The Last Appeal - Ep. 2: “I’m Astonished”

Summary

---

Dateline Originals: The Last Appeal

Episode 2: “I’m Astonished”
Host: Lester Holt (NBC News)
Original Release: January 15, 2026

---

Episode Overview

In this gripping installment, Dateline delves deeper into the case of Robert Roberson, a Texas father on death row for the death of his two-year-old daughter, Nikki. The episode explores critical flaws in the investigation and prosecution, questions the now-discredited “shaken baby syndrome” diagnosis, unveils new insights into Nikki’s health, and exposes the troubled defense Robert received at trial. With newly surfaced perspectives and emotional testimony, the narrative challenges whether Texas may be preparing to execute an innocent man.

---

Key Discussion Points and Insights

1. Robert Roberson’s Denials and Story

• Robert’s Claim of Innocence

  • Robert, facing execution, maintains that he did not harm his daughter Nikki and has never wavered in this assertion.
  • “No, sir, I did not harm my daughter.” – Robert Roberson (00:58)
  • Describes the day Nikki fell out of bed and his disbelief at how quickly suspicion turned toward him.

• Immediate Suspicion by Authorities

  • Medical staff doubted Robert’s account and quickly involved law enforcement.
  • “They didn’t believe my story. They called the detectives in…” – Robert Roberson (01:38)

---

2. The Shaken Baby Syndrome Debate

• History and Rise of Shaken Baby Diagnosis

  • The episode traces the rise of shaken baby syndrome in the legal system, referencing the 1997 “nanny trial” of Louise Woodward as a cultural turning point (05:13).
  • Lester Holt underscores how the triad of symptoms (brain swelling, brain bleeding, retinal bleeding) became nearly synonymous with criminal shaking—even as the scientific basis eroded over time.
  • Notable Quote: “It became a sort of easy way into jail.” – Dr. Norman Guthkelch (06:58)

• Discrediting the Science

  • Recent scientific developments reveal these symptoms can be caused by multiple ailments—falls, infections, or oxygen deprivation—not just abuse (06:10).
  • Texas passes a “junk science” law allowing convictions based on outdated science to be challenged (07:26).

• Legal Strategy to Halt Execution

  • Defense attorney Gretchen Swinn scrambles to file a “junk science writ” to halt Robert’s execution, managing to win a new hearing (07:47, 08:06).

---

3. Nikki’s Medical History: What the Jury Never Heard

• Contradictory Portrayals of Nikki’s Health

  • Nikki's grandparents recall her as generally healthy, while Gretchen’s investigation paints a drastically different picture from medical records.
  • “This child has been sick from day one.” – Gretchen Swinn (11:19, 15:23)

• Chronic Illness and Risky Medications

  • Nikki had over 40 medical visits, recurring fevers, infections, sleep apnea, and hospitalizations before her death (11:36, 12:00).
  • Days before her death, Nikki was prescribed Phenergan and codeine—drugs later found to be dangerous for young children with respiratory issues (12:09, 13:17).

• Trial Oversight

  • The defense failed to present Nikki's extensive medical history, dismissing it as irrelevant, severely limiting the jury’s understanding.
  • “Yet at trial, all of her medical history was dismissed as minor, insignificant, not relevant to any of this.” – Gretchen Swinn (15:23)

---

4. Defense Failures and Strategic Missteps

• Steve Evans, the Trial Attorney

  • Evans, Robert’s original defense attorney, appeared to endorse the shaken baby narrative, allegedly sabotaging his own client.
  • Notable Quote: "I almost cannot believe what I'm reading." – Gretchen Swinn (15:50)
  • Trial Transcript Confusion: While Evans claims he defended Robert by denying a shaking incident, court transcripts show he referred to it as “a shaken baby case,” undermining the accidental fall theory (16:29, 16:54).
  • Even Evans later admits, “I’m astonished by what you’ve related of the transcript.” (17:43)

• Effect on Verdict

  • Evans describes how, in capital cases, sometimes the defense aims only to save a client’s life, not exonerate. “You save their life.” (18:04)

---

5. Insights into Robert’s Personality and Perception

• Community Testimonials

  • Interviews with family and friends, including his brother Thomas and sister-in-law Jennifer, describe Robert as gentle and loving—never violent, especially towards Nikki (20:49-21:17).
  • “He worries more about you than he worries about himself.” – Gretchen Swinn (20:57)

• Behavior Under Scrutiny

  • Others, such as defense investigator Rex Olson, note Robert’s atypical responses and lack of guile, likening him to “Rain Man” (22:38).

