‘Shaken baby’ death row inmate Robert Roberson turns to Supreme Court to halt his execution
Ilana Panich-linsman/Innocence Project/AFP via Getty Images
(TEXAS) — Robert Roberson, the first person set to be executed in the U.S. based on the largely discredited “shaken baby syndrome” hypothesis, has filed a request for a stay of execution and a petition for certiorari with the Supreme Court.
Roberson argues that his federal due process rights were violated when Texas’ highest court refused to consider his bid to reopen the case based on “substantial new scientific and medical evidence.”
The plea comes after the Texas Board of Pardons and Paroles denied his requests to either have his sentence commuted to life in prison or to have his execution delayed.
Roberson was found guilty for the murder of his 2-year-old daughter based on the testimony from a pediatrician who described swelling and hemorrhages in Nikki’s brain to support a “shaken baby syndrome” diagnosis, even though there is limited evidence that this is a credible diagnosis.
The hypothesis has come under serious scrutiny in biomechanical studies, as well as a growing body of medical and legal literature. The medical examiner at the time also suspected that Nikki sustained multiple head injuries and considered the death a homicide in the official autopsy.
Roberson is autistic, according to his legal team, which affects how he expresses emotions — a concern that also arose during the trial.
Since his conviction, newly presented evidence found that Nikki had pneumonia at the time of her death and had been prescribed respiratory-suppressing drugs by doctors in the days leading up to her death.
A medical expert who performed post-mortem toxicology reports and reexamined her lung tissue said they found that chronic interstitial viral pneumonia and acute bacterial pneumonia were damaging her lungs, causing sepsis and then septic shock, likely leading to vital organ failure.
Over 30 medical and scientific experts have written to the Texas Board of Pardons and Paroles, asking it to reconsider Roberson’s sentence because it hinged on the “shaken baby syndrome.”
A bipartisan group of 86 Texas House of Representatives members have also spoken in support of Roberson’s clemency request, arguing that a state law enables reviews of wrongful convictions based on changes in scientific evidence. In Roberson’s case, they believe that the new evidence should have led to a new trial.
(NEW YORK) — Nearly four years after he allegedly shot and killed an unarmed Black man who was dropping off Christmas money to a friend, the murder trial of former police officer Adam Coy was getting underway on Monday.
Coy, who is white, was fired from the Columbus Police Department about a week after the 2020 fatal shooting of 47-year-old Andre Hill.
About a month after the shooting, the 46-year-old Coy was arrested and indicted on charges of murder, reckless homicide, felonious assault and two counts of dereliction of duty. Coy has pleaded not guilty to the charges. He has not made any public comments on the case.
If convicted, Coy, who is free on $1 million bail, could face a sentence of life in prison without the possibility of parole.
The trial was scheduled to begin Monday in Franklin County Court of Common Pleas in Columbus with the start of jury selection.
Opening statements in the long-awaited trial, which was postponed indefinitely in April 2023 after Coy was diagnosed with cancer and underwent treatment, could get underway as early as Tuesday.
The shooting unfolded around 2 a.m. on Dec. 22, 2020, when Coy and another officer, Amy Detweiler, were called to a home in the Northwest Side neighborhood of Columbus to investigate a nonemergency noise complaint from a neighbor reporting a man sitting for a prolonged amount of time in an SUV outside the residence with the engine running, according to police officials and prosecutors.
Coy allegedly drew his gun and shined a flashlight into the open garage as Hill emerged from the garage holding a cellphone, according to police body camera footage released by the Columbus Police Department.
An autopsy determined that Hill was shot four times, suffering wounds to his chest and legs.
Neither Coy nor Detweiler turned their body-worn cameras on until after the shooting, but Coy’s camera had a “look-back” function that automatically activated and recorded 60 seconds of the episode without sound, including capturing the shooting.
The body camera footage also showed that as Hill lay dying on the floor of the garage, none of the officers who responded to the incident immediately provided first aid.
National civil rights attorney, Benjamin Crump, who is representing Hill’s family, alleged that the officers waited up to 15 minutes before before they started giving Hill first aid.
After officers on the scene turned their body cameras on, a woman came out of the house and told officers that Hill was a guest.
“He was bringing me Christmas money. He didn’t do anything,” she was heard telling the officers, who ordered her back inside.
Officer Detweiler, who is expected to testify in Coy’s trial, told investigators that before the shooting she and Coy were standing outside the house attempting to determine why Hill was at the location, according to records in the case released to the public on Dec. 29, 2020. Detweiler told investigators, according to the records, that she and Coy had their weapons drawn when Hill emerged from the garage, but that Hill did not appear to pose any threat before he was shot.
“Officer Detweiler stated Mr. Hill was walking towards her with a cell phone raised in his left hand,” according to the investigation records. “Officer Detweiler stated she did not observe any threats from Mr. Hill.”
Detweiler told investigators that Hill didn’t say a word as he approached her and Coy. She told investigators that Coy suddenly yelled out, “There’s a gun in his other hands, there’s a gun in his other hand” before opening fire, according to investigators.
Detweiler said she did not see a weapon in Hill’s hands and no firearms were found in Hill’s possession after the shooting, according to records.
Coy told investigators he thought he saw a firearm on Hill before shooting the man, officials said.
As protesters took to the streets of Columbus in the days following the shooting demanding Coy be fired and charged with murder, Columbus Public Safety Director Ned Pettus Jr. announced he had terminated Coy, a 19-year veteran of the police force, writing in his ruling that “known facts do not establish that this use of deadly force was objectively reasonable.”
