Podcast Summary: The Last Appeal, Episode 1 – “Nikki”

Host: Lester Holt
Production: NBC News / Dateline
Date: October 6, 2025
Case: Robert Roberson, scheduled for execution October 16th for the 2002 death of his 2-year-old daughter, Nikki.

Episode Overview

Lester Holt travels to Texas to investigate the Robert Roberson case, a death row conviction for the murder of his daughter, Nikki. With execution looming, Holt interviews those involved in the case, including law enforcement, family, and defense attorney, exposing questions the original jury never considered and relaying the emotional weight of the story. The episode serves as both an intimate portrait of trauma and a deep dive into the mechanics of justice, innocence, and doubt.

Key Discussion Points & Insights

1. Visiting Robert Roberson on Death Row

[01:15–01:59]

• Setting: Lester Holt sits in the Polanski Unit, Texas Death Row, face-to-face with Robert Roberson.
• Roberson’s Mindset:
  • “I'm at peace if it happens. But I'm not ready because I don't think I should be executed when I'm innocent.” (Roberson, 01:51)

2. The Day of the Incident

[02:41–07:16]

• Hospital Arrival: Nikki, unconscious and blue, is brought into the ER by Teddy Cox (Robert’s girlfriend, in a wheelchair) with Robert Roberson nearby.
• ER Nurse Kelly Garganis recalls:
  • “I saw that there was a jacket. So I took the jacket off and there was a baby in her lap that was blue. Literally, probably the bluest I've ever seen of a child.” (Kelly Garganis, 05:13)
• Initial Suspicions:
  • Roberson’s unemotional demeanor and the nature of Nikki’s injuries (mushy head, severe trauma) lead the ER staff to suspect abuse.
  • Roberson’s explanation: Nikki fell off a bed about 12 inches high. This was met with skepticism from both medical professionals and law enforcement.

3. Police Investigation

[07:16–10:58]

• Detective Brian Wharton enters:
  • Observes severe injuries and bruising. Robert seemed “very matter of fact, no emotion.”
• Investigation at Roberson’s house:
  • No signs of violence; the description of the fall seems improbable.
  • “He was hungry and so he wanted to go make a ham sandwich. ... It was odd. Again, it was odd to us that, yes, he wants to go make a ham sandwich.” (Det. Wharton, 10:43–10:53)
• Assessment:
  • Wharton quickly concludes the pieces point toward Robert harming Nikki.

4. Family Backstory: Nikki’s Life and Custody

[13:24–18:07]

• Lester visits Nikki’s grandparents, Larry and Verna Bowman:
  • The Bowmans raised Nikki for her first two years due to her mother Michelle’s addiction. “They were just typical babies, you know, me and mama was their mom and daddy.” (Larry Bowman, 17:15)
  • Robert only received custody of Nikki after his release from prison, shortly before Nikki’s death. The Bowmans had no say, as Texas prioritizes parental custody.
• Nikki’s last day:
  • The Bowmans recall the pain of handing Nikki back to Robert and their regret over not preventing what followed.

5. Medical Evidence and Expert Testimony

[18:15–19:12]

• Dr. Janet Squires (child abuse specialist):
  • Diagnosed the “triad” associated with shaken baby syndrome: brain swelling, bleeding behind the eyes, and on the brain.
  • Conclusion: Nikki was the victim of abuse, unlikely to survive.
  • The Bowmans had to make the decision to take Nikki off life support.

6. Arrest, Charges, and Trial Preparation

[20:33–24:07]

• Robert is arrested and charged with capital murder hours after Nikki’s death.
• Defense Attorney Steve Evans’ assessment:
  • “The evidence is going to come and bulldoze you.” (Evans, 21:00, 28:16)
  • Evans had previously represented Roberson in drug-related cases and found him non-violent, but struggled to believe Robert’s story.
  • Multiple plea deals (max. 50 years) offered and refused by Robert, who insisted on his innocence.
  • “Oh, hell, yes.” – Evans on whether accepting a plea deal would have been a win (24:51).