• Diagnosis and Misinterpretation

  • Gretchen reveals Robert’s diagnosis with autism, explaining his flat affect and unconventional emotional responses, which may have been misinterpreted as suspicious or uncaring (23:19-24:57).
  • “He has no guile. He does not lie. He takes everything very literally.” – Gretchen Swinn (24:01)
  • Witnesses testified about his “flat affect,” misjudging his autistic characteristics for guilt (24:24).

---

6. Questionable Witness Testimony and Compelled Statements

• Challenging Accusations of Abuse

  • Gretchen revisits witness statements, including those from Robert’s girlfriend and her relatives.
  • Sister-in-law Patricia Conklin asserts under oath that Robert was never abusive.
    • “What I saw was a loving father... He does not have a mean bone in his body.” – Patricia Conklin (26:44)
  • Patricia alleges Child Protective Services pressured her and her sister to accuse Robert by threatening to take their children (27:17).

• Official Response

  • Texas CPS declines to comment. Teddy, Robert’s ex-girlfriend, is unavailable for follow-up (27:45).

---

Notable Quotes & Memorable Moments

• “I just always had that hunger. I want to do something meaningful.” – Gretchen Swinn (03:03)
• “I almost cannot believe what I’m reading.” – Gretchen Swinn (08:38, 15:50)
• “He is a little slow, but I never saw him be mean to anybody.” – Patricia Conklin (26:52)
• "If a person would kill a child, then why would they bring a child to the hospital?" – Thomas Roberson, Robert’s brother (21:25)
• "He has autism. He’s in this state of shock. ... When you’re experiencing high stress, you actually shut down." – Gretchen Swinn (24:41)
• "Case workers with CPS came to me wanting me to report that I had seen Robert mistreating Nikki... We were both threatened with having our kids taken away from us if we didn’t get on board with accusing Robert." – Patricia Conklin (27:17)

---

Important Segment Timestamps

| Timestamp | Topic/Highlights | |-----------|-----------------| | 00:48-01:07 | Robert swears innocence; did not harm Nikki | | 03:13-04:26 | Gretchen’s legal career; intake of Robert’s case | | 04:37-06:10 | Origins and impact of shaken baby syndrome in US courts | | 06:58 | Dr. Guthkelch criticism of syndrome’s misuse | | 07:26-08:06 | Filing the “junk science” writ and halting execution | | 10:58-12:09 | Nikki’s medical history: chronic illness overlooked at trial | | 13:17 | Dangerous medications given to Nikki | | 15:23 | Medical history dismissed as “irrelevant” at trial | | 16:29-17:54 | Defense’s confusion and key transcript contradiction | | 23:19-24:57 | Robert’s autism diagnosis and misunderstood courtroom demeanor | | 26:44-27:45 | Patricia Conklin affidavit: No abuse and CPS pressure claims |

---

Episode Tone and Style

The episode maintains Lester Holt’s signature calm, measured, and investigative tone. The narration constructs an empathetic portrait of Robert Roberson while systematically breaking down legal, forensic, and procedural missteps. Key contributors, including attorney Gretchen Swinn, provide passionate, sometimes astonished, commentary about the flaws that have shaped the case.

---

Closing Tease

Gretchen is on the trail of the lead detective from Robert’s original case, with the episode ending on promises of further revelations in the next chapter.

---

This summary covers all major themes and developments from episode two, 'I’m Astonished,' of Dateline’s The Last Appeal. Perfect for listeners seeking to grasp the ongoing fight for justice in the Roberson case and the pitfalls of “junk science” in the American legal system.

