
Days before Robert Roberson's scheduled execution, his lawyer scrambles to save his life. The Texas Court of Criminal Appeals weighs in. This episode originally published on October 9, 2025.
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Gretchen Swinn
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Lester Holt
In October 2024, Robert Roberson was less than two hours away from dying when he won a last minute stay.
Robert Roberson
That was a long day.
Lester Holt
He recently shared with me what hardly anyone lives to describe the choreography of an execution. The hours leading up to his own death.
Robert Roberson
I had to strip and they gave me some, some other fresh clothing and stuff and stuff. And then they gave me a pair of cloth, cloth slippers for my feet, you know, and had to, had to put the belt of the chain around me and handcuffs and lock it in place.
Lester Holt
Officers loaded Robert into a van bound for the 50 mile drive to Huntsville, the death chamber. He was led to a tiny cell.
Robert Roberson
So I was walking back and forth, kind of pacing and stuff, you know, I was talking to the Lord, praying to the Lord, you know. Then they brought me some supposed to be last meal and stuff, you know, had a choice between two of them. One of them has like a hamburger Salisbury steak on it and the other one had some rice mixture kind of like Spanish style. I picked that one and stuff, you know.
Lester Holt
Robert was counting down the final minutes of his life, not knowing if the next footstep would be news of mercy or death.
Robert Roberson
I believe it was around six or somewhere around there, gotta stay or something. But then I heard they took it.
Lester Holt
Back right until shortly after 10pm when the execution was called off. The Texas Supreme Court had issued a Last minute stay.
Robert Roberson
It was a very, very, very long day, sir.
Lester Holt
You know, Robert's prayers were answered. But one year later, the clock was ticking again. And now the state, of course, has a new death date for you.
Robert Roberson
Yes, sir.
Lester Holt
Do you wish you had taken the plea bargain?
Robert Roberson
No, I'm glad that I didn't.
Lester Holt
But look where you are.
Robert Roberson
Yeah, look where I'm at. Thing is, it's about the truth. It's about the truth.
Lester Holt
Have you thought about last words, what you'll say?
Robert Roberson
Well, that's a good one there. And it's a hard question. Right.
Lester Holt
I'm Lester Holt and this is the Last Appeal, a podcast from Dateline. Episode four, the Reckoning.
Robert Roberson
I move as follows.
Lester Holt
In October 2024, lawmakers had successfully saved Robert's life using an unprecedented and deliberate maneuver.
Robert Roberson
Robert Roberson, to provide all relevant testimony and information concerning the committee's inquiry.
Lester Holt
They had summoned him to testify, but there was a catch. The hearing was set after Roberson's scheduled execution. Robert was eager to tell his story, but when the date came, he never made it to the Capitol. Texas Attorney General Ken Paxton blocked him, arguing to the state's top court that the subpoena violated the law. Andy said transporting Robert to the House chamber could be dangerous. Still, the legislators pressed on with the hearing.
Robert Roberson
The House Committee on Criminal Jurisprudence will come to order.
Lester Holt
The court instead, they called other witnesses to testify.
Robert Roberson
Mr. Grisham, are you able to hear me? I can hear you, yes. Can you hear me okay?
Lester Holt
Perfect.
Robert Roberson
All right.
Lester Holt
Among them, best selling author and lawyer John Grisham, who spoke with the committee through a video call.
Robert Roberson
It's my honor to be here to speak for Robert Roberson.
Lester Holt
He's been closely following Robert's case.
Robert Roberson
I've been on the board of the Innocence Project in New York for a long, long time. And for the past 15 years or so, we have been more and more concerned about the shaken baby syndrome. Shaken baby convictions. And I know what it takes to have a fair trial. Roberts trial was grossly unfair.
Gretchen Swinn
It is a great honor to be here testifying before this committee.
Lester Holt
Another witness, someone you've already heard from in this podcast.
Gretchen Swinn
My name is Terry Compton. I was One of the 12 jurors on the case of Robert Robinson's trial. And I took that position very seriously.
Lester Holt
Terry Compton, the juror had gotten a visit from. Gretchen Swinn was Robert's lawyer. She said she was furious after Gretchen told her details that the jurors didn't know about Nikki's medical history, about Robert's autism. Now, Terry Made a stunning admission.