7. The Trial

[24:53–28:98]

• Witnesses:
  • ER Nurse (Kelly Garganis) testified about Roberson’s lack of affect: “I was very angry. I just remember that cold face.”
  • Detective Wharton testified, describing matter-of-fact behavior.
  • Dr. Squires and Medical Examiner Dr. Urban emphasized classic physical signs of shaken baby syndrome and multiple impacts to the head.
  • Teddy Cox (Robert’s girlfriend) and her daughter testified to prior violence and shaking incidents. Teddy’s daughter performed a teddy bear demonstration for the jury.
• Defense strategy:
  • Evans conceded that Robert had done “something” out of being overwhelmed, hoping for mitigation; did not argue complete innocence.

8. Sexual Assault Allegation

[27:07–27:52]

• Mid-trial, a nurse claimed possible sexual assault. Charge dropped midtrial, but highly prejudicial.
  • Evans tried for mistrial: “Why was that not grounds for a mistrial? ... This was pure inflammatory.” (Evans, 27:38–27:52)
  • Judge denied the motion.

9. Jury Deliberations & Verdict

[28:16–30:38]

• Terry Compton, Juror:
  • “They could see what was all going on in her brain and how much bleeding and how much this and how much that... I don’t know how you shake those images.” (Juror, 29:50–30:07)
  • Key moment: the stuffed bear demonstration had a major effect on jurors.
  • Deliberation was quick (~4 hours). The verdict: guilty, with a death sentence.

10. Aftermath & Rising Doubt

[30:38–31:35]

• After trial:
  • All appeals denied; Roberson’s guilt appeared certain.
  • Over a decade later, new doubts emerge as advocates re-examine the case.
  • “Every time I turn around, there was something new. I'm reading medical records and I'm about to fall out of my chair.” (Advocate, 31:09)

Notable Quotes & Memorable Moments

• Roberson on Death Row:

  • “I'm at peace if it happens. But I'm not ready because I don't think I should be executed when I'm innocent.” (01:51)

• Detective on Roberson’s Demeanor:

  • “When we talked to him, we found him very matter of fact, no emotion. And so that made us kind of ... there was just something off, something's amiss.” (08:52)

• Defense Attorney on the State’s Case:

  • “The evidence is going to come and bulldoze you.” (21:00 / 28:16)

• Juror on Impactful Evidence:

  • “I sit there and thought, well, yeah, now I can see where ... if you have a man, Robert size, shaking a baby, I could see where it maybe could have done some violently brain damage.” (30:18)

• Family’s Regret:

  • “When I go to talking about her, it tears me up because I didn't do all I could to keep her from it. I don't know what else I could have done, you know?” (15:03)

• Looking Ahead – Detective Brian Wharton (who now expresses doubt):

  • “We made mistakes because we didn't have all the information.” (31:23)

Timestamps for Major Segments

• [01:15] – Lester Holt meets Roberson on Death Row
• [04:45] – ER Nurse Kelly Garganis recounts the hospital morning
• [07:16] – Police investigation begins
• [13:24] – Lester meets Nikki’s grandparents, the Bowmans
• [18:15] – Medical evidence and shaken baby syndrome
• [20:33] – Arrest and charging of Roberson
• [22:33] – The trial as recalled by defense, police, and prosecution witnesses
• [24:53] – Key trial testimony (nurse, detective, medical experts, girlfriend, child witness)
• [27:07] – Sexual assault allegation and motion for mistrial denied
• [29:31] – Juror Terry Compton’s account of trial impact and deliberation
• [30:38] – Aftermath; hints of re-examined evidence and growing doubt

Conclusion

The episode meticulously sets up not just the facts of Nikki’s death and the subsequent conviction of Robert Roberson, but also the mood and doubts that have grown around the case in the years since. The final act hints at new developments and possible errors in the original investigation and trial, raising the ultimate question: Is an innocent man about to be executed?

Memorable Episode Tone

The tone is grave and questioning, with Lester Holt blending empathy for Nikki’s family with rigorous inquiry into the investigation and prosecution. The episode leans on first-hand emotional recollections, juxtaposed against the cold mechanics of policework and prosecution strategy.

Next Episode Preview:
As execution nears, the series will dive into what the jury did not hear, new evidence unearthed long after Nikki’s death, and why even those who once built the case now urge a final review before it’s too late.