Melissa Lucio was sentenced to death in Texas after she confessed to beating her 2-year-old daughter, who later died. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. Child Protective Services was present in the family's life, but there was never an accusation of abuse by any of her children, lawyer Vanessa Potkin said. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. But that's not why the American citizen of Mexican origin has made the headlines. Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. Melissa Elizabeth Lucio (born June 18, 1969) is the first woman of Hispanic descent to be sentenced to death in the U.S. state of Texas.She was convicted of capital murder after the death of her two-year-old daughter, Mariah, who was found to have scattered bruising in various stages of healing, as well as injuries to her head and contusions of the kidneys, lungs and spinal cord. "We ask you not to tear those wounds open again. 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. Lucio endured more than five hours of interrogation in which she denied killing Mariah, said Vanessa Potkin, director of special litigation at The Innocence Project. More than a quarter of people exonerated by the Innocence Project in recent decades had confessed to the crime they allegedly committed, as Science reported. She was set to be executed on April 27, 2022, but was granted a stay of execution two days prior by the Texas Court of Criminal Appeals. "I am not here to shout," he said. 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Her family maintains her innocence and has pushed hard to get her off death row. 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. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. She is scheduled to be put to death on April 27. Its unclear how long the process could take. She says that after Mariah's family discovered the child had stopped breathing, they frantically called for help and the responding police rushed to judgment in concluding that Mariah's death had been a murder, due to profound bruising on her body. But as new details have emerged about her case, a growing chorus of lawmakers, faith leaders, anti-domestic violence organizations and celebrities has called for clemency. But jurors didn't hear testimony from any of Lucio's kids. "Their electric service was cut, they moved some 26 times in a five-year period. Melissa Lucio's high-profile fight to overturn her conviction for murdering her daughter has gained the support of politicians, celebrities and even members of the jury that originally sentenced . Son Bobby Alvarez, who was seven when his little sister died, described how he cried every night wanting my momma back after she was taken away. Toon wondered why Lucios story wasnt getting as much attention as the cases of some of the men on Texass death row. / CBS News. As the process unfolds, she will remain on death row, her legal team said. The Texas Court of Criminal Appeals could also stop the execution. 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Aside from Texas legislators and the celebrity Kim Kardashian, Lucios arguments were also enough to convince at least five of her jurors to come forward publicly to call for her execution to be stopped and for a new trial based on evidence they never heard. 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. Melissa Lucio with her children. Texas is scheduled to execute Melissa Lucio next month. 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 court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. The wounds never fully healed. After her conviction for Mariahs murder, Melissas children were taken from her care. John and his wife, Michelle, were filming an interview with Univision in their hotel lobby when John stepped away to take a phone call from Assistant Federal Public Defender Tivon Schardl. Potkin said that now is a complicated time emotionally for Lucio. Please give us the chance for closure. Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. Dozens of politicians from both parties have backed her. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. On Monday, the Texas Court of Criminal Appeals issued a stay of execution, indefinitely delaying Lucios execution and ordering her trial court to review several claims of relief her team had highlighted, including her assertion that she is innocent. Melissa's execution date is set for April 27, 2022. And if he didnt have none 15 years ago, you dont have any today.. Published We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. 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". Ms. Lucio was taken for questioning and was interrogated for nearly five hours, at the time she was pregnant and was going through a shock of the loss of her young child Mariah. Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. appreciated. 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 . The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. And certainly, the court system.. At the time, the family was moving homes, and she reportedly fell due to her physical disability, which left her feet turned to the side, making her unable to walk and prone to tripping. 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. T he highest criminal court in Texas on Monday halted the execution of Melissa Lucio a mother whose murder conviction in the death of her 2-year-old daughter has . Now she can prove her innocence. She was convicted of capital murder following the death of her two-year-old daughter, Mariah, who was discovered to have scattered bruising in various stages . AMERICA continues to hold its breath over the fate of mother Melissa Lucio who was found guilty of capital murder in the 2007 death of her daughter Mariah. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. 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. Her husband continued to abuse her physically, emotionally and sexually, even giving birth to 5 children at the age of 5 and abandoning the whole family, leaving Lucio and her children behind. The detective handed Melissa Lucio a plastic doll and asked her to spank it. 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. Researchers say the risk of a false confession applies not only to traumatized kids, but . This is a beating. Medical experts who reviewed Lucios case now say that Mariahs injuries were entirely consistent with a fall down the stairs, and that Farley failed to rule out that possibility before jumping to her inflammatory conclusion. Potkin says Lucio had inadequate defense during her trial. Among the suppressed evidence, her attorneys say, are indications police and prosecutors knew other family members were aware of Mariahs fall down the stairs and that no one had described the abuse Mariah allegedly suffered. Lucios life wasnt as easy and smooth as other childrens. It simply has not been the same in the past 15 years," he said. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. "It's very common to be mistaken for abuse if you don't look for the signs.". Leach, a co-chair of the House Criminal Justice Reform Caucus, worked with Democratic Rep. Joe Moody to muster an unprecedented level of support for Lucio among an ideologically diverse group of more than 80 state representatives more than half of the members of the Texas House, a body that rarely comes to a decisive consensus about anything. After the death of her two-year-old daughter, Mariah, the court charged her with capital murder. Upon examination, Mariah was found to be in a fetal condition, with various stages of bruising and injuries to her head and contusions to her kidneys, lungs, and spinal cord. Melissa Elizabeth Lucio is an American woman sentenced to death in Texas on August 12, 2008 for the death of her 2-year-old daughter on February 17, 2007. . AMERICA continues to hold its breath over the fate of mother Melissa Lucio who was found guilty of capital murder in the 2007 death of her daughter Mariah. The state called it an admission of guilt for Mariah's death. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. "No court has ever considered the new evidence of Melissa Lucio's innocence," says Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio's attorneys. At the time, the family was moving homes, and she reportedly fell due to her physical disability, which left her feet turned to the side, making her unable to walk and prone to tripping. Despite receiving the death penalty, she was described by campaign organisations as a "loving and caring mother," who tried her best to provide financially for her family. In fact, the court had twice ruled against Lucios appeals. Melissa Lucio holds her daughter Mariah in this undated photograph. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. At the time of his mother's arrest, John was 17 years old. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. Lucios lawyers argue that Dr. Norma Farley, the forensic pathologist who autopsied Mariah, misled the jury when she insisted that Mariahs injuries could only have resulted from a fatal beating. Who is Melissa Lucio? Five of the trial's 12 jurors have called for her clemency. ", First published on April 11, 2022 / 11:29 AM. So, I really try not to think about the future, because right now I have what I want. "That is what I cherish the most. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. And then whichever judge remains on the case will decide the disqualification of the district attorney if he does not recuse himself., Regardless of who ends up in charge, Lucios family and advocates are not waiting onthe courts. According to Lucio, she was once sexually abused by her mothers boyfriend. asked Luciano. 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. On April 27, 53-year-old Melissa Elizabeth Lucio is scheduled to be strapped to a gurney in the Texas execution chamber and given a lethal dose of drugs. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. Lucioss life was not as simple and smooth as other childrens. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. Earlier, Lucio was sentenced to death back in 2008 and at the time when she was imprisoned, she was pregnant with twins, whom she had to give up for adoption as she could not have the nourishment of the babies in jail. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. . Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. Her attorneys are calling for a stay of her execution so her case may be reviewed. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. She gave birth to the twins while in jail and was forced to give them up for adoption. 2022 CBS Interactive Inc. All Rights Reserved. When the . Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. "They refused to listen to her, sending the clear message that this interrogation wasn't going to stop until she told the officers what they wanted to hear.". Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP, Melissa Lucio was pregnant with twins when she was arrested in 2007. Legal team for Melissa Lucio. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. Melissa Lucio, 53, is scheduled to be executed on April 27. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. State Rep. Jeff Leach said, "As a conservative Republican myself who has long been a supporter of the death penalty in the most heinous cases, I have never seen I have never seen a more troubling case than the case of Melissa Lucio.". VideoRecord numbers of guide dog volunteers after BBC story. "At the same time, here we are, seven days away from her execution date. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Lucio is over 77 kgs or 170 lbs .The native of texas uses drugs very often and has been tested for cocaine earlier in her criminal offence. Selina, the fifth of Lucio's 14 children, initially came forward on TikTok back in 2021 after the release of "The State Of Texas vs. Melissa," a documentary on Hulu that covers the case and . I even told her myself that I consider her my best friend. At the time of Lucio's trial, Villalobos was running for reelection against a challenger who criticized him for not thoroughly investigating or prosecuting charges of child abuse. She is the mother of 14 children, including Mariah. A three-judge panel of the U.S. Court of Appeals for the 5th Circuit reviewed Lucio's case and overturned it, finding that she had been denied the opportunity to present a full defense at her trial and that a new trial was warranted. Ms Lucio was taken in for questioning and was interrogated for almost five hours while she was pregnant and going through the shock of losing her young child, Mariah. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. She should never have the opportunity to abuse another child again. Lucio's thoughts are with her children, Potkin said, as she talks to friends about the roles they could play in the life of her kids if she is not alive after next week. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. There were two possible avenues of relief for Lucio. From the moment he walked into the interview room, Escalon testified, he knew that Lucio had done something. The notion that a person can determine anothers guilt or deception through their body language has been roundly discredited. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. Supporters of Melissa Lucio embrace at the Texas Capitol after learning that the Court of Criminal Appeals issued a stay of execution on April 25, 2022. Saenz's office did not respond to a request for comment on the case. ? she exclaimed through tears. CNN Sans & 2016 Cable News Network. The appeals court remanded, or sent back, several claims Lucio raised in an application for a writ of habeas corpus which demands a public official show a valid reason for a persons detention and ordered the trial court to conduct a merits review.. "The death of our sister Mariah and the prosecution of our parents tore our family apart. The fourth claim argues the state suppressed evidence favorable to her defense, violating her rights to due process. We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". One of Mariah's other siblings witnessed the fall and later, when interviewed by Child Protective Services after Mariah's death, stated that he saw his sibling fall down the stairs.". But Lucio had no history of child abuse. Tivon Schardl, supervisory assistant federal public defender in the Capital Habeas Unit in Austin, and part of Lucio's current defense team, said the jurors were not given the full picture: "There's been just a concerted effort to keep this evidence from being considered.". "At some point they didn't hear Mariah playing anymore, went to check on her, and she had managed to get out of the screen door and was at the bottom of the staircase," says Potkin, the Innocence Project attorney. 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