Robert Roberson spent more than two decades on death row for a crime many experts now say he did not commit.

On Oct. 9 at Wake Forest University School of Law, attorney Margaret Amshay urged students to consider the human toll behind wrongful convictions. She pointed to the case of Robert Roberson, a Texas father convicted under discredited medical science, who now faces execution on Oct. 16. 

The Society for Criminal Justice Reform (SCJR) hosted this event as part of International Wrongful Conviction Day, seeking to raise awareness about the failures in the criminal justice system.

The event’s keynote speaker, Margaret Amshay, a recent law school graduate now working at the Mecklenburg County Public Defender’s Office, shared a personal account of her time working on Roberson’s case. Specifically, Amshay had assisted Roberson’s attorney, Gretchen Sween, during law school, allowing her to spend time with Roberson. 

“I think about Robert every day,” Amshay said. “I very quickly could tell that he was just the most kind, caring, faithful man.”

Robert Roberson was convicted based on the medical diagnosis of shaken baby syndrome, which is also known as abusive head trauma. His daughter Nikki Roberson’s injuries were said to be intentional harm. At the time, neither Roberson’s autism nor his daughter’s prior medical conditions were considered, leading to a misinterpretation of Roberson’s behavior.

To give attendees a deeper understanding, Amshay played a documentary clip featuring an interview with Brian Wharton, the detective who originally investigated the case. In the footage, Wharton reflects on his role with visible regret.

“I’m convinced we did the wrong thing,” Wharton said. 

Amshay became emotional as she recalled her first visit with Roberson in prison.

“When I met him, one of the first things he asked me was my name, my favorite color, and my birthday,” Amshay said. “Gretchen told me that every time he meets someone, he gets their name and their birthday, goes back to his cell and writes it down.”

As she spoke, Amshay held up the handmade birthday card Roberson had sent her, showing students the small drawings inside. 

Amshay then turned to the larger implications of the case, urging students to examine how science and bias can intersect to produce injustice.

“It’s very clear now that Roberson’s autism caused the lack of eye contact and focus on minute details… they read it as suspicious,” Amshay said. 

She emphasized that persistence of flawed medical science – specifically the once-widely-accepted shaken baby syndrome diagnosis – reveals a justice system more focused on closing cases than uncovering truth. 

After the talk, students reflected on what they had learned.
Sarah Bauknight, a first-year law student, said Roberson’s story made her reconsider how common wrongful conviction cases may be.
“It’s clear that Robert is innocent,” Bauknight said. “But what struck me most is how common his circumstances are. This work isn’t just for Robert, it’s for everyone caught in the same terrible situation.”

Second-year law student and member of SCJR, Jack Woods, discussed how the event reinforced how resistant the system can be to admitting mistakes.

“It’s crazy how the system can still be kind of unresponsive and seem to just be completely apathetic to the prospect of an innocent man being executed,” Woods said. “I think it can make you pretty cynical about the whole system.”

As the program concluded, students were reminded that Roberson’s execution date is fast approaching.

Readers who wish to advocate for Roberson’s clemency can sign the petition here or learn more through the Innocence Project’s campaign.