Transcript

[Olivia]

Hey, it's Olivia from Ollie. Is it just me or are these wellness trends getting ridiculous? Protein tracking, biohacking. It's too much. Start small with Ollie's daily multivitamin. Just two gummies a day. Help support your immune system, heart and bone health. It's that easy. Less tracking, more doing. You boo. Go to olly.com to learn more. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.

[Lester Holt]

Ollie.

[Birch Lane Announcer]

Hey, neighbor. Celebrate all things spring with Birch Lane, our timeless furniture and decor are delivered for free in days, not weeks. It's classic style for joyful living. Shop Birch Lane, a Wayfair specialty [e-mail].

[Lester Holt]

You're about to be put to death.

[Robert Roberson]

Yes, sir.

[Lester Holt]

I have to ask you, did you harm your daughter Nikki?

[Robert Roberson]

No, sir, I did not harm my daughter.

[Lester Holt]

Did you ever violently shake her?

[Robert Roberson]

No, sir.

[Lester Holt]

You did nothing that led to her death?

[Robert Roberson]

No, sir.

[Lester Holt]

Robert Roberson is scheduled to die on October 16, 2025. He's been on death row in Texas for 22 years, convicted of killing his two year old daughter, Nikki. Robert insists he's innocent from the beginning. He said Nikki fell out of bed and hit her head. And you told the medical staff that she had fallen?

[Robert Roberson]

Yes, sir.

[Lester Holt]

And what did they say to that?

[Robert Roberson]

They didn't believe my story. They called the detectives in the police department in.

[Lester Holt]

Did you understand why?

[Robert Roberson]

I didn't understand because I brought her to the hospital and stuff, you know. Then the next thing you know, the way they was acting kind of funny and stuff, strange and stuff. Act like I did something, you know?

[Lester Holt]

Robert swears he would have never hurt his little girl.

[Robert Roberson]

I'm not sure what happened to her because I can't explain what happened to her exactly.

[Lester Holt]

The state says it knows exactly what.

[Gretchen Swinn]

Happened based on the totality the evidence is. I've stated a murder took place here.

[Lester Holt]

But what if Robert is telling the truth?

[Patricia Conklin]

I saw Robert with Nikki many times. What I saw was a loving father.

[Gretchen Swinn]

If they go through with it, they're killing an innocent man.

[Lester Holt]

I'm Lester Holt and this is the Last Appeal, a podcast from Dateline. Episode two. I'm astonished. One, two, three, four. We'll be chatting like this. Hello, Lester.

[Gretchen Swinn]

Gretchen.

[Lester Holt]

Pleasure. Thank you so much. Thank you very much for doing this. Gretchen Swinn doesn't look like the kind of lawyer who would pick a fight with the state of Texas. You're from Texas, right?

[Gretchen Swinn]

Right here.

[Lester Holt]

Oh, my goodness. She's five foot two, calm, measured, Approachable. But beneath that demeanor, Gretchen is a bulldog, relentless.

[Gretchen Swinn]

I just always had that hunger. I want to do something meaningful.

[Lester Holt]

She began her career as an actress in local theater productions. But in her mid-30s, she gave up the stage for law school.

[Gretchen Swinn]

I always had this sort of dueling force in myself, this sort of artist and then the social activists and had trouble putting them together.

[Lester Holt]

About a decade ago, Gretchen was working at a Texas public defender's office that handles death penalty cases when she first heard the name Robert Roberson. Turns out Robert's upcoming execution on October 16th is not the first time he's had a date to die.

[Gretchen Swinn]

This was like April 2016 and he had a June 2016 execution date. So it was a crisis situation. There was this commotion with Robert, who was trying to get lawyers to take on his case. He long claimed he was innocent, and yet nobody had ever investigated that claim.

[Lester Holt]

So one of her colleagues asked her to take a look at Robert's case. Stacks of paperwork landed on her desk. Gretchen had no clue whether or not Robert was innocent. But she wanted to know more after learning that shaken baby syndrome had been a key argument to prove Robert's guilt.

[Gretchen Swinn]

So I said yes, not really knowing entirely what I was getting into. And there was that race against the clock. And got a PhD in shaken baby very fast.

