By Alessandra Jimena Soberanes
AUSTIN, TX — A recent report from the Texas Defender Service (TDS) highlights significant issues with Texas’ junk science statute, charging Article 11.073, established by the Texas Legislature in 2013 to provide relief to those wrongfully convicted due to flawed forensic evidence, is falling short of its goals.
The report reveals the statute has been largely ineffective, with only 20 percent of applicants finding relief out of 74 cases filed between September 2013 and December 2023, noting an inconsistent application by the Texas Court of Criminal Appeals (CCA), a stringent standard of proof and inadequate relief options for death row incarcerated.
The report states about one-third of the cases filed under Article 11.073 involve death row incarcerated, none of whom have received relief, raising concerns about the risk of wrongful executions, because the CCA demands proof of innocence rather than merely demonstrating the unreliability of the forensic science used in their conviction.
Robert Roberson’s case illustrates these issues, the report notes.
Convicted in 2003 for the death of his daughter Nikki, Roberson has been on death row for more than 20 years. Initially, his conviction was based on the belief that Nikki’s death resulted from “Shaken Baby Syndrome” (SBS), but new scientific evidence suggests it may have been caused by severe pneumonia and medication side effects, as documented in the report.
Despite this new evidence, both the trial court and the CCA have denied Roberson relief under Article 11.073.
According to a released statement, a Texas court has scheduled Roberson’s execution for Oct. 17, 2024. His defense attorney, Gretchen Sween, argues the new evidence supports a natural cause of death and warns that ignoring it could lead to Roberson’s execution based on an outdated theory.
The TDS report also criticizes the CCA for dismissing appeals on procedural grounds and limiting relief to cases involving DNA evidence, even though many wrongful convictions do not involve DNA.
According to the article, this restriction has led to many applicants, including those with non-DNA-based claims, being denied a fair opportunity for relief.
The TDS findings raise serious questions about the effectiveness of Texas’ junk science statute, and the report calls for changes to better address wrongful convictions based on outdated or flawed scientific methods, emphasizing need for reform.