Robert Roberson
If you had known that, would that have made a difference in how you voted in this case?
Gretchen Swinn
Yes, sir.
Robert Roberson
How big of a difference?
Gretchen Swinn
Very much difference. I would have found him not guilty.
Robert Roberson
This must have weighed on you over the last few months.
Gretchen Swinn
Very much.
Lester Holt
When I spoke with Terry recently, she told me if Robert is killed, it's going to take a toll on her.
Gretchen Swinn
I know it's going to be something that I will have to live with for the rest of my life. It'll be a certain place of guilt that I'll have to carry around with me for the rest of my life.
Lester Holt
So what are your hopes now in this case?
Gretchen Swinn
My actual hopes or feelings is that they should let him go because I think he is innocent.
Lester Holt
With so much uncertainty surrounding Robert's case, discredited science, missing evidence, the lead detective admitting he was wrong, and now a juror changing her mind. We wanted to ask the prosecutor why Texas seems so intent on killing Robert. I stopped by Allison Mitchell's office, the Anderson County District Attorney. So we're just here to talk about the Robert Robertson case.
Gretchen Swinn
Yes. Yes, I remember.
Lester Holt
You called.
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So she's actually in a jury trial right now.
Lester Holt
I was in the car when Mitchell sent an email. I heard from Allison Mitchell. She says, sorry I missed you today. I was in a jury trial. She said she couldn't talk because the case is pending and suggested I reach out to the Attorney General's office. The AG is currently handling the case on behalf of this office. We asked the AG, Ken Paxton, for an interview. We never heard back, but in a press release last year, he called Robert violent, said he confessed to a jailhouse informant that he sexually assaulted Nikki. Allegations that have never been proven. He said all that talk of shaken baby syndrome was a red herring, that Nikki was beaten, a victim of blunt force trauma. Paxton wrote, quote, the jury did not convict Robert on the basis of shaken baby syndrome. We asked Terry, the juror about that. Do you remember what the essence of the state's case was?
Gretchen Swinn
It was all about shaken baby syndrome. I remember them just keep going over and over that it had to be from this shaken baby.
Lester Holt
Despite all the controversy and pleas for mercy this past June, Paxton asked a judge to set Robert's new execution date. Gretchen pleaded with the judge not to, pointing out Robert still has an appeal pending and the courts have not been responsive. Why now, she asked, when there was no legal reason to do so. The judge told Gretchen he was sympathetic about the lack of response, but said, quote, a justice system that doesn't move is unjust. The judge said it was time to move and scheduled Robert's third third date with the death chamber.
Gretchen Swinn
A judge has set a new execution.
Lester Holt
Date for the Texas man who could October 16, 2025. Nikki's brother Matthew Bowman said it was time. Do you think that Robert's execution will bring closure or simply start another difficult chapter?
Robert Roberson
Be honest with you. I mean, it would.
Lester Holt
If they do go ahead and do.
Robert Roberson
This, yes, my family will be finally able to breathe.
Lester Holt
If Texas killed him, Robert would be the first in the United States to be executed because of a shaken baby diagnosis. So if Robert was about to be killed, his supporters wanted to know why others convicted under the same outdated medical theory had been exonerated. How could it be that you were exonerated in the state of Texas and Robert Roberson is now facing death?
Robert Roberson
That's what we're all asking, Lester.
Lester Holt
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Gretchen Swinn
Not execute an innocent man.
Robert Roberson
Please.
Lester Holt
With just 12 days left before Robert's scheduled execution, his supporters gathered at the Texas State Capitol. One of them was Josh Burns.
Robert Roberson
I learned about Robert Robertson, who is a father on Texas death row and now scheduled to be executed under the same scientifically unsound shaken baby syndrome hypothesis that has caused my family so much harm.
Lester Holt
In 2014, Josh, a commercial pilot from Michigan called 911 after his two month old daughter became listless and unresponsive at the hospital. He told doctors that a couple of days earlier she may have bumped her head.
Robert Roberson
He came and did a bedside eye exam and found retinal hemorrhages, one leg.
Lester Holt
Of the triad that once defined the shaken baby syndrome theory.
