[HN] Texas man sent to death row over junk science denied US Supreme Court appeal

At what point do you just say, "eh, fuck it" and let him out anyway? At what point do you look at the evidence both new and old, and say, "if he is not allowed to appeal in light of new scientific evidence, then justice has not been served and it would be unjust to carry out his sentence"?

This is the best summary I could come up with:

A Texas prisoner who is facing execution having been sent to death row on the basis of “shaken baby syndrome”, a child abuse theory that has been widely debunked as junk science, has had his petition to the US supreme court denied.

Having come within four days of execution in 2016, he has already exhausted appeals through Texas state courts and must now rely on the mercy of the Republican governor Greg Abbott who rarely grants clemency.

“Robert Roberson is an innocent father who has languished on Texas’s death row for 20 years for a crime that never occurred and a conviction based on outdated and now refuted science,” the prisoner’s lawyer, Gretchen Sween, said.

Pediatric doctors detected symptoms including brain swelling which at the time were considered to be certain proof of child abuse and violent shaking.

Leading scientists have questioned the reliability of shaken baby syndrome, both as a medical diagnosis and as a forensic tool in criminal prosecutions, pointing to more than 80 alternative causes that can explain the symptoms without violence having occurred.

The girl had been ill with a fever of 104.5F (40.3C) shortly before she collapsed, had undiagnosed pneumonia, and had been given medical pills that are no longer considered safe for children as they can be life-threatening.

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