Dateline NBC: “The Last Appeal” – Episode 3: "A Date to Die"

Original Air Date: October 10, 2025
Host: Lester Holt
Theme: An in-depth look at Robert Roberson’s fight for exoneration from Texas’ death row, the unraveling of shaken baby syndrome science, a detective’s change of heart, and a last-minute battle to delay execution.

Episode Overview

This riveting installment of Dateline’s “The Last Appeal” tells the story of Robert Roberson, a Texas man sentenced to death for the death of his two-year-old daughter, Nikki, in 2002. The episode traces years of legal battles, new scientific revelations that undermine the basis of Roberson’s conviction, the involvement of a repentant detective, an eleventh-hour rescue from execution, and mounting public and legislative scrutiny of the case.

The episode’s core reflects on themes of justice, the consequences of discredited forensic science, the personal reckoning of those involved in the prosecution, and the harrowing uncertainty faced by someone with an execution date looming over him.

Key Discussion Points and Insights

1. The Detective's Change of Heart (00:50–07:30)

• Gretchen Swinn’s Investigation:
  Gretchen Swinn, Roberson’s attorney, meticulously reviews the case, seeking out former detectives and experts, with a focus on Brian Wharton, the lead investigator.

  “She wasn't just reviewing files anymore. She was knocking on doors…” – Lester Holt [01:01]

• Brian Wharton’s Reflection:
  Now a Methodist minister, Wharton is deeply troubled by the case. He candidly admits to Swinn that the core evidence for the conviction—allegations of sexual assault and shaken baby syndrome—were unsubstantiated.

  “It was never corroborated. It was just an allegation, but it got before the jury. You know, those are bullets that don't go back into the gun.” – Brian Wharton [04:59]

• Autism Diagnosis as a Turning Point:
  Gretchen tells Brian that Roberson had undiagnosed autism, which changes Wharton’s understanding of Roberson’s behavior and responses during the investigation.

  "From the moment we met him in the hospital ... he's a little different, he's a little off. And that answers quite a few questions for us about his demeanor..." – Brian Wharton [06:28]

• Regret and New Allegiance:
  Realizing the prosecution had not adequately considered Nikki’s significant medical history or the evolving science, Wharton agrees to testify for Roberson.

  "We didn't hear Robert. Robert told us his story and we chose to disbelieve him.... We never asked enough questions." – Brian Wharton [06:48]

2. The Missing CAT Scans and Changing Medical Science (07:30–14:00)

• Key Evidence Rediscovered:
  In court, Gretchen raises the issue of missing CAT scans of Nikki’s head—a potentially game-changing piece of evidence absent from the original trial. By chance, the new district clerk locates them in a courthouse basement after being missing for 15 years.

  "She turned a key, opened the door and saw them gathering dust. The missing evidence was there..." – Lester Holt [11:11]

• Scans Contradict Prosecutors:
  The scans, when analyzed, reveal only a single minor injury rather than multiple blows; they call into question the original forensic conclusions.

  “The scans contradicted the medical examiner's conclusion that Nikki had suffered multiple blows.” – Lester Holt [12:26]

  “No, there's clearly one impact site… No skull fractures, not even a hairline fracture, and a tiny bit of subdural bleeding.” – Radiologist’s analysis relayed by Narrator/Reporter [12:48]

• Complications of Medical Intervention:
  Gretchen argues that some injuries may have resulted from doctors’ efforts to save Nikki, not from abuse.

  “The medical examiner told Robert's jury this was an impact site. It's not an impact site.” – Narrator/Reporter [13:24]

• Stalemate and Setback:
  Despite new evidence and Brian Wharton's reversal, the judge rules against Robert, allowing the execution to proceed.

  “The judge disagreed and ordered Robert's execution to proceed.” – Lester Holt [16:04]

3. Personal Reckonings and Pursuit of Mercy (14:00–22:00)

• Gretchen’s Advocacy and Brian’s Apology:
  Swinn fights tirelessly through appeals, while Wharton makes visiting Roberson and seeking forgiveness his personal mission.

  “He has asked me for his forgiveness. I forgave him... There's no anger in him.” – Brian Wharton [21:25]

• Support Grows:
  National media attention and cross-party support from state lawmakers coalesce. Legislators even visit and pray with Roberson on death row.

