Dateline NBC The Last Appeal - Ep. 3: A Date to Die
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Oct 11, 2025 Brian Wharton, a former detective turned United Methodist minister, shares his deep-seated doubts about the investigation that led to Robert Roberson's death row conviction. He discusses the troubling implications of a discredited shaken baby syndrome theory and the failure to properly account for Roberson's autism. Excitingly, missing CAT scans found in a courthouse basement contradict crucial autopsy findings. Wharton expresses remorse over investigative failings and vows to help Robert, weaving a tale of justice, faith, and second chances.
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Detective Invites Defense Attorney In
- Brian Wharton, former Palestine chief detective, invited Gretchen Swinn into his home after she knocked on his door about Robert's case.
- He immediately admitted the case had always bothered him and agreed to help investigate further.
Allegation Damage Outlasts Charges
- Allegations of sexual assault were repeatedly mentioned at trial despite no corroborating DNA or medical evidence.
- Gretchen argues those allegations poisoned the jury even after prosecutors dropped the charge.
Discredited Science Undermined Conviction
- Gretchen showed that shaken baby science had collapsed since Robert's trial, undermining the prosecution's core theory.
- Removing shaken baby claims, she says, collapses the state's case against Robert.