Podcast Summary: "The Last Appeal" – Episode 3: "A Date To Die"

Host: Lester Holt (NBC News)
Air Date: October 8, 2025

Episode Overview

In this gripping episode of "The Last Appeal," Lester Holt travels to Texas, delving into the urgent case of Robert Roberson, a father slated for execution on October 16th for the 2002 death of his two-year-old daughter, Nikki. The episode meticulously examines doubts cast over the original conviction, explores revelations from a leading detective who now regrets his role, and exposes critical evidence that never made it to the jury. Through exclusive interviews–including with Roberson himself and the detective who once helped convict him–the episode stirs haunting questions about justice, truth, and the fate of a potentially innocent man.

Key Discussion Points & Insights

1. Gretchen Swin’s Investigation (01:00–03:25)

• Background: Gretchen Swin, Roberson’s attorney, has dedicated years to overturning his conviction. In 2018, she targeted key trial participants, especially Brian Wharton, the lead detective.
• Key Insight: Swin discovers Wharton has been unsettled by the case for years, foreshadowing a pivotal shift.

2. Detective Brian Wharton’s Doubts & Transformation (01:43–04:58)

• Career Change: Wharton, once lead detective, has since become a Methodist minister, driven by deeper questions about justice.
• Wharton’s Haunt: He admits being continuously troubled by Roberson’s case, particularly the sexual assault allegation.
• Evidence Lacking: Sexual assault allegations against Roberson were never corroborated by DNA, pediatric specialists, or autopsy findings, yet were emphasized at trial (referred to >80 times). The charge was dropped late, but the damage remained.
  • Quote: "Those are bullets that don’t go back into the gun." – Brian Wharton (04:58)

3. Collapsing ‘Shaken Baby Syndrome’ Science (05:09–05:39)

• Legal Shift: Swin tells Wharton that post-conviction, “shaken baby syndrome” science has been largely discredited.
• Wharton’s Realization: He acknowledges prosecutorial reliance on this theory was foundational, and without it, "the whole thing falls apart."

4. Nikki’s Medical History & Robert’s Autism (05:39–06:40)

• Unexamined Evidence: Nikki was extremely ill, visiting doctors often. Wharton confesses they did not seek her medical history before charging Roberson.
• Roberson’s Autism: Wharton learns that Robert is autistic. This sheds new light on Roberson’s demeanor (“a little different, he’s a little off”), which had seemed suspicious but is now understood differently.
  • Quote: "We didn't hear Robert… we never really listened to Robert, and we never asked enough questions based on his story." – Brian Wharton (06:47)

5. Missing CAT Scans Unearthed (07:50–14:00)

• Critical Discovery: During the 2018 hearing, Gretchen informs the judge of missing CAT scans—objective medical evidence never seen at trial.
• Found in Courthouse: A new court clerk discovers them behind a shelf (12:19–12:32).
  • Quote: "Where were the scans, the most objective medical evidence of her condition? Where are they?" – Gretchen Swin (11:16)
• Revelations: Newly analyzed, the scans contradict the prosecution’s “multiple impact” theory; they show only a single bump, no fractures, and minimal bleeding. Injuries noted by the medical examiner were likely due to life-saving medical efforts, not abuse.

6. New Hearing & Evidence Dispute (15:17–16:39)

• 2018–2021 Hearings: Swin argues the conviction was a tragic medical error compounded by faulty science. Wharton testifies for Roberson, admitting oversight.
  • Quote: "We were chasing an abuse case… we had no notion that any prior medical history was playing into what we were seeing." – Brian Wharton (15:27)
• Prosecutorial Pushback: Prosecutors and the medical examiner stand by their original findings. Nikki’s brother, balancing hope and pain, doubts the defense’s new theory.

7. Appeal Denied; Advocacy Grows (16:39–17:55)

• Judge’s Refusal: Despite evidence and Wharton’s reversal, the judge rejects a new trial—ordering Robert’s execution to proceed.
• Wharton’s Mission: The former detective becomes personally invested, seeking forgiveness and pledging support.
  • Quote: "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 (17:55)

8. Political & Legal Showdown – Temporary Stay (21:00–33:00)

• Spreading Awareness: National news coverage and intervention from bipartisan Texas lawmakers (Jeff Leach, Joe Moody) amplify scrutiny.
• Junk Science Law: Lawmakers probe why Roberson isn’t entitled to relief via Texas’ “junk science law.”
  • Quote: "With Robert Roberson's case, there are just way too many questions, way too many concerns for us to stay silent on this." – Rep. Jeff Leach (24:49)
• Historic Hearing: With Roberson hours from death, a state committee subpoenas him to testify, effectively requiring his life be spared.
• Final Hours: After a cascade of last-minute legal maneuvers—including a temporary stay, reversals, and an emergency Texas Supreme Court intervention—Roberson’s execution is halted at the eleventh hour.

Notable Quotes & Memorable Moments

• Detective 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.”
  — Brian Wharton (06:47)

• Robert’s Faith & Forgiveness:
  “I'm not guilty of this… No fear. Because I know where I'm going. I'm going to heaven to be with Jesus.”
  — Robert Roberson (21:12-21:18)

  “He asked me for his forgiveness. I forgave him… Bitterness only hurts. If I don't forgive, it hurts me holding bitterness.”
  — Robert Roberson (22:23-22:50)

• Political Courage:
  “My support of the death penalty is contingent upon knowing beyond a shadow of a doubt that that inmate is in fact guilty. And with Robert Roberson's case, there are just way too many questions, way too many concerns for us to stay silent on this.”
  — Rep. Jeff Leach (24:32-24:49)

• Despair at Judicial Refusal:
  “It does feel a bit like I'm trapped in this nightmare where the system just keeps refusing to admit to the mistakes. There's just this ostrich approach. We will not see it. We will not acknowledge it. Denied. Denied. Denied.”
  — Gretchen Swin (16:52)

Important Segment Timestamps

• Detective Wharton’s Change of Heart: 01:51–06:47
• Examination of Evidence & ‘Junk Science’: 09:48–11:01
• Discovery of Missing CAT Scans: 11:16–14:26
• Wharton’s Public Recantation: 15:17–16:39
• Roberson’s Interview on Death Row: 21:10–22:50
• Lawmakers’ Emergency Hearing: 24:32–27:44
• Final Legal Battle to Save Roberson: 28:10–32:53

Episode Tone

The episode is sober, personal, and urgent. The tone is empathetic yet unflinching, balancing meticulous legal detail with poignant human moments—ranging from Wharton’s confession of error, to Roberson’s quiet faith and forgiveness, to the emotional intensity of activists and lawmakers fighting for a life on the brink.

Conclusion

“A Date To Die” lays bare the cracks in the justice system, raises profound doubts about the integrity of Robert Roberson’s conviction, and brings listeners into the heart-stopping hours before a scheduled execution. Through confessions, lost evidence, and political battles, the episode asks the listener: What does justice truly demand when a man’s life hangs in the balance, and the evidence just won’t add up?