Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. ", Now, the power to save Lucio lies in the hands of Texas' Republican Governor Greg Abbott, the Board of Pardons and Parole, and the current Cameron County District Attorney, Luis V. Saenz, whose office said in a statement to CBS News: "A jury of (Lucio's) peers rendered to her a verdict. Michelle described the moment they saw Lucio inside the visitation area. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Covid origin likely China lab incident - FBI chief, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip, Ukraine war casts shadow over India's G20 ambitions, Record numbers of guide dog volunteers after BBC story. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. According to an interrogation with Lucio about the death of their then-youngest child, Mariah fell down a flight of stairs in February 2007 while the family was moving. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. It was sending her case back to district court to consider several pressing claims, including that Lucio was innocent in the 2007 death of her 2-year-old daughter, Mariah. Her lawyers argue that credible science demonstrates that Mariahs death was caused by an accident and that Lucio was sentenced to death for a crime that never happened. Were confident that with the new evidence of innocence, if Melissa was retried today that she would be acquitted, Innocence Project attorney Vanessa Potkin told reporters on Monday afternoon. Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Please give us the chance for closure. More on The Lone Star Plate www.lonestarplate.showSabrina . Her family maintains her innocence and has pushed hard to get her off death row. The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. appreciated. Melissa Lucio Personal Life. Her second partner continued to rape her and threatened her with death. She married at age 16. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. And that's what we're hoping for.". If she is killed, she would be the first Hispanic woman to be executed in Texas in the modern era of the death penalty, and the first woman executed in Texas since 2014. Lucio learned of the stay from Texas state Rep. Jeff Leach, who along with a bipartisan majority of the state legislature has championed her case, calling for clemency or a new trial. Lucio, 52, had been set to be executed by lethal injection Wednesday for the death of her 2-year-old daughter Mariah in Harlingen, a city . ", First published on April 11, 2022 / 11:29 AM. "It's very common to be mistaken for abuse if you don't look for the signs.". Valley Morning Star via AP. Lucio has always maintained her innocence. Her second life partner continued to rape her and threatened her with death. She admitted that she had spanked Mariah on the butt, but denied abusing her. Alexandra is also another of Melissa Lucio's elder daughters. Two days later, Mariah went to sleep and didnt wake up. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. What's he waiting for? And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. Melissa Lucio, 53, is scheduled to be executed on April 27. Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Melissa Lucio, a Mexican-American who is facing execution in Texas on April 27, 2022, was wrongfully convicted and sentenced to death after her daughter, Mariah, sustained injuries from an accidental fall. The state says Lucio beat her daughter to death. "That is what I cherish the most. Looking at her pictures, we can identify that she is overweight. In this undated photograph, Melissa Lucio holds one of her sons, John. Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. After her conviction for Mariahs murder, Melissas children were taken from her care. Potkin says Lucio had inadequate defense during her trial. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. When the news broke, the small crowd gathered outside the governors public reception room at the Texas Capitol erupted with cheers: The states Court of Criminal Appeals had stayed Melissa Lucios impending execution. Melissa Lucio with her children. New FDA-approved drug can slow vision loss, Lawsuits claim dental device wrecked teeth, Pandemic-era SNAP benefits end for millions of Americans as costs rise. The biased investigation supported a prosecution led by a criminally corrupt prosecutor centered on an unreliable, contaminated confession and false scientific evidence that misled and inflamed the jury. After the death of her two-year-old daughter, Mariah, the court charged her with capital murder. The impact has been felt longest by Melissa's family. 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April 28 2022, 3:00 a.m. Melissa Lucio's loved ones react to her stay of execution during a press conference in Gatesville, Texas, on April 25, 2022. We certainly want Melissa to get her hearing as quickly as possible, Schardl said. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. Greg Abbott to either grant an execution reprieve or commute her sentence. Just two days before Melissa Lucio was scheduled to be to be put to death, a Texas court on Monday halted her execution and sent her case back for review. Well, it means youre going to wake up on Thursday morning, Leach replied. According to court documents submitted by Lucio's attorneys, she was sexually abused by her mother's boyfriend starting at the age of 6 abuse that lasted for two years. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. It came as it was revealed that Lucio and her children struggled through poverty. The appeals court order sends Lucios case back to her trial court in the 138th Judicial District in Cameron County, along the border with Mexico at Texass southernmost tip. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Children plead to save mother from execution, Children say toddler's death was accident, plead to save mom from execution: "She's innocent". As Lucio's scheduled execution date draws near, Bobby Alvarez is soaking up every moment he has with his mother, while holding onto that small speck of hope. "Over 100 times, she asserted her innocence," said Potkin. Mariah, on being examined, was found to be in a fetal condition with various stages of bruising and injuries on her head, and contusions of the kidneys, lungs, and spinal cord. Lucio's father died when Lucio was an infant, and her family moved to the Rio Grande Valley when Lucio was almost 3 to 4 years old. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. He was accompanied by family members as well as Sabrina Van Tassel, the director of The State of Texas v. Melissa, who had traveled from Paris to witness Lucios execution. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. Melissa Lucio is scheduled to be executed next week for a crime she says she didn't commit one that may not have even occurred. By Maurice Chammah. "Are you a cold-blooded killer?" Lucio later had nine more children with her next husband, who was also found to be abusive towards her. According to prosecutors, the injuries inflicted on Mariah were the result of physical abuse, while Lucios lawyer says the daughter was injured because she fell down the stairs two days before her death. View our online Press Pack. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. She was set to be executed on April 27, 2022, butwas granted a stay of execution two days priorby the Texas Court of Criminal Appeals. The wounds never fully healed. Oh my God. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. Prosecutors say Lucio fatally beat Mariah but Lucio has long denied that, saying her daughter died from injuries sustained during a fall down a flight of stairs. According to court documents submitted by Lucio's attorneys, she was sexually abused by her mother's boyfriend starting at the age of 6 abuse that lasted for two years . Lucio was previously sentenced to death in 2008 and was pregnant with twins at the time of her incarceration, which she had to put up for adoption as she was unable to support the babies feeding in prison. Im hoping its not the same evidence Mr. Villalobos had. But lawyers and others of Melissa's supporters say she was made to make statements under duress. How many children does Melissa Lucio have? According to court documents submitted by Lucio's attorneys, she was sexually abused by her mother's boyfriend starting at the age of 6 abuse that lasted for two years . Separately, all eyes on Monday had been on the Texas Board of Pardons and Paroles, which had been expected to vote on a recommendation for clemency in Lucios case. For further details of our complaints policy and to make a complaint please click this link: thesun.co.uk/editorial-complaints/, Melissa Lucio was pregnant with twins when she was arrested in 2007, was granted a stay of execution two days prior, Independent Press Standards Organisation (IPSO). Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . Save my name, email, and website in this browser for the next time I comment. The courts order sends the case back to Cameron County, where the trial court will be tasked with considering evidence on four claims that cut to the heart of the states case against Lucio. On April 27, the day Lucio was set to die, they held another rally outside the Cameron Country DAs office, this time calling on Saenz to drop the charges. The lawyers also argue that Farley deployed junk science, including testimony about an alleged bite mark on Mariahs back, to bolster her insistence that Mariah had been abused. Saenz's office did not respond to a request for comment on the case. Your effort and contribution in providing this feedback is much Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. She hadnt. That is our criminal jurisprudence system and it is working., The notion that Saenz would be eager to retry Lucio rather than drop the charges offended Death Penalty Action activist Charles Keith, who spent the past several months traveling to the Cameron County courthouse in Brownsville. The lawyers asked the court to block the execution and send the case back to the lower court for further scrutiny and ultimately, a new trial. But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. While she technically remains on death row, her case is due to be reviewed again. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. But the attention the case has garnered helped spotlight the earlier errors in the trial and win a halt to what would be the first execution of a Hispanic woman carried out in Texas in modern times. The Board then announced it would not vote at that time. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. April 25, 2022 by John Atsu. She received abuse throughout her childhood and teenage years. The evidence presented in this case shows that, at about 7:00 p.m. on Saturday, February 17, 2007, paramedics were dispatched to an apartment where Melissa Lucio lived with nine of her children and an adult male named Robert Alvarez, who was the father of at least seven of these children and whom Melissa Lucio referred to as her husband. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . This is terrifying it should be terrifying for everybody.. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". Gilman questioned why the CPS was trying to permanently revoke Lucio's . After her conviction for Mariahs murder, Melissas children were taken from her care. But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Witness testimony from one of Mariah's siblings about the 2-year-old's fall down an uneven staircase two days before her death never made it before the jury, and expert witnesses were not allowed to testify on reasons why Lucio might have made a false "confession.". Melissa Lucios loved ones react to her stay of execution during a press conference in Gatesville, Texas, on April 25, 2022. on about your day, ask yourself: How likely is it that the story you just read would have been produced by a different news outlet if The Intercept hadnt done it? The detective handed Melissa Lucio a plastic doll and asked her to spank it. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. We put our hands up to the glass, and we all began to cry., The press conference was still underway when Saenz, the Cameron County district attorney, released a statement responding to the stay of execution: I welcome the opportunity to prosecute this case in the courtroom, where witnesses testify under oath, where witnesses can be cross-examined, where evidence is governed by the rules of evidence and criminal procedure, and where the court rules pursuant to the rule of law, it read. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. hide caption. Speaking at the press conference, Keith responded to Saenzs statement. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. "Right now, what I have is my family," Alvarez said. Toon had been the inmate librarian at the Mountain View prison unit where Texass female death row prisoners are housed, and shed gotten to know Lucio over the years. After Toon was released from prison, she remained in touch with Lucio. . Prosecutors said she confessed after this police interrogation, and on the testimony of one of the agents who said he was "convinced" she was guilty, and on the injuries that Mariah's body had shown at the time of her death. Texas is scheduled to execute Melissa Lucio next month. Babe, he said to Michelle, his voice filled with emotion. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. In 2020, a documentary about the case history of Melissa Lucio was directed by Sabrina Van Tassel titled The State of Texas vs. Melissa. For 14 years, Lucio had been on . Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. Ultimately, the two women hooked up with Abraham Bonowitz, executive director of Death Penalty Action, who had organized a campaign around Lucios case across Texas and beyond. Experts on false confessions who reviewed the interrogation tapes say Lucio was especially vulnerable, as a victim of child sexual abuse and later domestic violence, developing defense mechanisms. Melissa Lucio is scheduled to be executed next week for a crime she says she didn't commit one that may not have even occurred. Her life was worth nothing to them. But jurors didn't hear testimony from any of Lucio's kids. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. 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