Robert Roberson
The doctor said retinal hemorrhages are diagnostic of child abuse. We're referring your daughter to a child abuse pediatrician who then accused us of shaken baby syndrome. It was just a theory from the child abuse pediatrician. She says that the only thing this could be is shaken baby syndrome.
Lester Holt
Based on that, Josh was charged with second degree child abuse, convicted and served a year in jail. He his appeals were denied. But a decade later, the Michigan Attorney General's Conviction Integrity Unit reviewed Josh's case. In 2024, he was exonerated. There had been no crime, just a bad medical diagnosis. Josh Burns isn't alone. Across the country, a reckoning is underway. According to the National Registry of exonerations, more than 40 people have been exonerated due to a shaken baby diagnosis. Courts have taken notice. In Illinois, a federal district judge wrote that new developments arguably suggest shaken baby syndrome is more an article of faith than a proposition of science. A New Jersey appellate court held that shaken baby syndrome lacks scientific reliability. In 2024, in Texas, where Robert Roberson is on death row, a man was exonerated in a shaken baby case. Andrew, can you just please introduce yourself?
Robert Roberson
Yes. My name's Andrew Roark.
Lester Holt
Robert's supporters say the two cases are strikingly similar. In 1997, Andrew Roark was home alone watching his girlfriend's 13 month old daughter Brooke. Like Robert, who said Nikki had fallen from a bed, Andrew said Brooke had also fallen a short distance.
Robert Roberson
She had slipped and hit her head in a tub very lightly.
Lester Holt
Andrew put Brooke down for a nap, only to later find her on the floor.
Robert Roberson
She's gasping for breath and unresponsive. So I picked her up, ran to the phone, called 911.
Lester Holt
Like Nikki, Brooke ended up at Dallas's Children's Medical center where she was evaluated by a pediatric specialist. Who diagnosed her with shaken baby syndrome. That specialist was the same one who saw Nikki, Dr. Janet Squires. She declined our request for an interview. Unlike nikki, brooks survived. Andrew was arrested for child abuse While leaving the hospital.
Robert Roberson
We end up at an elevator bank, and there's five DeSoto police officers Jump me and arrest me right there in the hospital.
Lester Holt
Andrew was convicted of injury to a child and sentenced to 35 years in prison. He served 13 before being released. In October 2024, the same week texas was preparing to kill robert, Andrew's conviction was vacated. In a statement, the dallas county d. A. Said, quote, current advancements in medical and scientific understanding Would no longer support the state's theory at trial. How could it be that you, going through a situation like this, Were exonerated in the state of texas and robert roberson is now facing death?
Robert Roberson
That's what we're all asking, lester. Had the child died in my case, I would be in the same position he's in because they sure as hell would have put me on death row for this, for sure. Robert has never wavered.
Lester Holt
Brian wharton, the detective turned minister who once helped build the case against robert, Was again fighting to stop the clock.
Robert Roberson
Robert is my friend. I care about him deeply. I wouldn't go so far as to say I love robert.
Lester Holt
Bryan was at that rally on the steps of the capitol, Begging the state for time and the crowd for face.
Robert Roberson
Robert is a very good man, Full of grace and joy and forgiveness.
Lester Holt
Can his life be saved at this point?
Robert Roberson
Gosh, I pray it can. If we can't save someone like robert, who is so clearly innocent, Then truly we're lost.
Lester Holt
How will you feel if he does not receive a stay?
Robert Roberson
I will die a little myself.
Gretchen Swinn
Thank you. I thank you for braving the really brutal sun.
Lester Holt
Gretchen's swin was there, too. She climbed the steps and addressed the crowd.
Gretchen Swinn
It's a perfect metaphor for what we need. We need the sunlight. We need noise.
Lester Holt
Reason.
Gretchen Swinn
Judicial process has failed us, has failed robert. And I have nothing but righteous rage on behalf of my client robert, Because I know he's in the corner.
Lester Holt
She was still furiously working to save robert.
Gretchen Swinn
We have countless appeals. It feels pending, Trying to plan out what happens if a door slams. What other door can be opened?
Lester Holt
She thinks this podcast may have opened a door. I called gretchen to find out why. Thanks for doing this on short notice. First of all, describe the significance of what you heard and how it figures into your case.
