This week, the state of Texas was set to execute Robert Roberson, an autistic man who has spent over 20 years on death row for a conviction based on the now debunked “shaken baby” hypothesis. Hours before his scheduled execution on October 17, the Texas Supreme Court granted a temporary order that will stop Mr. Roberson’s execution.

Disability Rights California (DRC) is encouraged by the actions of the Texas Supreme Court and the Texas lawmakers that requested the temporary restraining order. We continue to call for the permanent halt to the execution of Robert Roberson. The fight continues for Mr. Roberson's life, the lives of all people with disabilities, and the integrity of our criminal legal system.

Background

DRC recognizes the crucial intersection between criminal justice and disability justice. DRC condemns the racism and ableism that often occurs in the legal system and specifically in death penalty convictions.

People with disabilities face unique challenges in the criminal legal system including communication barriers, negative stereotypes, and inadequate accommodations. These barriers hinder people with disabilities capacity to effectively participate in the legal process and can make them particularly vulnerable to wrongful conviction, incarceration, and death sentences.

When Robert Roberson was under investigation, Mr. Roberson was described as “not right” and did not display the expected emotional reactions like a “typical” parent. Mr. Roberson’s lack of visible emotion was painted as odd and remorseless. In 2018, after his conviction, Mr. Roberson was officially diagnosed with autism spectrum disorder (ASD).

Mr. Roberson’s case illustrates how the criminal legal system’s failure to understand people with autism can lead to life-threatening consequences. People with ASD are seven times more likely to have encounters with the criminal legal system than those without ASD.

DRC is encouraged by the recent signing of SB 1001 (Skinner) that ensures people who are diagnosed with an intellectual disability cannot be sentenced with the death penalty in California. DRC calls for an end to the execution of people with intellectual disabilities across the country.

While DRC is grateful the execution has been stopped for now, we want to be sure that the court determines that Mr. Roberson should not be put to death.

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of drc is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.