What to know about shaken baby syndrome as a Texas man could be first in US executed over it

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What to know about shaken baby syndrome as a Texas man could be first in US executed over it

2024-10-17 03:15 Last Updated At：03:20

HOUSTON (AP) — A Texas man this week could become the first person executed in the U.S. for a murder conviction tied to the diagnosis of shaken baby syndrome.

The Texas Board of Parole on Wednesday voted 6-0 against recommending clemency for Robert Roberson, who is scheduled to receive a lethal injection on Thursday. The board also denied him a 180-day reprieve.

Republican Gov. Greg Abbott can only grant clemency after receiving a recommendation from the board, which had come under public bipartisan pressure in recent weeks to spare Roberson's life.

Roberson, 57, is set to be executed for the 2002 killing of his 2-year-old daughter, Nikki Curtis. His attorneys have asked the U.S. Supreme Court to stay the execution.

Roberson has long proclaimed his innocence. His lawyers as well as a bipartisan group of Texas lawmakers, medical experts and others don't deny that head and other injuries from child abuse are real. But they argue his conviction was based on faulty and now outdated scientific evidence and say new evidence has shown Curtis died from complications related to severe pneumonia.

But prosecutors maintain Roberson’s new evidence does not disprove their case that Curtis died from injuries inflicted by her father.

Roberson's scheduled execution renewed debate over shaken baby syndrome. On one side of the debate are lawyers and some in the medical and scientific communities who argue the shaken baby diagnosis is flawed and has led to wrongful convictions. On the other side are prosecutors and medical societies from the U.S. and around the world who say the diagnosis is valid, has been scientifically proven and is the leading cause of fatal head injuries in children younger than 2 years of age.

Here’s what to know about the highly scrutinized diagnosis ahead of Roberson’s scheduled execution:

The diagnosis refers to a serious brain injury caused when a child’s head is injured through shaking or some other violent impact, like being slammed against a wall or thrown on the floor, usually by an adult caregiver, said Dr. Suzanne Haney, a child abuse pediatrician and member of the American Academy of Pediatrics Council on Child Abuse and Neglect.

The term was changed in 2009 to abusive head trauma, a more inclusive diagnosis, Haney said.

There are about 1,300 reported cases of shaken baby syndrome/abusive head trauma in the U.S. each year, according to the National Center on Shaken Baby Syndrome.

Critics allege doctors have been focused on concluding child abuse due to shaken baby syndrome whenever a triad of symptoms — bleeding around the brain, brain swelling and bleeding in the eyes — was found. Critics say doctors have not considered that things like short falls with head impact and naturally occurring illnesses like pneumonia, could mimic an inflicted head injury.

Roberson's attorneys and other supporters are not saying that child abuse doesn't exist or that shaking a baby is safe, said Kate Judson, executive director of the Center for Integrity in Forensic Sciences, a Wisconsin-based nonprofit that seeks to improve the reliability of forensic science evidence.

“This is a case about whether someone was misdiagnosed and justice wasn’t served,” Judson said.

While Haney declined to comment on Roberson’s case, she said there is no disagreement within a vast majority of the medical community about the validity and science behind the diagnosis.

Haney said doctors are not just focused on a triad of symptoms to determine child abuse, but instead look at all possible things, including any illnesses, that could have caused the injuries.

“I worry the pushback against abusive head trauma as a diagnosis is going to interfere with the prevention efforts that are out there and therefore allow more children to get harmed,” Haney said.

Judson said she believes that doctors in Roberson's case did not consider all possible causes, including illness, to explain what happened to his daughter and used the triad of symptoms to only focus on child abuse.

Roberson’s attorneys say he was wrongly arrested and later convicted after taking his daughter to a hospital. She had fallen out of bed in their home in the East Texas city of Palestine after being seriously ill for a week.

New evidence gathered since his 2003 trial shows his daughter died from undiagnosed pneumonia that progressed to sepsis and was likely accelerated by medications that should not have been prescribed to her and made it harder for her to breathe, said Gretchen Sween, Roberson’s attorney.

The Anderson County District Attorney’s Office, which prosecuted Roberson, has said in court documents that after a 2022 hearing to consider the new evidence, a judge rejected the theories that pneumonia and other diseases caused Curtis’ death.

In recent years, courts around the country have overturned convictions or dropped charges centered on shaken baby syndrome, including in California, Ohio, Massachusetts and Michigan.

In a ruling last week in a different shaken baby syndrome case out of Dallas County, the Texas Court of Criminal Appeals ordered a new trial after finding scientific advancements related to the diagnosis would now likely result in an acquittal in that case.

But the appeals court has repeatedly denied Roberson’s request to stay his execution, most recently on Friday.

In the U.S., at least eight individuals have been sentenced to death because of shaken baby syndrome, said Robin Maher, executive director of the Death Penalty Information Center. Two of these eight have been exonerated and Roberson is the only one to have received execution dates.