Gretchen Swinn
I listened to the first episode of your podcast on Monday morning, and quite shockingly, is a revelation about an unknown fact.
Lester Holt
What caught her ear was a detail Nikki's grandfather, Larry Bowman, told me about the final hours of Nikki's life in the hospital. Did you have to make the decision to take her off support?
Robert Roberson
Yeah, we did.
Lester Holt
Larry told me that a judge spoke with the hospital and informed them that he and his wife, not Robert, would make decisions about Nikki's medical care. Gretchen knew that. What she didn't know was the judge's name.
Robert Roberson
Matter of fact, Judge Bentley told him that we were the parents.
Lester Holt
Judge Bascom Bentley. The same judge who presided over Robert's murder trial. He passed away in 2017. Now you have a name.
Gretchen Swinn
Now we have a name. It's a big name. I'm sorry if I sound agitated, but it was quite the shock to realize he was the judge that signed the arrest warrant and went on to preside over the entire trial.
Lester Holt
To Gretchen, that was proof of something powerful. That Judge Bentley had decided Robert was guilty, that before he'd been arrested.
Gretchen Swinn
I find it hard to imagine how someone wouldn't believe that. This information shows that this judge had already made a decision that Robert was guilty.
Lester Holt
Over the summer, Gretchen filed a motion about the parental rights issue. The state responded, arguing it was speculation that no judge ever spoke with the hospital. Within 24 hours of listening to the podcast, Gretchen raced to court and amended her motion with the name of the judge that Larry had given us.
Gretchen Swinn
The trial itself should be null and void.
Lester Holt
The Attorney General didn't respond to the filing. Gretchen won't give up, and Robert knows it.
Robert Roberson
To me, she's perfect. She's real compassionate, real kind, real committed to this type of work.
Lester Holt
You know, Robert, where and how does this story end in your mind?
Robert Roberson
How does it end? I'm hoping and praying that they would do the right thing, that I'd be fully exonerated.
Lester Holt
You know. You know, when we talked last time, I think we talked a little bit about hope.
Robert Roberson
Yes, sir.
Lester Holt
Is it harder to be hopeful now?
Robert Roberson
No, actually, I'm still hopeful. I still got a lot of hope.
Lester Holt
Robert was once again counting down the hours of his life. His third date with death.
Gretchen Swinn
The whole world is watching. Texas. Do not kill this innocent man.
Lester Holt
But one week before Robert was to die. A twist no one saw coming.
Gretchen Swinn
We have won a battle, but we have certainly not won the war.
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Lester Holt
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Lester Holt
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Gretchen Swinn
The bottom line is it says Robert is not going to be killed by the state of Texas.
Lester Holt
Next week, the court put Robert's execution on hold. You sounded like you're holding your breath there. Yeah, you can't believe this.
Gretchen Swinn
I'm somewhat in shock and I'm reminded when I first spoke to Robert nearly 10 years ago to tell him about the stay he had received in June of 2016. And he sounded like this little child and talking to me about a bag of chips and I feel like I too like have this weight on my heart and I'm struggling to process this and probably would like to go eat a bunch of chips or something.
Lester Holt
Robert's case has been sent back to a lower court judge for review.
Gretchen Swinn
The good news is he, you know, we live to fight another day. The bad news is the fight that has been so protracted is not over.
Lester Holt
The new ruling that halted Robert's execution hinges on the case of Andrew Roark.
Robert Roberson
It doesn't make any sense that mine in his cases being so similar and me being on this side of it and he's still facing death after spending.
Lester Holt
13 years in prison. Prosecutors said Andrew was innocent and agreed with medical experts the science of shaken baby syndrome was outdated. Now the court wants to know whether the finding of junk science in Andrew's case should apply to Roberts, too. The Texas attorney general did not return our request for comment, but in a press release last year, he insisted that Nikki was a victim of blunt force trauma and that the jury did not convict Robert on the basis of shaken baby syndrome. So this doesn't permanently stop the clock.
Gretchen Swinn
It certainly doesn't mean they could never set another execution date. If we go through all this and again lose, he would be back in this position again. But if we go through it and win, what it will then mean is finally that new trial that we've been fighting for.
Lester Holt
Can you just give me your personal reaction to what we've learned today?
