texas  

The Autism Society of Texas is the state affiliate of the Autism Society of America, a 501(c)3 organization. The Autism Society of Texas works to support individuals with Autism in Texas through free information and referrals, education, support and enrichment groups, and state & national advocacy. 

The organization provides community inclusion events, recreation, and support groups across Texas. For more information, referrals, and support, call 512-479-4199, or email info@texasautismsociety.org. 

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