[Lester Holt]

The theory of shaken baby syndrome was this. If a child showed three symptoms. Swelling in the brain, bleeding on the brain and bleeding behind the ey, also known as the triad, there was only one cause, violent shaking. A young British nanny went to America for a job opportunity. Now she's in big trouble. Accused of shaking a baby to death. Most of America first heard of shaken baby syndrome in 1997 because of a case that made international headlines. Today we focus on what has become.

[Gretchen Swinn]

Known as the nanny trial.

[Lester Holt]

Louise Woodward, a British nanny, was charged with murder when Matthew Epon, an 8 month old baby, died in her care. Doctors found that triad of symptoms. Concluding Matthew had been shaken to death.

[Patricia Conklin]

An angry Woodward lost control, violently shook the little boy.

[Lester Holt]

At her trial, Woodward's attorney Barry Scheck argued that shaken baby syndrome was junk science. That's not true. That's not science. Not based on the data. The jury sided with the prosecution.

[Robert Roberson]

After 27 hours of deliberation, the jury in the so called nanny trial of 19 year old Louise Woodward came in with a conviction.

[Lester Holt]

The nanny trial sparked an awareness campaign. Billboards on highways, urgent public service announcements.

[Birch Lane Announcer]

Some things you shake, some things you don't.

[Gretchen Swinn]

Never, never, never shake, shake a baby.

[Lester Holt]

Prosecutors began to use shaken Baby syndrome to charge people with crimes like child abuse or murder. In courtrooms from coast to coast, convictions piled up. Robert Roberson's was one of them. But over time, certainty about the shaken baby diagnosis crumbled. Obviously, shaking a baby can cause catastrophic damage. But new research proved the triad of symptoms could be explained by other therapists. Things like a fall, an infection, a loss of oxygen. Even Dr. Norman Guth Kelch, who first suggested the theory in the early 1970s, reversed course, warning that prosecutors were overcharging people. Here he is in a 2015 interview with the Retro Report.

[Robert Roberson]

I was against defining this thing as a syndrome in the first instance. To go on to say, every time you see it, it's a crime. It became a sort of easy way into jail.

[Lester Holt]

Gretchen thought the controversy about shaken baby syndrome was an opening for Robert.

[Gretchen Swinn]

The shaken baby diagnosis used to convict him had been discredited.

[Lester Holt]

In 2013, Texas had passed a law enabling people convicted on the basis of outdated or discredited science to file something commonly called a junk science writ to request a new day in court. As Robert's 2016 execution date was fast approaching, Gretchen made her move.

[Gretchen Swinn]

We filed within days of the execution. Literally, we ran a box down the street to the court to make sure they back in that point. They wanted paper copies and make sure they had it. We had to file it in Palestine itself. Clock is ticking.

[Lester Holt]

It was a Hail Mary and it worked. A judge halted Robert's execution. But Gretchen's work was just getting started. She'd won Robert a new hearing, a chance to argue that he should be given a new trial. It was going to be an uphill battle. She had to counter the doctors who testified that Nikki had been shaken and abused. So if Nikki wasn't the victim of shaken baby, could there be a different explanation? Gretchen was determined to find out.

[Gretchen Swinn]

I almost cannot believe what I'm reading.

[Olivia]

Hey, it's Olivia from Ollie. Is it just me, or are these wellness trends getting ridiculous? Protein tracking, biohacking. It's too much. Start small with Ollie's daily multivitamin. Just two gummies a day. Help support your immune system, heart and bo. It's that easy. Less tracking, more doing. You boo. Go to o l l y.com to learn more. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

[Robert Roberson]

Ollie.

[Babs]

Hey, everybody, it's Babs. I am so excited to tell you about Birch Lane, a brand that shares my passion for classic style and joyful living. Their classic furniture and decor helps you celebrate it all. From big holiday gatherings to everyday moments at home, each piece is carefully crafted and delivered fast and free so you can celebrate what matters most. Shop my hand picked Birch Lane collection and more classic [e-mail].