Gretchen Swinn
My personal reaction is that I'm both elated and saddened, if that makes any sense. I'm very happy he's going to be alive next week for me to visit him and go over this. But I'm Sad. He's almost 60 years old and here we are back at the beginning of another fight. I cannot believe the outpouring of support. I would certainly say that the national spotlight that your podcast has shown on this case and the independent reporting elevated this story. You know, I'm just so profoundly grateful for that. And I hope you'll stay with us because the fight's not over.
Lester Holt
We will stay on this story wherever it goes. 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.
Gretchen Swinn
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Lester Holt
Fast.
Gretchen Swinn
One day delivery for the win. It's on Prime.
Original Air Date: January 15, 2026
Host: Lester Holt
Episode 4 of “The Last Appeal” delves into the climactic moments of Robert Roberson’s fight against his scheduled execution for the murder of his daughter, Nikki—a conviction tied to the disputed diagnosis of “shaken baby syndrome.” With national attention, legal twists, new revelations, and shifting science, this episode explores not only Roberson’s harrowing countdown to death but also the systemic failings and evolving perspectives that have defined his case.
“I believe it was around six or somewhere around there, gotta stay or something. But then I heard they took it. … It was a very, very, very long day, sir.” – Robert Roberson ([02:25])
“Robert’s prayers were answered. But one year later, the clock was ticking again. And now the state … has a new death date for you.” – Lester Holt ([02:43])
“We have been more and more concerned about the shaken baby syndrome … Robert’s trial was grossly unfair.” – John Grisham ([04:49])
“Very much difference. I would have found him not guilty.” – Terry Compton ([06:00])
“It was all about shaken baby syndrome. I remember them just keep going over and over that it had to be from this shaken baby.” – Terry Compton ([08:07])
“It was quite the shock to realize he was the judge that signed the arrest warrant and went on to preside over the entire trial.” – Gretchen Swinn ([19:17])
“If we can’t save someone like Robert, who is so clearly innocent, then truly we’re lost.” – Brian Wharton ([16:55])
“I’m hoping and praying that they would do the right thing, that I’d be fully exonerated. … I’m still hopeful. I still got a lot of hope.” – Robert Roberson ([20:25])
“The bottom line is it says Robert is not going to be killed by the state of Texas [next week].” – Gretchen Swinn ([22:58])
“I’m very happy he’s going to be alive next week for me to visit him… But I’m sad. He’s almost 60 years old and here we are back at the beginning of another fight.” – Gretchen Swinn ([25:11])
| Timestamp | Speaker | Quote | |:---------:|:---------------------|:-------------------------------------------------------------------| | 02:25 | Robert Roberson | “I believe it was around six or somewhere around there, gotta stay or something. But then I heard they took it. … It was a very, very, very long day, sir.” | | 04:49 | John Grisham | “…We have been more and more concerned about the shaken baby syndrome … Robert’s trial was grossly unfair.” | | 06:00 | Terry Compton | “Very much difference. I would have found him not guilty.” | | 08:07 | Terry Compton | “It was all about shaken baby syndrome. I remember them just keep going over and over that it had to be from this shaken baby.” | | 14:38 | Andrew Roark | “She’s gasping for breath and unresponsive. So I picked her up, ran to the phone, called 911.” | | 16:55 | Brian Wharton | “If we can’t save someone like Robert, who is so clearly innocent, then truly we’re lost.” | | 19:17 | Gretchen Swinn | “It was quite the shock to realize he was the judge that signed the arrest warrant and went on to preside over the entire trial.” | | 22:58 | Gretchen Swinn | “The bottom line is it says Robert is not going to be killed by the state of Texas [next week].” | | 25:11 | Gretchen Swinn | “I’m very happy he’s going to be alive next week for me to visit him… But I’m sad. He’s almost 60 years old and … we are back at the beginning of another fight.” |
Tone:
The episode carries a weight of somber urgency, alternating between detailed procedural recounting, deeply personal testimonies, and impassioned pleas for justice. Holt guides the narrative with measured gravitas, while interviewees speak with palpable emotion, hope, and sometimes, exasperation.
For Listeners:
This episode is a vital, in-depth look at the intersection of science, law, and human consequence in the American justice system—essential listening for true crime followers and anyone concerned with wrongful convictions.