In The Politics of Autism, I discuss interactions between the justice system and autistic people.
An autistic man is on death row for a crime he didn't commit. Texas Governor Greg Abbott would not grant a reprieve. Texas is about to kill him.
Jacquie Benestante is the executive director of the Autism Society of Texas.
Robert Roberson, who was diagnosed with Autism only after his wrongful conviction, is facing execution in Texas on October 16, 2025. His death sentence stems from critical misinterpretations of his behavior during his daughter’s illness – misjudgments that have led to a tragic miscarriage of justice.
Organizations and individuals are fighting to stop this miscarriage of justice. Stay informed on what is happening – updates will be added here regularly.
- ACTION ALERT – Take action now!
- (09/24/25) Watch our YouTube presentation cohosted by Autism Society of America and the Innocence Project – with presenters Connie Kasari, PhD • Natalie Montfort, PhD • Sir Simon Baron-Cohen, PhD • Matthew Belmonte, PhD
Rally this Saturday, 10/4/25, at the Texas State Capitol
Join us at the Texas Capitol (South Steps) at 1 PM. Speakers include the Autism Society of Texas, legislators, and advocates, coordinated by The Innocence Project.
Learn more about the Robert Roberson case, Innocence Project
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10/1/25-Austin American-Statesman- Article by our Executive Director, Jacquie Benestante
Autism fed into his wrongful conviction. Don’t execute Robert Roberson
Texas plans to execute a man whose autism was misunderstood as guilt. There’s still time to stop a tragic miscarriage of justice.
Jacquie Benestante, October 1, 2025
Autism has been much in the news lately. As executive director of the Autism Society of Texas, I hope this increased awareness helps us better serve the needs of people with autism and recognize their important gifts. At the same time, however, people with autism continue to face a lack of understanding that can have profoundly negative consequences, particularly when they come into contact with the criminal justice system. Robert Roberson’s case is the most extreme example of this problem.
Roberson is not only autistic, he is an innocent man who is scheduled to be executed on Oct. 16. From everything I know about Roberson’s case, I believe that his then-undiagnosed autism played a central role in his wrongful arrest, conviction and death sentence in connection with the 2002 death of his chronically ill toddler daughter, Nikki.
Overwhelming medical and scientific evidence proves that Nikki died because of severe pneumonia, exacerbated by dangerous, improperly prescribed medications. Her death was tragic, but it was not a crime, and Roberson did not cause it.
As the Autism Society of Texas and the Autism Society of America wrote in a recent open letter to Texas authorities urging them to stop Roberson’s execution: “A lack of awareness and understanding about (his) developmental disability seems to have been unwittingly held against him and greatly contributed to his wrongful conviction and death sentence.”
When Roberson brought Nikki to the only emergency room in rural Palestine, Texas, and when law enforcement interviewed him, they perceived his lack of outward displays of emotion as a manifestation of “guilt.” In reality, this was a product of his autism.
Hospital staff and police officers described Roberson as “odd,” “nonchalant,” “unemotional,” “detached” and “uncaring.” The jurors heard these damning characterizations, but were unaware of Roberson’s autism, or that his outward demeanor masked intense distress. That misperception, together with the prosecution’s use of the now-debunked “Shaken Baby Syndrome” hypothesis and no review of Nikki’s medical history, put an innocent man on death row.
Years after his trial, Roberson was finally evaluated by a qualified expert and received an autism diagnosis. This delay in diagnosis is frustratingly common, particularly for people like Roberson who grew up in poverty and had unstable family circumstances. But even as a child, Roberson was identified as having “special needs,” including a speech delay and other impairments consistent with his eventual diagnosis. His speech impairments and repetitious stammers are evident in a recent video interview published by this newspaper.
On Sept. 24, the Autism Society of Texas co-hosted a panel discussion entitled “Robert Roberson, Autism and Injustice.” Four renowned experts explained how people with autism are at an elevated risk for wrongful conviction and excessive punishment when they come into contact with the criminal justice system. Just as in Roberson’s case, people with autism often “shut down” when faced with extreme circumstances and overwhelming emotions, leading to a rush to judgment against them and harmful assumptions about how they may be feeling or thinking in the moment.
Brian Wharton was the lead detective who investigated Nikki’s death, interrogated Roberson and testified against him at trial. Wharton has now come to understand how Roberson’s autism, and not any criminal culpability, was responsible for the seemingly “flat” way he presented himself during their interactions as if he had no idea how serious his daughter’s condition was. Wharton has also come to believe, unequivocally, that Roberson is innocent, and that Texas made a terrible mistake in his case.
Our justice system must work to better serve those with autism and prevent injustices. I hope that we are moving in the right direction as a society. But for Robert Roberson, time is running out to prevent irreparable harm. Texas must not allow this execution to proceed.
Jacquie Benestante is the executive director of the Autism Society of Texas.