[Lemonade Pet Insurance Announcer]

If you're an experienced pet owner, you already know that having a pet is 25% belly rubs, 25% yelling drop it. And 50% groaning at the bill from every vet visit. Which is why Lemonade pet insurance is tailor made for your pet and can save you up to 90% on vet bills. It can help cover checkups, emergencies, diagnostics, basically all the stuff that makes your bank account nervous. Claims are filed super easy through the Lemonade app and half get settled instantly. Get a'@lemonade.com pet and they'll help cover the vet bill for whatever your pet swallowed after you yelled drop it.

[Lester Holt]

Gretchen Swinn had stopped the clock on Robert's execution. She'd won him a hearing, forcing Texas to re examine the shaken baby science that helped convict Robert. But before she faced a judge, Gretchen wanted to dissect the evidence and find out if anything could have been overlooked. She began by learning about Nikki's medical history. When I spoke with Nikki's grandparents, Larry and Verna Bowman, they told me Nikki had always been a healthy little girl.

[Robert Roberson]

I mean, other than regular doctor visits, she never really had no problems. She had her little bouts with cold and stuff like that, but she was in good health.

[Lester Holt]

But that's not what Gretchen read in Nikki's medical records. Far from it.

[Gretchen Swinn]

I started looking, I was like, this child has been sick from day one. If you look at her medical records, you see a child who had been sick almost her entire life, starting at eight days old.

[Lester Holt]

In Nikki's short life, she'd suffered from constant infections, repeated fevers, possible seizures. Gretchen saw that Nikki had been taken to a doctor more than 40 times before Robert had custody of her. Not only that, she learned Nikki had experienced episodes of breathing apnea and had been rushed to the hospital by her grandparents.

[Gretchen Swinn]

On several occasions, she would inexplicably stop breathing, collapse, turn blue, and then have to be revived.

[Lester Holt]

But to Gretchen, the most explosive information was this. The week Nikki died, she had been terribly sick. When Robert brought Nikki to the Palestine Hospital, it wasn't the first time he'd taken her there. Three days earlier, because Nikki had a fever, was vomiting, coughing, congested, and had diarrhea, a doctor prescribed Nikki a powerful drug called Phenergan, a medication that now has an FDA black box warning for children under 2 because of the risk of respiratory failure and even death. The day after Nikki was given that medication, Robert asked her grandparents, the Bowmans, to watch her. He said he wanted to be with his girlfriend Teddy, who was in the hospital recovering from that surgery. But Nikki was getting worse. The Bowmans took her to a doctor again. Her fever had spiked to 104.5 degrees. Nikki was diagnosed with a respiratory infection and given more Phenergan. This time it was mixed with codeine, a narcotic.

[Gretchen Swinn]

We're talking about a two year old child who is having breathing difficulties. Both of these drugs, phenergan and codeine, are associated with suppressing breathing and causing fatalities.

[Lester Holt]

Nikki's grandparents told us Nikki had always been healthy. We asked them about her long medical history. How do you reconcile this narrative out there that she was a sickly child?

[Robert Roberson]

That's them trying to make people feel sorry for Robert. She had her little cold, you know, obviously we don't know anything, but what's in the record from her hospital visits. Yeah. Was that she had sleep apnea. She had surgery on her ears with tubes in. Yeah, she did have that. She had like she had gone to the hospital or the doctor more than 40 times in two years. That's what the record says.

[Patricia Conklin]

42.

[Robert Roberson]

Other than her normal visits, she. I mean, we took her everywhere she went. I don't know.

[Lester Holt]

What we do know is that 24 hours after the Bowmans took Nikki to the doctor with a 104.5 degree fever, they called Robert telling him to pick her up.

[Gretchen Swinn]

They live out in the country. She's been sick. But he, of course he's going to do right by this child. He goes out there, they put crying Nikki in the car seat and he drives her home to his little rental house.

[Lester Holt]

By the next morning, Robert was driving his daughter back to the hospital saying she'd fallen off the bed. Kelly Garganis, the nurse who first saw Nikki that morning, said the ER doctor immediately recognized Nikki. He was the same doctor who had prescribed Phenergan three days earlier. When Robert took her there, the doctor.

