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". It was like, "Ugh, let her rot in Hell." 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. This is terrifying it should be terrifying for everybody.. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. 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. They hope to persuade the state's Board of Pardons and Paroles and Gov. 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. And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. Its unclear how long the process could take. 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. Looking at her pictures, we can identify that she is overweight. 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. 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 . In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. It simply has not been the same in the past 15 years," he said. In this April 6, 2022 photo provided by Texas state Rep. Jeff Leach, Rep. Leach stands next to death row inmate Melissa Lucio during a visit by a group of seven lawmakers to the Mountain View Unit in Gatesville, Texas. We cant say exactly how long, but we certainly dont want her to spend one day longer in prison than is absolutely necessary.. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. They probably never will," her kids said in the letter. 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. In 2008, Melissa Lucio was sentenced to death in Texas for the murder of her 2-year old daughter Mariah, who died two days after a tragic fall down a flight of stairs. (Texas state Rep. Jeff Leach via AP), halted her execution and sent her case back for, But she, her family and attorneys say she is innocent and was wrongfully convicted. And she did, saying she spanked the child, but never admitting to the use of deadly force. "Do it real hard," he said. 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. In this undated photograph, Melissa Lucio holds one of her sons, John. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. She was convicted 14 years ago of murdering her 2-year-old . The Texas courts have spared Melissa Lucio's life. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? On 25th April 2022, the Texas Court issued a stay of execution and ordered the 138th Judicial District Court of Cameron County to consider new evidence in the case of Lucio for her innocence regarding the death of her daughter Mariah. At the time of his mother's arrest, John was 17 years old. The daughter, who was a toddler at that time, had to go through a physical disability and was unstable while walking. In shock and grieving the loss of her baby the youngest of her 12 children at the time Ms. Lucio was taken into police custody and immediately blamed for her daughter's death. She tried to explain to no avail that Mariah had fallen down the stairs a few days earlier; the possibility that the childs death was not murder but the result of a tragic accident was never investigated. After her conviction for Mariahs murder, Melissas children were taken from her care. Save my name, email, and website in this browser for the next time I comment. She said that she was all the time sexually abused by her first husband who later left her along with five children and parted away. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. That decision will ultimately turn on another motion filed by Lucios lawyers, seeking the recusal of Cameron County District Court Judge Gabriela Garcia, whose court administrator was also part of Lucios legal team. The medical examiner concluded Mariah died from a blow to her head. In 2008, she was found guilty of murdering her 2-year-old daughter. For other inquiries, Contact Us. The trial court will also be asked to consider the claim that Lucio is innocent of murder. Texas woman on death row receives bipartisan support for clemency from state officials. She is the mother of 14 children, including Mariah. "It's very common to be mistaken for abuse if you don't look for the signs.". In 2008, Lucio was convicted and sentenced to die. 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. So, I really try not to think about the future, because right now I have what I want. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. At the age of 16, she turned into a child bride but again had to face abusive marriage. 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. For 14 years, Lucio had been on . According to local media, others are still convinced she committed the crime - Melissa had a previously had a history of drug use and some of her children had been taken into care, the jurors heard at her trial - though there was no evidence of abuse. . And if he didnt have none 15 years ago, you dont have any today.. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. The end result could be that she could obtain a new trial, Potkin said, and were confident if Melissa was retried today that she would be acquitted.. Melissa Lucio Early Life. "They badgered, berated and yelled at her until she finally agreed to their demands and insistence that she was guilty of harming her child," said Ms Babcock, who argues that there was a "rush" to judge her guilty. At the time of Mariah's death in 2007, Ms. Lucio lived with Mariah's father, Robert Alvarez, and nine children; the family had just moved into a new apartment. State Rep. Jeff Leach, R-Plano, and other members of the Texas House Criminal Justice Reform Caucus ask state officials to halt the execution of . After her conviction for Mariah's murder, Melissa's children were taken from her care. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the state. 'That's my mother. 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. This couldve been me, she said. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. 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. Legal team for Melissa Lucio In fact, the court had twice ruled against Lucios appeals. ", Bobby was seven when Mariah died. She says she was coerced to confess by a Texas Ranger during her interrogation. This dental device was sold to fix patients' jaws. Save my name, email, and website in this browser for the next time I comment. Upon learning that her execution had been stayed, Melissa said in a statement: "I am grateful the Court has given me the chance to live and prove my innocence. 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. Meg & Harry 'stunned' by King's 'cruel' Frogmore eviction 'punishment', Harry and Meghan evicted from Frogmore Cottage by King Charles after Spare memoir, Emmerdale's Amy Nuttall caught cheating hubby after sexy lingerie slip-up, Shoppers are rushing to buy 23 beauty staple for just 99p at Home Bargains, News Group Newspapers Limited in England No. John Oliver, the comedian, featured the case in a segment on wrongful convictions on his HBO news programme last month, and Kim Kardashian earlier this month tweeted a letter to the Texas governor signed by nine of Melissa's children pleading for her life to be spared. "The death of our sister Mariah and the prosecution of our parents tore our family apart. On April 15, Ms Lucios lawyer filed a habeas petition, appealing to her client to seek a stay of her execution, arguing that she deserves a new trial because she is innocent and wrongly arrested or misunderstood become. The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. The lawmakers say they are troubled by Lucio's case and believe her execution should be stopped as there are legitimate questions about whether she is guilty. "Do it real hard," he said. This child had more bruises than Ive ever seen in any case that I had before, she said. "No, I'm not." Courtesy of the Lucio family. Lucio was convicted for the death of her daughter Mariah Alvarez. Prosecutors at her . 