“According to the National Registry of Exonerations, at least 30 people across the country have been exonerated based on this discredited scientific theory,” Maher said.

But Danielle Vazquez, executive director of the Utah-based National Center on Shaken Baby Syndrome, said a 2021 research article found that 97% of more than 1,400 convictions related to shaken baby syndrome/abusive head trauma from 2008 to 2018 were upheld and that such convictions were rarely overturned on the grounds of medical evidence.

Vazquez said her organization is worried that doubts that have been raised about the diagnosis could cause some parents or caregivers to wrongly think that shaking a baby is not harmful.

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Death toll in attack on Christmas market in Germany rises to 5 and more than 200 injured

2024-12-21 20:17 Last Updated At：20:21

MAGDEBURG, Germany (AP) — Germans on Saturday mourned both the victims and their shaken sense of security after a Saudi doctor intentionally drove into a Christmas market teeming with holiday shoppers, killing at least five people, including a small child, and wounding at least 200 others.

Authorities arrested a 50-year-old man at the site of the attack in Magdeburg on Friday evening and took him into custody for questioning. He has lived in Germany since 2006, practicing medicine in Bernburg, about 40 kilometers (25 miles) south of Magdeburg. officials said.

The state governor, Reiner Haseloff, told reporters that the death toll rose to five from a previous figure of two and that more than 200 people in total were injured.

Chancellor Olaf Scholz said that nearly 40 of them "are so seriously injured that we must be very worried about them.”

Several German media outlets identified the suspect as Taleb A., withholding his last name in line with privacy laws, and reported that he was a specialist in psychiatry and psychotherapy.

Mourners lit candles and placed flowers outside a church near the market on the cold and gloomy day. Several people stopped and cried. A Berlin church choir whose members witnessed a previous Christmas market attack in 2016 sang Amazing Grace, a hymn about God's mercy, offering their prayers and solidarity with the victims.

There were still no answers Saturday as to what motivated the man to drive his black BMW into a crowd in the eastern German city.

Describing himself as a former Muslim, the suspect shared dozens of tweets and retweets daily focusing on anti-Islam themes, criticizing the religion and congratulating Muslims who left the faith.

He also accused German authorities of failing to do enough to combat what he said was the “Islamism of Europe.” Some described him as an activist who helped Saudi women flee their homeland. He has also voiced support for the far-right and anti-immigrant Alternative for Germany (AfD) party.

Haseloff said Friday that authorities believed the man acted alone.

The violence shocked Germany and the city, bringing its mayor to the verge of tears and marring a festive event that’s part of a centuries-old German tradition. It prompted several other German towns to cancel their weekend Christmas markets as a precaution and out of solidarity with Magdeburg’s loss. Berlin kept its markets open but has increased its police presence at them.

Germany has suffered a string of extremist attacks in recent years, including a knife attack that killed three people and wounded eight at a festival in the western city of Solingen in August.

Magdeburg is a city of about 240,000 people, west of Berlin, that serves as Saxony-Anhalt’s capital. Friday’s attack came eight years after an Islamic extremist drove a truck into a crowded Christmas market in Berlin, killing 13 people and injuring many others. The attacker was killed days later in a shootout in Italy.

Chancellor Scholz and Interior Minister Nancy Faeser traveled to Magdeburg on Saturday, and a memorial service is to take place in the city cathedral in the evening. Faeser ordered flags lowered to half-staff at federal buildings across the country.

Verified bystander footage distributed by the German news agency dpa showed the suspect’s arrest at a tram stop in the middle of the road. A nearby police officer pointing a handgun at the man shouted at him as he lay prone, his head arched up slightly. Other officers swarmed around the suspect and took him into custody.

Thi Linh Chi Nguyen, a 34-year-old manicurist from Vietnam whose salon is located in a mall across from the Christmas market, was on the phone during a break when she heard loud bangs and thought at first they were fireworks. She then saw a car drive through the market at high speed. People screamed and a child was thrown into the air by the car.

Shaking as she described the horror of what she witnessed, she recalled seeing the car bursting out of the market and turning right onto Ernst-Reuter-Allee street and then coming to a standstill at the tram stop where the suspect was arrested.

The number of injured people was overwhelming.

“My husband and I helped them for two hours. He ran back home and grabbed as many blankets as he could find because they didn’t have enough to cover the injured people. And it was so cold," she said.

The market itself was still cordoned off Saturday with red-and-white tape and police vans every 50 meters (yards). Police with machine pistols guarded every entry to the market. Some thermal security blankets still lay on the street.

Christmas markets are a German holiday tradition cherished since the Middle Ages, now successfully exported to much of the Western world.

Aboubakr reported from Cairo and Gera from Warsaw, Poland. Geir Moulson contributed from Berlin.