[Patricia Conklin]

That assessed her, his words to me were, kelly, what did I miss?

[Lester Holt]

Gretchen hired experts to examine Nikki's records. They concluded she'd been fighting pneumonia and the medication made everything worse.

[Gretchen Swinn]

This child has been sick from day one. Isn't that meaningful? Yet at trial, all of her medical history was dismissed as minor, insignificant, not relevant to any of this. And that is completely contrary to contemporary medical understanding. It also wasn't accurate.

[Lester Holt]

Robert's jury never heard the extent of Nikki's long medical history, his lawyer, Steve Evans, had a different strategy.

[Gretchen Swinn]

I almost cannot believe what I'm reading.

[Lester Holt]

As Gretchen studied the trial transcript, she thought Evans sounded more like a prosecutor than a defense attorney.

[Gretchen Swinn]

I mean, this trial was so fraught with due process problems. This guy never had a fighting chance.

[Lester Holt]

Evans never argued Robert was not guilty. Instead, he agreed with the prosecution, telling the jury, this is a shaken baby case. We were confused about that. And when I spoke with Evans, he was too. You make your opening statements, you tell the jury this is not a capital case. This is a shaken baby case.

[Robert Roberson]

No, I never told him there was a shaken baby case. I told him it wasn't a shaken baby case. This was an accidental drop case.

[Lester Holt]

I'm looking at the transcript from the opening and you say this is not a capital case and the evidence will not support it. This is, however, unfortunately, a shaken baby case. This seems, seems to have you saying that this was a shaken baby case.

[Robert Roberson]

I don't recall ever saying that it was a shaken baby case. That was anathema to my soul, basically. I recall as I recall it because if you admit shaken baby, you're admitting the basically mechanics of death. You're admitting that this wouldn't be an accident. This would not be something that was unintentional, it would be intentional.

[Lester Holt]

Evans had just acknowledged to me that his words may have sabotaged his own client. And then at the end of the trial, you're closing arguments. Yes. I came here in opening and presented to you that there is a responsibility in this case. Yes, this is a shaken baby case, but no, this is not a murder case.

[Robert Roberson]

Right. I don't believe it was a shaken baby case. And I'm astonished by what you've related of the transcript. I defer to the transcript, of course. Course.

[Lester Holt]

He told us his goal was to persuade the jury that Robert didn't mean to kill Nikki, that even if it was a shaken baby case, her death was an accident.

[Robert Roberson]

Here's how you define a win in capital cases. You save their life. I. I still beat myself up as was there any other way, because to me, the chance of him getting death was very high. Because of the nature of the case.

[Lester Holt]

Gretchen believes Steve Evans failed Robert. She was determined not to do the same thing. And she was about to uncover information about Robert that changed the way she saw him and the entire case.

[Gretchen Swinn]

No one believed him. And that sickens me. I've always told him, I'm not walking away from this.

[Lester Holt]

Robert.

[Olivia]

Hey, it's Olivia from Ollie, Is it? Just me or are these wellness trends getting ridiculous? Protein tracking, Biohacking? It's too much. Start small with Ollie's daily multivitamin. Just two gummies a day help support your immune system, heart and bone health. It's that easy. Less tracking, more doing. You boo. Go to olly.com to learn more. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.

[Babs]

Ollie hey everybody, it's Babs from Brunch with Babs. And do I have a tip for you. If you share my passion for classic style and joyful living, you're gonna love Birch Lane. Their timeless furniture and decor is carefully crafted to bring joy to your home for years to come, just like the memories you make there. Plus, it's delivered fast and free. Shop my hand picked Birch Lane collection and more classic [e-mail].

[Lemonade Pet Insurance Announcer]

If you're an experienced pet owner, you already know that having a pet is 25% belly rubs, 25% yelling drop it. And 50% groaning at the bill from every vet visit. Which is why Lemonade Pet insurance is tailor made for your pet and can save you up to 90% on vet bills. It can help cover checkups, emergencies, diagnostics, basically all the stuff that makes your bank account nervous. Claims are filed super easy through the Lemonade app and have get settled instantly. Get a'@lemonade.com pet and they'll help cover the vet bill for whatever your pet swallowed after you yell drop it.