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. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. . Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. Who would hold party elites accountable to the values they proclaim to have? Please enter valid email address to continue. Fourteen years after she was sent to Texas' death row, Melissa's Lucio will finally get the chance to have new evidence of her innocence claims . We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". A majority of the judges said the conviction had to be upheld because they were barred by a procedural rule that limits a federal court's ability to review state court findings. 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. But lawyers and others of Melissa's supporters say she was made to make statements under duress. Mariah reportedly did not have any visible injuries, but after Lucio put her down for a nap, she did not wake up and was later taken to the hospital, where she was declared dead. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. 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. 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. "You start peeling back the layers and you see that it is a case about corrupt prosecutors, it's a case about unfairness," Ms Babcock said. Photograph: The Guardian. Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. As the process unfolds, she will remain on death row, her legal team said. "The older ones, we were more or less of age, we were the losers," he said woefully. 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. After five hours of questioning, during which Lucio expressed her innocence more than 100 times, she eventually said "I guess I did it" when asked if she was responsible for some of her daughter's injuries. Melissa Lucio, who maintained her innocence for nearly 14 years, was immediately interrogated and alleged nearly 100 times until she was manipulated by police officers into taking responsibility for Mariahs injury. ", "Everything," he replied. Although interviews with Lucio's children, her mother, and her sisters give the clear sense that Melissa's family wants her home, it never really feels like the family members get comfortable . Read about our approach to external linking. At this time, it remains unclear if Lucio's execution will be overturned. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Lucio, a mother of 14, has been on Texas death row since 2008, when she was convicted in the murder of her 2-year-old daughter the prior year. 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. But she, her family and attorneys say she is innocent and was wrongfully convicted of capital murder. The BBC is not responsible for the content of external sites. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. 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. Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. 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 . According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . Opinion is divided on her guilt, though - many of her living children have backed up her claim of innocence, and five of the jurors who convicted her have since expressed misgivings over the verdict. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Lucio has always maintained her innocence. 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. On 27 April, Melissa Lucio was supposed to die. Texas death row inmate Melissa Lucio, dressed in white, leads a group of seven Texas lawmakers in prayer on April 6 in a room at the Mountain View Unit in Gatesville, Texas. Discovery Company. At the time of the abuse she was only 6 years old and could not do anything, but the conditions remained the same for at least two years. By the time she gave birth to her twelfth child, Melissa had experienced homelessness, drug addiction, and severe mental illness," according to an amicus brief filed by former prosecutors, anti-violence organizations and others on Lucio's behalf. She was abused throughout her childhood and adolescence. Who is Melissa Lucio? By Monday morning, there was a fair amount of speculation spreading among activists about what would happen; word was that the board had already made its decision and would make its announcement by early afternoon. She was convicted 14 years ago of murdering her 2-year-old . The idea that the office mightve engaged in legal trickery to invigorate their case against Lucio is hardly surprising; then-District Attorney Armando Villalobos was trying to rehabilitate his reelection campaign amid allegations of corruption, and he was up against a challenger who had taken him to task for failing to prosecute child abuse cases. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Instead, just before 1 p.m., Bonowitzs phone rang. After years of unsuccessful appeals, Melissa Lucio, a Rio Grande Valley woman convicted of killing her 2-year-old daughter, has learned the date of her execution April 27. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. The state of Texas had planned to execute an anonymous woman, she said. This site uses Akismet to reduce spam. 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. 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. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. To see all content on The Sun, please use the Site Map. She married at age 16. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. The 53-year-old was convicted in 2008 for the murder of her 2-year- old daughter, and would be the first Latina killed by the state if her execution goes as planned. 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. After reviewing her claims and the evidence, the court would then make a recommendation to the Texas Court of Criminal Appeals, which would ultimately decide whether Lucio gets a new trial. The case hinges on an interrogation of Lucio conducted two hours after Mariah died, during which officers tried to get Lucio to confess to hurting her daughter. 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. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. "Ever since this accident took place, there has been a great division amongst us. Lawsuits claim it wrecked their teeth. Lucio later had nine more children with her next husband, who was also found to be abusive towards her. He has spent his entire adult life fighting for her release. 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. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. Lucios father died when Lucio was an infant and her family moved to Rio Grande Valley when Lucio was nearly 3 to 4 years old. As of 2021, Melissa has been on death row for 13 years. by Jolie McCullough March 24, 2022 3 PM Central. In 2020, a documentary about the case history of Melissa Lucio was directed by Sabrina Van Tassel titled The State of Texas vs. Melissa. 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. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. 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. 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. 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. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. AP Melissa Lucio holds her daughter Mariah in this undated photograph. Or sleeping well. Greg Abbott to spare their mom's life. But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. Her legal team, including attorneys from the federal public defender office in Austin and the Innocence Project, had filed a clemency petition with the Texas Board of Pardons and Paroles, asking them to recommend that Gov. Potkin said that now is a complicated time emotionally for Lucio. 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