Dateline Originals – The Last Appeal
Episode 3: A Date to Die
Release Date: January 15, 2026
Host/Narrator: Lester Holt
Key Voices: Gretchen Swinn (defense attorney), Brian Wharton (former detective), Robert Roberson, Matthew Bowman (victim's brother), Texas lawmakers
Overview
This episode continues the harrowing story of Robert Roberson, a man on Texas's death row for the alleged shaking death of his two-year-old daughter, Nikki, in 2002. The episode focuses on the unraveling of the case against Roberson, new evidence and legal maneuvering, and the struggle for justice as his execution date looms. Through interviews with his former accuser-turned-advocate Brian Wharton, his attorney Gretchen Swinn, lawmakers, and Robert himself, Dateline explores the devastating impact of faulty science, missing evidence, and the obstacles to overturning a potentially wrongful conviction.
Key Discussion Points & Insights
Gretchen Swinn's Dogged Defense (01:05–07:07)
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2018 Critical Hearing Prep: Gretchen Swinn dedicated thousands of hours, going beyond paperwork to knock on doors—focusing on former chief of detectives, Brian Wharton.
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Wharton’s Transformation: Once chief of detectives involved in Robert's prosecution, now a Methodist minister, Wharton wrestles with doubts about the case.
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Swinn’s Motivation: Sought Wharton because his trial testimony had been "buttoned up," strictly factual, not speculative.
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Revelation of Doubt: Wharton admits the sexual assault allegation against Roberson always disturbed him, especially as there was no supporting forensic evidence.
"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 (05:06) -
Shaken Baby Syndrome Discredited: Swinn explains the collapse of shaken baby science since the original trial. Wharton acknowledges:
"If you remove shaken baby from the conversation, the whole thing falls apart."
— Brian Wharton (05:32) -
Overlooked Medical History: Swinn reveals Nikki’s extensive illness, which was never considered in the initial investigation.
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Roberson’s Autism: Swinn informs Wharton about Robert's autism diagnosis; Wharton realizes their interview approach misjudged Roberson's behavior.
"We didn't hear Robert. Robert told us his story, and we chose to disbelieve him."
— Brian Wharton (06:55) -
Turning Point: Wharton agrees to testify in support of Roberson, a seismic shift in the case.
The Missing CAT Scans and Crucial Evidence (09:34–14:14)
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2018 Hearing: Swinn argues that Nikki’s death was misdiagnosed as abuse due to outdated science, asserting it was a tragic medical event.
"There was no crime. There was this tragic death of a chronically ill child."
— Gretchen Swinn (10:02) -
Search for Missing CAT Scans: Swinn’s persistence leads to discovery of long-lost CAT scans in a courthouse basement, missing for 15 years.
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A Game-Changing Discovery: Radiologist analysis of the scans contradicts prosecution’s story—showing only a single minor injury, with no skull fractures or major trauma.
"What was present...is evidence of a single soft tissue bump...No skull fractures, not even a hairline fracture."
— Gretchen Swinn (13:10)
A Hearing, A Family Divided, and a Judge's Decision (15:04–16:39)
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Detective Testimony for the Defense: Wharton testifies that the original investigation ignored Nikki’s medical history.
"We were chasing an abuse case. We had no notion that any prior medical history was playing into what we were seeing."
— Brian Wharton (15:14) -
Lingering Doubts: Nikki’s brother, Matthew Bowman, expresses painful skepticism of the medical defense.
"My daughter has had pneumonia. Her brain never swollen against her skull. It just doesn’t line up."
— Matthew Bowman (16:15) -
Denied Justice: Despite compelling new evidence, the judge denies a new trial and allows execution to proceed.
"It does feel a bit like I'm trapped in this nightmare where the system just keeps refusing to admit to the mistakes."
— Gretchen Swinn (16:39)
Final Appeals, Forgiveness, and a Fight for Life (17:08–22:59)
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Robert’s Second Execution Date: Swinn files more appeals—all are denied. Roberson receives his "second date to die."
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Wharton’s Remorse and Commitment: The former detective vows to do all he can for Roberson, seeking his forgiveness.
“I owe Robert nothing less. My life in law enforcement, my life in general, has always been about truth and I hope, justice.”
— Brian Wharton (17:43) -
Death Row Interview: Lester Holt visits Roberson, who maintains his innocence and shows no bitterness.
"I'm going through pain because I'd like to believe our justice system would do the right thing... I'm innocent."
— Robert Roberson (20:14) “No fear. Because I know where I'm going. I'm going to heaven to be with Jesus.”
— Robert Roberson (20:42) -
Forgiveness:
"I apologized. I told him I was sorry that I had anything to do with putting him there. We failed you. The system continues to fail you."
— Brian Wharton (21:30) “He asked me for his forgiveness. I forgave him ... There’s no anger in him.”
— Robert Roberson (21:48/22:01) “Bitterness only hurts. If I don’t forgive, it hurts me holding bitterness.”
— Robert Roberson (22:05)
Rising Political Pressure (22:59–24:10)
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Awareness Grows: National coverage leads to 86 Texas lawmakers—including Republicans—requesting mercy from the Governor and Board of Pardons.
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Bipartisan Emergency Hearing: Reps. Jeff Leach (R) and Joe Moody (D) convene a special hearing on the "junk science law" used to halt executions based on discredited evidence.