[Lester Holt]

We've been driving across Texas finding new details about Nikki's short life. But there was more to learn about Robert and who he was in the years leading up to his daughter's death. His younger brother Thomas and his wife Jennifer agreed to speak with me in Palestine, where Thomas and Robert grew up.

[Robert Roberson]

When people see his name and they read that he murdered his daughter, they're not reading the whole story.

[Gretchen Swinn]

He's kind and gentle and he worries more about you than he worries about himself.

[Robert Roberson]

When Robert finally started seeing little Nikki, he had such a big smile on his face.

[Lester Holt]

Did he ever raise a hand on Nikki that you know of?

[Robert Roberson]

No.

[Lester Holt]

Did he spank her or.

[Robert Roberson]

I've never seen him spanking her.

[Lester Holt]

Obviously it's, you know, just the idea that someone could kill a child is shocking and difficult to accept.

[Robert Roberson]

Well, I mean, if a person would kill a child, then why would they bring a child to the hospital?

[Gretchen Swinn]

We have lots of questions.

[Birch Lane Announcer]

There's just a lot of things that.

[Gretchen Swinn]

People aren't taking into account in this story.

[Lester Holt]

There. One of the first people to ask questions after Robert's 2002 arrest was his court appointed defense investigator, the only one in town. Hey, Lester.

[Robert Roberson]

Oh, well, y' all got here good.

[Lester Holt]

Yeah, we stopped up, grabbed a few provisions. His name is Rex Olson. He told us he'd known Robert for years.

[Robert Roberson]

He used to deliver my newspaper right here. He'd drive by and put it in there and just say hello.

[Lester Holt]

Rex said he had had other clients accused of child abuse and Robert didn't act like any of them.

[Robert Roberson]

He knew that child was injured and he got up to the hospital. I've had two or three of those death cases. They never ever do that.

[Lester Holt]

So in your view, he acted like a concerned father would?

[Robert Roberson]

Yeah.

[Lester Holt]

What was your impression of Robert once, Once you started working on the case?

[Robert Roberson]

You know, he had strange thing, this guy. This guy could handle some numbers. Way about me, he could calculate his money and his saving money and stuff. It's. He reminds me of that movie, Rain Man. Yeah, there was a little taste of that with him, with Robinson. I don't see him as someone wanting to or really even though to hurt someone.

[Lester Holt]

Gretchen also thought there was something a little different about Robert. She noticed it the first time she spoke with him. It was in 2016, right after she won him that stay of execution and a hearing.

[Gretchen Swinn]

And we had him on speakerphone and, you know, a handful of us were there to try to break the good news. And he sounded like he couldn't comprehend who we were, what had happened. But I also realized this man is so impaired. You know, he had this very pronounced stammer and this sort of childlike way of speaking, and he was trying to explain something about a bag of chips and suddenly it was like a light bulb for me.

[Lester Holt]

Gretchen had Robert evaluated by a neuropsychologist. He was diagnosed with autism.

[Gretchen Swinn]

As I got to know Robert, as he's so much more than just a very impaired person, the best analogy I can give is that he's like Forrest Gump. He has no guile. He does not lie. He takes everything very literally.

[Lester Holt]

She thought back to those witnesses who had described Robert's demeanor as suspicious.

[Patricia Conklin]

He had a total flat affect, no.

[Gretchen Swinn]

Emotion, no, no nothing.

[Olivia]

That's not wrong.

[Robert Roberson]

He's not responding to us in a typical way. There was just something off.

[Lester Holt]

How he hadn't called 911, how he made a ham sandwich while his daughter was fighting for her life.

[Gretchen Swinn]

He has autism. He's in this state of shock. And one of the fundamental symptoms of autism is that when you're experiencing high stress, you actually shut down. Your ability to convey your emotions becomes even more crippled.

