The Innocence Project’s Toxic Empathy Betrays Victims Like Cassie Riley

Last month, Marvin Lee Mutch, a convicted child murderer who was charged with drowning 13-year-old Cassie Riley in 1974, was arrested for possessing child sex abuse material, an illegally owned firearm, ammunition, and a controlled substance. After 40 years in San Quentin Prison, Mutch was released in 2016, thanks to the efforts of an organization called the Innocence Project. This isn’t the first time the group has argued for the release of a criminal who has gone on to harm new victims.

Consider Robert Roberson, a Texas death row inmate whose 2024 case flooded headlines. Described by the Innocence Project as a “child-like” autistic father, Roberson gained the sympathies of many prominent figures on both sides of the political aisle. Days before Roberson’s set execution date of October 17, 2024, CNN’s Jake Tapper conducted a sympathetic interview with the detective who worked on Roberson’s case, who called for Roberson to be spared the death penalty. Dr. Phil, RFK Jr., and Bret Weinstein, conservative allies whom I believe to be well meaning, also defended Roberson and called for a stay of his execution. The Innocence Project led the charge on Roberson’s behalf, persuading the public and Texas lawmakers that a grieving, autistic father had been wrongly blamed for the 2002 murder of his two-year-old daughter, Nikki. The group claimed Roberson’s conviction was based on “debunked” Shaken Baby Syndrome and an accidental bed fall. Who can blame one for rushing to Roberson’s defense when presented with this story? It tugs on the heartstrings and demands justice. However, to maintain this narrative that captivated so many well-meaning people, the Innocence Project left out the damning details that actually led to Roberson’s conviction.

Nikki, just 2 years old, died in Roberson’s care. According to the testimonies delivered during Roberson’s trial, Nikki’s injuries were consistent with brutal abuse. ER Nurse Andrea Sims testified Nikki had a handprint on her face, a “mushy” skull, and her entire brain shifted from trauma. Dr. John Ross, the pediatrician who examined Nikki, testified that he ruled out a fall, insisting the trauma had to have been caused intentionally. Nurse Kelly Gurganus described Nikki’s blue skin, unlike anything she’d seen, even in drownings. Dr. Thomas Konjoyan, the ER physician who examined Nikki, confirmed her brain was pushed to death by uncal herniation — an injury no bed fall could cause. 

It gets worse. Nurse Sims found three anal tears and abnormal rectal laxity, signs of sexual assault. Roberson confessed to a cellmate he put his penis in Nikki’s mouth and rubbed it on her. His ex, Della Gray, testified he abused her children, leaving bruises and a hickey on one. His own mother warned he’d kill Nikki. With 17 arrests, including felonies, Roberson is no victim. Yet the Innocence Project paints him as a misunderstood Forrest Gump.

Now, Roberson’s fate hangs in the balance as he awaits his new execution date. Attorney General Ken Paxton has signaled that he’ll continue seeking justice for Nikki. Will Texas legislators join him in this fight, or will they cave to IP’s anti-justice demands?

So why would the Innocence Project defend such a man? The Innocence Project, founded in 1992 by O.J. Simpson’s lawyers Barry Scheck and Peter Neufeld, is a radical left-wing organization that uses these kinds of misleading cases of supposed wrongful convictions to erode public confidence in capital punishment. They freed O.J. despite blood evidence and use the same tactics to pursue their ultimate goal of abolishing the death penalty at all costs. And it seems to be working: since 1992, public support for the death penalty has dropped from 80% to 53%, fueled by their sob stories about “wrongly” convicted killers like Roberson. They erode trust in our courts, claiming a “broken system” while ignoring victims like Nikki.

Their leadership exposes their bias. Executive Director Christina Swarns, a former NAACP lawyer, saved cop-killer Mumia Abu-Jamal, whose guilt is undeniable. Board member Alondra Nelson praises Black Panthers and pushes DNA testing for slave reparations. Yusef Salaam, of Central Park Five fame, campaigned for Kamala Harris. Cedric Alexander, an Obama advisor, demonizes January 6 protesters. Ekow Yankah wrote he won’t let his children befriend white people. Bankrolled by George Soros’s Open Society, Mackenzie Scott, and even taxpayer dollars through the U.S. Bureau of Justice Assistance, they’re activists, not impartial advocates.

Conservatives should view The Innocence Project like BLM: a radical leftist group using toxic empathy to twist our compassion and godly desire for justice, just to push a dangerous agenda.

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Allie Beth Stuckey is a conservative commentator, host of the podcast “Relatable,” and New York Times bestselling author of “Toxic Empathy: How Progressives Exploit Christian Compassion“

The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.

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