Dallas County man exonerated in 1997 shaken baby case

DALLAS – A Dallas County man who was convicted in a Shaken Baby Syndrome case more than two decades ago has been exonerated.
In 1997, Andrew Roark was arrested for injury to a child after his girlfriend’s 1-year-old daughter was found unconscious in his home. Doctors at the time said the child had been violently shaken.
The baby survived after the brain swelling subsided, but she suffered permanent brain damage.
Roark was convicted and sentenced to 35 years in prison.
However, the Dallas County District Attorney’s Office said that the theory of Shaken Baby Syndrome is no longer supported by medical and scientific experts.

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A 2013 law allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible.
Roark was released on bond in 2012 after the DA’s office agreed to give him a new trial.
After additional court hearings in 2014, 2019, and 2023, the DA’s office recommended that Roark’s conviction be vacated.
The Texas Court of Criminal Appeals officially overturned the conviction in October and the exoneration was finalized in November.
“There exists no evidence in which we could support a conviction and believe Mr. Roark is actually innocent,” Dallas County District Attorney John Creuzot said. “We firmly believe would the same facts and circumstances occur today, Mr. Roark would be acquitted of any charges brought against him, therefore he should enjoy the presumption of innocence.”  

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The Supreme Court ruled that lawmakers cannot stop executions through a legislative subpoena. The opinion clears the way for the execution of Roberson, who was convicted of murder in a 2002 shaken baby case.
“The scientific evidence in this case was highly technical and required careful review.  After reading the Court of Criminal Appeals’ opinion, it is evident that the high court also thoroughly examined all the evidence when reaching the conclusion that the advancements in science entitled Roark to a new trial and that it is unlikely a jury would convict him in light of those advancements,” said CIU Chief Prosecutor Cynthia R. Garza. 
Roark is the 47th person exonerated in Dallas County since 2001.
The Innocence Project of Texas represented him.
The information in this story comes from a news release from the Dallas County District Attorney’s Office.