[Lester Holt]

Gretchen was curious if the witnesses who testified against Robert would have felt differently if they'd known about Robert's autism.

[Gretchen Swinn]

I wondered if that would make any difference to some of these witnesses who had judged him really quite harshly as an unfeeling, uncaring person. Because he, you know, they kept talking about he just sat there. He sat slumped in a chair. He didn't cry, he didn't make eye contact. Well, all of that means something different if you understand his disability.

[Lester Holt]

She jumped in her car and went looking for Robert's girlfriend, Teddy Cox. His girlfriend at the time said he shook Nikki. His girlfriend's daughter and niece said that Robert abused Nikki. It sounds pretty damning.

[Gretchen Swinn]

His girlfriend had never told anybody that Robert was abusive. She admitted on the stand she'd been hospitalized for mental health breakdown. Not a credible witness.

[Lester Holt]

When Gretchen found Teddy, they didn't talk long. Gretchen says Teddy seemed confused and wasn't making sense. Later, Gretchen's private investigator tracked down Teddy's sister, Patricia Conklin, the defense witness at Robert's trial. The investigator asked Patricia to record her sworn affidavit.

[Robert Roberson]

Today I'm at the home of Patricia Conklin. Ms. Conklin is going to read a declaration that she had signed in a case that I've been with working on, which is the Robert Roberson case. Okay, go ahead, Patricia.

[Patricia Conklin]

I received my nursing degree at Trinity Valley College in 2003. I have been working as a nurse ever since.

[Lester Holt]

Patricia said that Robert was never anything but loving towards his daughter.

[Patricia Conklin]

But I saw Robert with Nikki many times. What I saw was a loving father. He was attentive, encouraged Vicki to play, and was never dismissive or short with her. I never saw him do anything hurtful to her. Robert does not have a mean bone in his body. He is a little slow, but I never saw him be mean to anybody.

[Lester Holt]

And then Patricia made a jaw dropping accusation. She said Child Protective services came to speak with her sister Teddy and her before the trial.

[Patricia Conklin]

Case workers with CPS came to me wanting me to report that I had seen Robert mistreating Nick. Teddy and I talked about this. We were both threatened with having our kids taken away from us if we didn't get on board with accusing Robert. I'm a stronger person than my sister and had better understanding of my rights. This pressure did not work on me. But Teddy is different. And when she is scared, she tends to tell people what she thinks they want. To hear.

[Lester Holt]

We reached out to the Texas Department of Family and Protective Services to ask for comment. The agency declined. We were unable to track Teddy down. Gretchen was now convinced Robert was actually innocent. But there was one more person Gretchen wanted to speak with, an important one. You've done a lot of door knocking.

[Gretchen Swinn]

One of the people I wanted to talk to was the former lead detective.

[Lester Holt]

Next time on the Last Appeal, we.

[Gretchen Swinn]

Were able to pray with Robert.

[Birch Lane Announcer]

It was just a very moving experience.

[Robert Roberson]

As a death penalty supporter myself, there.

[Lester Holt]

Are just way too many questions, way too many concerns for us to stay silent on this.

[Robert Roberson]

I told her, I've kind of been expecting you. So, yeah, come on in.

[Lester Holt]

The Last Appeal is a production of Dateline and NBC News. It is written and produced by Dan Slappian, Liz Brown Kurloff and Lynn Keller. Our field producers are Nick McElroy and Rachel Young. Our associate producer is Sam Springer. It's edited by Colin Dow and Greg Smith, Deb Brown and David Varga. From NBC News. Audio sound mixing by Rob Byers, Joe Plourd, Rick Kwan with help from Rich Cutler. Head of audio production is Bryson Barnes. Paul Ryan is executive producer and Liz Cole is senior executive producer of Dateline.

[Birch Lane Announcer]

Hi, neighbor. Welcome to Birch Lane, your home for classic furniture and decor. Make the most of every special moment this spring with new beds and dressers, home reno essentials and more. Our timeless styles are crafted to bring joy for years to come and delivered fast and free so you can celebrate what matters most. Its classic style for joyful living. Shop Birch Lane, a Wayfair specialty [e-mail].