"The new science evidence matters. He needs to be afforded that relief. There are just way too many questions."
— Jeff Leach (24:05)
The Capitol Showdown (24:20–27:46)
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Testimonies Heard: Experts, Wharton, prosecutors, and Swinn testify before the Texas Criminal Jurisprudence Committee.
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Prosecution’s Lapses: Anderson County District Attorney Allison Mitchell cannot answer basic questions about the original trial.
"I would expect...for you, to have more personal knowledge of the trial record..."
— Brian Wharton, to DA Mitchell (26:20) -
Gretchen Swinn’s Closing Plea:
"Part of what I have struggled with in this case is what on earth more could I have done? And that will trouble me."
— Gretchen Swinn (27:09) -
Lawmakers Intervene: The committee subpoenas Roberson to testify at the Capitol—after his scheduled execution—forcing a court to halt the execution if the subpoena is to be honored.
The Final Hours (28:30–32:09)
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Race Against the Clock: Roberson is transferred to the execution chamber in Huntsville hours before death, with Brian Wharton among his chosen witnesses.
"He's asked me to be present, and I owe that to you."
— Brian Wharton (29:36) “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 (29:55) -
Last-Minute Legal Twists: Temporary stay granted, quickly vacated; lawmakers rush to the Texas Supreme Court.
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Temporary Reprieve: Less than two hours before midnight, the Texas Supreme Court blocks the execution—"at least for now."
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A Third Date: A year later, Roberson is again scheduled for execution, with his advocates asking why similar cases led to exonerations, but not his.
Notable Quotes & Time Stamps
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On the case’s emotional toll and system’s refusal:
"There’s just this ostrich approach. We will not see it. We will not acknowledge it. Denied. Deny."
— Gretchen Swinn (16:39) -
On the impact and responsibility:
“We never really listened to Robert, and we never asked enough questions based on his story.”
— Brian Wharton (06:55) -
On shaken baby evidence:
"If you remove shaken baby from the conversation, the whole thing falls apart."
— Brian Wharton (05:32) -
On personal reckoning and forgiveness:
“Bitterness only hurts. If I don't forgive, it hurts me holding bitterness.”
— Robert Roberson (22:05) -
In the final hours:
“There is literally a life hanging in the balance.”
— Brian Wharton (24:52) "I love you, Robert...I love you now, and I will for as long as I endure."
— Brian Wharton (29:55) -
On political intervention:
“He needs to be afforded that opportunity...there are just way too many questions...”
— Jeff Leach (24:05) -
On stunned legal developments:
“In an unprecedented and deliberate maneuver, the lawmakers subpoenaed Robert to appear at the State Capitol...meaning to honor the subpoena, Robert would have to stay alive.”
— Lester Holt (28:02) -
On the mounting public scrutiny:
"The whole world is watching."
— Gretchen Swinn (32:49)
Key Timestamps
- 01:05 — Gretchen Swinn’s exhaustive investigation begins
- 02:54 — Gretchen meets Brian Wharton, and he agrees to talk
- 05:06 — Wharton reflects on uncorroborated sexual assault allegations
- 06:25 — Revelation: Robert’s autism and misunderstood behavior
- 07:07 — Wharton agrees to support Robert’s appeal
- 09:34 — Swinn’s 2018 hearing presentation
- 11:20–12:24 — Discovery of the missing CAT scans
- 13:10 — Radiologist’s report undermines prosecution theory
- 15:14 — Wharton publicly acknowledges case mistakes
- 16:39 — Judge denies new trial, execution proceeds
- 20:14 — Robert’s reflections in his death row interview with Lester Holt
- 21:30–22:01 — Emotional forgiveness exchanged between Robert and Wharton
- 22:59 — National political attention, lawmakers get involved
- 24:20 — Texas House committee emergency hearing
- 27:09 — Gretchen Swinn’s emotional testimony
- 28:02 — Legislative subpoena triggers historic showdown
- 29:36–30:07 — Wharton’s resolve and love for Robert
- 32:09 — Texas Supreme Court blocks the execution temporarily
- 32:51 — Lead-in to the next episode: “The whole world is watching.”
Memorable Moments
- Gretchen Swinn finding lost CAT scans locked in a basement after 15 years—evidence that could exonerate Robert Roberson.
- Brian Wharton, the former detective whose investigation helped put Robert on death row, isn’t just doubting himself—he’s actively fighting for Robert’s life.
- Robert and Wharton’s powerful moment of forgiveness on death row, with both men in tears, embodying the human costs of wrongful convictions.
- The Texas legislature’s extraordinary decision to subpoena an awaiting-execution prisoner, a life hanging on a legal technicality.
- Repeated last-minute stays and collective action from both sides of the political aisle underscore a case that is testing the entire system, raising questions about justice, science, and redemption.
Conclusion
Episode 3, "A Date to Die," plunges deep into the heartbreak, determination, and confounding obstacles in Robert Roberson’s struggle for justice. The voices of his attorney and his one-time accuser add depth and pain to a story where science, law enforcement, and politics collide—leaving a man’s life in the balance up to the very last minute. The episode ends on a cliffhanger, with Robert granted only a temporary reprieve, and the entire world now watching what Texas will do next.