Dateline NBC: The Last Appeal – Episode 4: The Reckoning

Date: October 10, 2025
Host: Lester Holt

Overview

In this gripping episode of Dateline NBC’s “The Last Appeal,” host Lester Holt explores the high-stakes, deeply controversial case of Robert Roberson, a Texas man facing execution for the death of his two-year-old daughter, Nikki. The episode examines the discredited science of “shaken baby syndrome,” mounting evidence of a wrongful conviction, and the human toll on all involved. As Robert nears a third execution date, a sudden court ruling offers hope—but leaves his fate unresolved. The episode blends personal testimonies, legal maneuvers, and systemic failures, painting a harrowing picture of the intersection between science, justice, and faith.

Key Discussion Points & Insights

1. Robert Roberson’s Ordeal: Facing Death and Hoping for Mercy

• Final Hours Before a Stay
  • Robert recounts the grim choreography of an execution: being stripped, changed, shackled, and driven to the death chamber (01:14).
  • He recalls his "last meal," describing the choices offered and his mix of resignation and prayer (01:52).

“I was walking back and forth, kind of pacing… talking to the Lord, praying to the Lord… I picked [the Spanish rice meal].” – Robert Roberson (01:52)

• Last-Minute Stay
  • With minutes to spare, the Texas Supreme Court halts the execution.
  • One year later, he’s given a new execution date.

“It was a very, very, very long day, sir.” – Robert Roberson (02:40)

• On the Plea Bargain
  • Asked if he regrets not taking a plea deal, Robert is resolute:

“No, I'm glad that I didn't…It's about the truth. It's about the truth.” – Robert Roberson (03:00)

2. A Legislative Maneuver & the Voice of a Changed Juror

• A Stay Won Through Unusual Means

  • In October 2024, lawmakers issue a subpoena for Robert to testify in a legislative investigation, buying him time via legislative privilege (03:34).
  • Texas Attorney General Ken Paxton blocks Robert’s transport, citing legal and safety concerns (03:51).

• Testimony from Advocates and a Juror

  • John Grisham, bestselling author and board member of the Innocence Project, testifies about the dangers of “shaken baby syndrome” convictions:

“Roberts trial was grossly unfair.” – John Grisham (04:48)

• Terry Compton, a juror from Robert’s trial, now believes she made a mistake after learning new medical context and Robert’s autism diagnosis:

“I would have found him not guilty.” – Terry Compton (05:59)

“If Robert is killed, it’s gonna take a toll…It's a certain place of guilt that I'll have to carry…for the rest of my life.” – Terry Compton (06:12)

3. Mounting Evidence & Prosecutorial Intransigence

• State’s Position and Public Pressure

  • District Attorney Allison Mitchell declines to interview, referring media to the AG (07:09).
  • AG Ken Paxton insists that the conviction was based on blunt force trauma, not shaken baby syndrome—contradicted by juror testimony and trial evidence.
  • Despite controversy, the judge sets a new execution date.

• Family of the Victim Responds

  • Nikki’s brother, Matthew Bowman, voices hope for closure—highlighting the family’s pain.

“If they do…my family will finally be able to breathe.” – Matthew Bowman (09:13)

4. Reckoning Over "Shaken Baby Syndrome"

• National Shift in Understanding

  • More than 40 exonerations linked to shaken baby syndrome diagnoses.
  • Courts and the medical field increasingly recognize the “triad” (retinal hemorrhages, brain swelling, bleeding in the brain) lacks scientific reliability (13:12).

• Parallels with Other Exonerations

  • Josh Burns, wrongfully convicted under similar “science” and later exonerated, and Andrew Roark, whose conviction was recently overturned, appear in the episode to spotlight the ongoing crisis.

“It was just a theory from the child abuse pediatrician.” – Josh Burns (12:54)

“How could it be that you were exonerated…and Robert Roberson is now facing death?” – Lester Holt (09:42, 16:03)

5. New Evidence, Potential Judicial Misconduct, and a Possible Turning Point

• Rallying for Robert
  • Supporters—including ex-detective turned advocate Bryan Wharton and defense attorney Gretchen Swinn—gather for a rally at the Texas Capitol (11:56).
  • Wharton’s empathy and transformation underscore the case’s moral stakes:

“If we can’t save someone like Robert, who is so clearly innocent, then truly we’re lost.” – Bryan Wharton (16:56)

• Bombshell: Judicial Conflict of Interest
  • Gretchen Swinn discovers that the judge who presided over Robert’s trial, Judge Bentley, also gave custody instructions in Nikki’s medical care—prior to the arrest—suggesting possible prejudgment (19:09).

“This information shows that this judge had already made a decision that Robert was guilty.” – Gretchen Swinn (19:38)

• Ongoing Legal Battles
  • Gretchen amends her motion within 24 hours to include this new evidence (20:08).

6. Last-Minute Stay – A Twist of Fate

• A Court’s Intervention
  • One week before his scheduled execution, the Texas Court of Criminal Appeals stays Robert’s execution (24:13).

“The bottom line is it says Robert is not going to be killed by the State of Texas.” – Gretchen Swinn (24:36)

• The case is remanded to address whether advances in medical science—already leading to Andrew Roark’s exoneration—should apply to Robert, potentially granting him a new trial (25:36).

“The good news is we live to fight another day. The bad news is…the fight that has been so protracted is not over.” – Gretchen Swinn (25:26)

• Lingering Uncertainty
  • Gretchen is both "elated and saddened"—relieved for the halt, dismayed at the years lost and the arduous road ahead (26:49).

“If we go through it and win, what it will then mean is finally that new trial that we've been fighting for.” – Gretchen Swinn (26:45)

• Robert, after years on death row, remains hopeful:

“No, actually, I’m still hopeful. I still got a lot of hope.” – Robert Roberson (20:44)

Notable Quotes & Moments

• “I had to strip…they gave me a pair of cloth slippers for my feet…belt of the chain around me and handcuffs…” – Robert Roberson (01:23)
• “I would have found him not guilty.” – Terry Compton, juror (05:59)
• “Roberts trial was grossly unfair.” – John Grisham (04:48)
• “Retinal hemorrhages are diagnostic of child abuse… it was just a theory…” – Josh Burns (12:38)
• “This information shows that this judge had already made a decision that Robert was guilty.” – Gretchen Swinn (19:38)
• “Robert is not going to be killed by the State of Texas.” – Gretchen Swinn (24:36)
• “If we can’t save someone like Robert, who is so clearly innocent, then truly we’re lost.” – Bryan Wharton (16:56)

Timestamps for Important Segments

• [01:05–03:12] – Robert’s countdown to execution and thoughts on truth and hope.
• [03:32–06:34] – Legislative intervention; juror reversal; impact of new information on trial outcome.
• [09:45–16:12] – Comparison to other exonerations (Josh Burns, Andrew Roark); reckoning over junk science.
• [16:18–17:08] – Bryan Wharton’s advocacy and emotional appeal at the Capitol rally.
• [18:07–20:10] – Gretchen Swinn’s discovery regarding the judge and rapid legal action.
• [24:13–27:39] – Texas Court stays execution; reactions; outlook on what comes next.

Conclusion

“The Reckoning” captures the raw human drama and evolving legal landscape surrounding Robert Roberson’s case. The episode lays bare the flaws in forensic science, the pain of wrongful conviction, and the persistent hope for justice. Though the clock has stopped for now, the final outcome for Robert remains uncertain—his life caught in the crosscurrents of science, justice, and bureaucracy.

For listeners new to the story, this episode stands as a powerful examination of the fragility of justice and the enduring fight to right past wrongs.