DALLAS, Texas — A recent ruling by the New Jersey Supreme Court declaring shaken baby syndrome testimony inadmissible in trials may give Robert Roberson, who was convicted in 2003, a potential new path forward, according to reporting by The Dallas Morning News.
The Dallas Morning News reported that in a 6-1 ruling, the New Jersey Supreme Court found shaken baby syndrome testimony inadmissible because the diagnosis is not recognized within the “biochemical community.”
Roberson, now 59, was accused of shaking his 2-year-old daughter, Nikki, which prosecutors argued led to her death and his conviction.
According to the report, the ruling came after scientific scrutiny and growing doubt surrounding shaken baby syndrome. The court stated, “There was no test supporting a finding that humans can produce the physical force necessary to cause the symptoms associated with SBS/AHT in a child.”
The Dallas Morning News cited Mayo Clinic’s definition of shaken baby syndrome, describing it as “a result of forcefully shaking an infant or toddler, which can damage or destroy a child’s brain cells and cause permanent brain damage or even death.”
Roberson’s execution date has reportedly been postponed multiple times as debate continues over the legitimacy of the shaken baby diagnosis used against him. “Roberson was last spared on Oct. 9, one week before he was scheduled to be put to death,” the article noted.
The report emphasized the significance of the New Jersey ruling for Roberson. The Dallas Morning News wrote that New Jersey’s public defender’s office called the ruling a “landmark” moment, saying it underscored the need for “reliable, well-supported scientific evidence” in criminal cases.
Concerns about the reliability of shaken baby testimony have surfaced in other cases as well. The Dallas Morning News pointed to the case of Andrew Roark, whose conviction was overturned. “Andrew Roark’s conviction was vacated on the basis that the science of shaken baby syndrome had evolved, and that expert witnesses would have given different testimony had he gone to trial in 2024,” the article stated.
However, the report also noted opposing perspectives, including arguments from the National Center on Shaken Baby Syndrome, which maintains that shaken baby syndrome remains “the leading cause of fatal head injuries in children 2 and younger.”
The article added that despite such claims, past wrongful convictions tied to shaken baby testimony continue to raise concerns about its scientific foundation and courtroom use.
“Roberson is awaiting next steps as the state pushes back on proceeding with the evidentiary hearing that could give him a chance to retry his case,” the Dallas Morning News wrote.
As legal proceedings proceed, the article stated that Roberson’s attorney, Gretchen Sween, remains hopeful that the New Jersey ruling could help secure a reassessment of his case.
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