  “Now in an unexpected place, the state Capitol, 86 Texas lawmakers ... ask for mercy.” – Lester Holt [22:46]

4. Legislative Showdown and the Race Against Time (22:00–32:00)

• Emergency Legislative Hearing:
  Republican Jeff Leach and Democrat Joe Moody lead a hearing into why Roberson’s conviction stands despite the so-called “junk science law” allowing for review of cases resting on discredited science.

  “There are just way too many questions, way too many concerns for us to stay silent on this.” – Rep. Leach [23:42]

• Testimonies and Confrontations:
  Swinn, Wharton, medical experts, and the district attorney testify, with the DA struggling to answer questions about trial specifics.

  “With all due respect ... for you to have more personal knowledge of the trial record and of these facts.” – Brian Wharton, confronting DA Allison Mitchell [25:57]

• Historic Subpoena:
  Lawmakers subpoena Roberson to testify at the Capitol after his execution date, triggering legal challenges to keep him alive until then.

  “To honor the subpoena, Robert would have to stay alive. It triggered a historic legal showdown…” – Lester Holt [27:39]

5. The Final Countdown – Stay of Execution and Ongoing Ordeal (28:00–32:26)

• Scenes in the Death House:
  As Roberson says his goodbyes, Brian Wharton prepares to be a witness at the execution as an act of solidarity and support.

  "He's asked me to be present and I owe that to him ... to make sure he knows that he's not alone." – Brian Wharton [29:13]

• Legal Turmoil:
  After frantic last-minute court maneuvers—including an emergency plea to the U.S. Supreme Court (with Justice Sotomayor writing a passionate dissent)—the Texas Supreme Court delivers a temporary stay just two hours before execution.

  "Few cases more urgently call for such a remedy than one where the accused has made a serious showing of actual innocence..." – Justice Sonia Sotomayor, dissenting [30:14]

• No Resolution, Only Delay:
  The stay is short-lived. After another legal battle, Roberson is given another execution date, and uncertainty persists.

  “He was given his third execution date, October 16, 2025. It left his supporters asking, why had others convicted of shaken baby syndrome been exonerated ... when Texas was trying to kill Robert?” – Lester Holt [31:48]

Notable Quotes & Memorable Moments

• Brian Wharton’s Regret:
  “We didn't hear Robert. Robert told us his story and we chose to disbelieve him. We never really listened to Robert and we never asked enough questions based on his story.” [06:48]

• On Irreversible Allegations:
  "It was never corroborated. It was just an allegation, but it got before the jury. You know, those are bullets that don't go back into the gun. You can't take that back once the jury has heard that." – Brian Wharton [04:59]

• Autism Revelation:
  "From the moment we met him in the hospital ... he's a little different, he's a little off. And that answers quite a few questions for us..." – Brian Wharton [06:28]

• Lawmakers' Push for Action:
  “There are just way too many questions, way too many concerns for us to stay silent on this.” – Jeff Leach [23:42]

• Ultimate Solidarity:
  “I love you, Robert. It doesn't matter what the state says and what happens in the next few hours. I love you now, and I will for as long as I endure.” – Brian Wharton, to Roberson on execution night [29:32]

• Supreme Court Dissent:
  “Few cases more urgently call for such a remedy than one where the accused has made a serious showing of actual innocence, as Roberson has here.” – Justice Sonia Sotomayor [30:14]

Key Timestamps for Important Segments

• Start of Brian Wharton’s Reflections: 01:52
• Discussion of Evidence and Prosecutorial Flaws: 03:34–06:04
• Autism and Shaken Baby Science Revelations: 06:17–07:00
• Discovery of Missing CAT Scans: 10:41–11:52
• Court’s Response to New Evidence: 13:51–16:16
• Robert’s Interview Before Execution: 19:06–21:25
• Legislative Hearing and Testimonies: 23:28–26:46
• Subpoena That Stops Execution: 27:23–27:39
• Hours Before the Execution and Temporary Supreme Court Stay: 29:13–31:48

Conclusion

"A Date to Die" is a compelling, emotional narrative that interrogates the strength and vulnerability of the criminal justice system, especially where science, human error, and the ultimate penalty intersect. The episode closes with Roberson’s fate still undecided, leaving lingering questions about justice, mercy, and what it means when the system refuses to admit mistake—echoing powerfully for listeners far beyond Texas.