Pettus found that Coy didn’t try to deescalate the situation before shooting Hill. After the shooting, Coy didn’t render aid or ensure that others did, according to Pettus.
The dereliction of duty charges Coy is facing at trial stems from him not turning on his body camera before the shooting and not warning Detweiler of the potential danger he believed Hill posed, prosecutors said.
After Coy was indicted, his attorney, Mark Collins, told ABC Columbus affiliate WSYX-TV that the charges against Coy, particularly the murder charge, did not make sense, saying it suggests his client knowingly intended to kill Hill.
“The knowing element, to cause serious physical harm with a deadly weapon, and someone died, that’s the concept, however, police officers are trained a certain way to take an action and to stop a threat,” Collins said at the time. “So that kind of doesn’t make sense.”
In May 2021, the City of Columbus agreed to a $10 million wrongful death settlement with Hill’s family, the highest amount ever paid by the city.
The indictment of Coy came just days after the Columbus City Council also passed Andre’s Law, which was named after Hill and requires Columbus police officers to turn on their body cameras when responding to calls and to immediately render first aid after a use-of-force incident.
Debris in Sarasota, Florida. Via Sean Rayford/Getty
(NEW YORK) — Florida authorities began assessing the damage left by Hurricane Milton’s passage across the state early Thursday, as the storm passed into the Atlantic Ocean after a night of high winds, torrential rain and storm surge.
Milton made landfall on Florida’s Gulf Coast late Wednesday as a Category 3 hurricane. It came ashore with winds of 100 mph and spawned dozens of tornadoes. As of early Thursday, more than 3 million Florida energy customers were without power, according to the PowerOutage.us website.
The tornadoes on Florida’s Gulf Coast proved deadly. “We have lost some life,” St. Lucie County Sheriff Keith Pearson told West Palm Beach ABC News affiliate WPBF News. Pearson did not say how many were killed.
About 125 homes were destroyed before the hurricane came ashore, many of them mobile homes in communities for senior citizens, said Kevin Guthrie, the director of the Florida Division of Emergency Management.
The National Hurricane Center said Thursday that the storm produced “significant flooding and damaging winds near its path.” As of 5 a.m. ET, the NHC said the worst conditions shifted to east-central and northeastern Florida.”
Dramatic photos and videos emerged overnight as Milton ripped into Florida. Winds of 90 mph whipped through downtown St. Petersburg, collapsing a crane at a building construction site there, according to city authorities. No injuries were reported, but video from the scene showed damage to nearby buildings.
Wind also tore off a portion of the roof at the Tropicana Field stadium in the city. Capt. Garth Swingle of St. Petersburg Fire Rescue told ABC News they were in contact with the people sheltering inside and that they were safe.
Milton also caused a major water main break, which impacted potable water services across the entire city. The subsequent shutdown is expected to last until necessary repairs can be completed, officials said.
To the north of Tampa, the Pasco Sheriff’s Office said authorities received more than 140 calls regarding roadway obstructions. Responders “are working to remove these hazards as quickly as possible,” the office wrote on X.
The Hillsborough County Sheriff’s Office reported significant storm damage to a 7-Eleven store northwest of Tampa, with Sheriff Chad Chronister warning of downed trees and power lines in the county. Chronister urged residents to stay indoors while responders cleared damage.
This is a developing story. Please check back for updates.
ABC News’ Victoria Arancio and Ahmad Hemingway contributed to this report.
Andrew Savulich/New York Daily News/Tribune News Service via Getty Images, FILE
(NEW YORK) — Opening statements will begin Friday in the trial of subway rider Daniel Penny charged in the May 2023 choking death of Jordan Neely, a homeless man, in a New York City subway car.
The jury was seated Wednesday. The trial is expected to last between four and six weeks, according to Judge Max Wiley.
Penny, a former Marine, has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in Neely’s death.
Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.
Penny put Neely, 30, in a fatal chokehold “that lasted approximately 6 minutes and continued well past the point at which Mr. Neely had stopped purposeful movement,” prosecutors with the Manhattan District Attorney’s Office have said.
Penny’s attorneys said they were “saddened at the loss of human life” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the F train in Manhattan.
Witness accounts differ on Neely’s behavior on the train, prosecutors say.
They note that many witnesses relayed that Neely expressed that he was homeless, hungry and thirsty, and most of the witnesses recount that Neely indicated a willingness to go to jail or prison.
Some witnesses report that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.
Some witnesses told police that Neely was yelling and harassing passengers on the train; however, others have said though Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, police sources also told ABC News following the incident.
Some passengers on the train that day said they didn’t feel threatened — one “wasn’t really worried about what was going on” and another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that,” according to court filings by the prosecution.
Other passengers described their fear in court filings. One passenger said they “have encountered many things, but nothing that put fear into me like that.” Another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”
Neely, who was homeless at the time of his death, had a documented mental health history and a history of arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.
Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station: “Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing against Penny’s dismissal request.
According to prosecutors, footage of the interaction, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of passengers nearby.
Prosecutors said that about 3 minutes and 10 seconds into the video, Neely ceases all purposeful movement.
“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” the prosecutor said.
The defense argued Penny had no intent to kill, but Steinglass noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.
“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said after Penny’s request to dismiss the charge was denied.
In a past statement to ABC News, an attorney representing Neely’s family said, “This case is simple. Someone got on a train and was screaming so someone else choked them to death. Those two things do not and will never balance. There is no justification.”
“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” attorney Donte Mills said.
