People who believe Roberson is guilty have also repeated claims that he sexually abused Nikki.
But just one nurse made that allegation: Andrea Sims, who said at trial that she was a certified sexual assault examiner before later admitting on cross-examination that she was not, in fact, certified.
Roberson’s attorneys and Brian Wharton, the case’s lead investigator, said that Sims examined Nikki for signs of sexual abuse without being asked by law enforcement.
Sims testified that she saw three anal tears that led her to conclude sexual abuse. The prosecutor then asked her to conject, before the jury, about pedophiles and anal sex.
Squires, the Dallas pediatrician, refuted Sims’ conclusion, saying she observed one tear and took it as typical for a toddler.
Then, even after dropping the allegation as grounds for capital punishment, the prosecutor discussed sexual abuse in his closing statement to the jury.
Roberson’s attorneys condemned the sexual abuse allegation as unsubstantiated and prejudicial to Roberson’s trial, noting that the state offered no evidence beyond Sims’ testimony. They added that Nikki struggled with diarrhea in the week leading up to her death.
“This is being thrown around, in my opinion, recklessly and dangerously all over the internet right now that Roberson sexually abused and did other things to Nikki,” state Rep. Brian Harrison, R-Midlothian, said Oct. 21.
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He asked Salzman, who supported Roberson’s appeals, whether there has “ever been a scintilla of substantiated evidence to support that claim.”
“Absolutely not,” Salzman said.
In his Oct. 23 release, Paxton also detailed a jailhouse informant’s claim that Roberson had admitted to molesting Nikki — a report that even the prosecution did not raise during the trial.
“By including this information, the [attorney general’s office] has repeated a lie with, at best, a complete indifference to the truth,” the lawmakers wrote in their rebuttal. “The ‘jailhouse snitch’ here wove a tale so outrageously contrary to the evidence that prosecutors didn’t use it at trial.”