"Evidence that could have been exculpatory?" According to an interrogation with Lucio regarding the death of her youngest child of that time, Mariah fell down the stairs while the family was moving homes back in February 2007. The news was celebrated by Lucio, her attorneys and her family, including her son Bobby Alvarez, who told reporters he and his siblings were trying to decide what to do for Mothers Day. 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. 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. She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. 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. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. It was like, "Ugh, let her rot in Hell." Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. appreciated. 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. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Ms. Lucio's passive and apparently flat demeanor is best explained by her history of repeated sexual, physical, and emotional abuse since childhood.". 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 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. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. 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. What does that mean?. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. The kind of reporting we do is essential to democracy, but it is not easy, cheap, or profitable. Lucio's thoughts are with her children . Leach and a handful of colleagues traveled to visit Lucio in prison. DeSantis won't say he's running. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. ", "Everything," he replied. After her conviction for Mariah's murder, Melissa's children were taken from her care. While in interrogation, Lucio had denied murdering her child dozens of times, but her lawyers argue that her history of sexual assault and abuse often leads to false confessions, NPR reports. Are you serious! . But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. 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. This dental device was sold to fix patients' jaws. At least one juror from the trial says the jury wasn't given the full picture and that if he had known more, he would have never voted for the death penalty. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. 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.. by Jolie McCullough March 24, 2022 3 PM Central. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. 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. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. She hadnt. 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. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. What's he waiting for? CNN has reached out to prosecutors for comment. But the older children had it harder. The execution of Melissa Lucio is off. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. During an emotional press conference he stated, "I don't want my mom to be executed. And despite Mondays stay of execution, she remains on death row, Vanessa Potkin, director of special litigation at the Innocence Project, said in a news conference Monday. She admitted that she had spanked Mariah on the butt, but denied abusing her. Its unclear how long the process could take. Texas woman on death row receives bipartisan support for clemency from state officials. 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. "Melissa didn't observe the fall herself. 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. 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. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. Read about our approach to external linking. Campaigners took up Melissa's cause as one of a miscarriage of justice. Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. 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. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. 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. On 15th April Ms. Lucios attorney filed a habeas petition appealing for her client to seek a stay of her execution and argued that she deserves a new trial because she is innocent and is falsely taken or misunderstood. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. While in interrogation, Lucio had denied murdering her child dozens of times, but her lawyers argue that her history of sexual assault and abuse often leads to false confessions, NPR reports. Alexandra is also another of Melissa Lucio's elder daughters. She is the mother of 14 children, including Mariah. 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. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. 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 . "Do it real hard," he said. Who is Melissa Lucio? The state says Lucio beat her daughter to death. In issuing a stay of execution on Monday, the Texas Court of Criminal Appeals said Melissa's case deserved further scrutiny given mistakes made during the original prosecution, as well as new information that has emerged over the past decade and a half while she has been in jail. 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. Who Are Melissa Lucio Kids? The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. This site uses Akismet to reduce spam. The woman, Melissa Lucio, a mother of 14, was found guilty back in . There is significant evidence of her innocence that no court, no fact finder has ever considered. Consider what the world of media would look like without The Intercept. Police blamed Lucio for . January 25, 2022, 9:34 AM, CST. 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. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. Moments later, he interrupted the interview. That is wonderful. The Texas courts have spared Melissa Lucio's life. According to the innocence project, Melissa, the mother of 14 children, was a loving and caring mother despite facing physical assault and abuse from her partner and ex-husband. 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 . 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. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. 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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. 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. Babe, he said to Michelle, his voice filled with emotion. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . In an undated photo, Melissa Lucio is pictured with one of her young children. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Now she can prove her innocence. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. I think she should be allowed to live as long as she does not have the possibility of parole. It came as it was revealed that Lucio and her children struggled through poverty. Lucio, a . The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. It was fitting that Leach would deliver the news. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. 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 has always maintained her innocence. What evidence would you have? There were two possible avenues of relief for Lucio. Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. 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. . Cameron County District Attorney Luis Saenz who was not the DA at the time of Lucio's trial told Texas lawmakers last week that he would move to delay Lucio's execution if the Board of Pardons and Paroles rejects calls for clemency and the courts don't intervene. 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. Speaking at the press conference, Keith responded to Saenzs statement. 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. 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 . Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. Prosecutors at her . Her cause was taken up by everyone from her living children - her eldest son the most vocal among them - to Kim Kardashian, the celebrity turned would-be lawyer. Five of the trial's 12 jurors have called for her clemency. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. 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. Lucios life wasnt as easy and smooth as other childrens. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. 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. 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.". I even told her myself that I consider her my best friend. It's a disorder, she says, that in other cases has been "confused for child abuse because it causes extensive bleeding and bruising throughout the body. 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. But many doubt Lucio's guilt and call into question the fairness of her trial. Please give us the chance for closure. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. 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 holds her daughter Mariah in this undated photograph. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to 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. 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. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. "When all of this happened, our family split up," he said. 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. April 25, 2022 by John Atsu. 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. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. 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. 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 . 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. Update: Melissa Lucio's execution date has been set for April 27, 2022. 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. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. CNN . John has organised sitdowns seeking the release of his mother and said he will continue fighting. Lucio has always maintained her innocence. 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 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. The daughter, who was still a small child at the time, had to be examined by a doctor for a disability and was unstable when walking. Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. The second claim says new scientific evidence would prevent Lucios conviction. Instead, just before 1 p.m., Bonowitzs phone rang. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. "The death of our sister Mariah and the prosecution of our parents tore our family apart. At the time of his mother's arrest, John was 17 years old. She is the mother of 14 children, including Mariah. Video, Record numbers of guide dog volunteers after BBC story, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, China and Belarus call for peace in Ukraine, Bieber cancels remaining Justice world tour dates, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA, Ruling party wins Nigeria's presidential election. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. The trial court in Brownsville will hold proceedings to hear the evidence of Lucios innocence, Tivon Schardl, one of Lucios attorneys and the chief of the federal public defenders capital habeas unit in the Western District of Texas, said in a news conference Monday. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. "The older ones, we were more or less of age, we were the losers," he said woefully. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. There is a motion pending in the trial court to disqualify him from further participation in this case, Schardl said. Who would hold party elites accountable to the values they proclaim to have? Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. The state of Texas had planned to execute an anonymous woman, she said. Lucio has always maintained her innocence. ", Another of Lucio's children, Bobby Alvarez, carries the words of his mom tattooed on his chest: "I'll always be with you, and here I'll always stay." "No, I'm not." If youre gonna bring it, bring it right. 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. My mom got a stay., After sobs and hugs in the lobby, the family raced to see Lucio. But at least four of those jurors now agree Lucio should get a new trial, given the new evidence and testimony they didn't see. That includes the medical examiner who Lucios application says conducted Mariahs autopsy, ignored indications that Mariahs fatal condition had another cause, and testified the injuries could only have been caused by abuse without exploring the fall down the stairs two days before. 'That's my mother. 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 Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. Naturally, she has brown hair and almost no eyebrow. 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. Former Cameron County . Have you heard the news? "Right now, what I have is my family," Alvarez said. "If they go through with it, they'll be killing an innocent woman.". Thats what brought Luna and Toon to the Capitol on April 25. Melissa Lucio, who maintained her innocence for nearly 14 years, was immediately taken under interrogation and was asserted nearly 100 times until she was manipulated by the police officers to take the responsibility for Mariahs injury. Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. 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. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. Two days later, Mariah went to sleep and didnt wake up. The impact has been felt longest by Melissa's family. 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. She is scheduled to be put to death on April 27. Lucio, the only Latina on death row, was . Legal team for Melissa Lucio Get browser notifications for breaking news, live events, and exclusive reporting. 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. "We ask you not to tear those wounds open again. 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. They probably never will," her kids said in the letter. At this time, it remains unclear if Lucio's execution will be overturned. 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 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. He said she fell down a flight of stairs, and died two days later. According to the Innocence Project, it was an abusive marriage. Legal team for Melissa Lucio "The death of our sister Mariah and the prosecution of our parents tore our family apart. "While there is great optimism in some regards because of the support and because it seems to be resonating with so many people, that she has a compelling claim of innocence and just the injustice that would happen if this execution goes forward," Potkin said on Wednesday. It simply has not been the same in the past 15 years," he said. To see all content on The Sun, please use the Site Map. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". 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. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. "You know, it's my mom. Lucios 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 this undated photograph, Melissa Lucio holds one of her sons, John. They hope to persuade the state's Board of Pardons and Paroles and Gov. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. To prevent Lucio from being executed, Texas Gov. After Toon was released from prison, she remained in touch with Lucio. To inquire about a licence to reproduce material, visit our Syndication site. Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. Researchers say the risk of a false confession applies not only to traumatized kids, but . 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 . 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. Her family and friends are protesting her punishment and claim she . 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.". FilmRise. Mariah is in my heart today and always. 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Mariah & # x27 ; s thoughts are with her next husband, who also turned out to abusive. Lucios private life remained a mystery for many years until her daughter, Mariah and. And remember her without fresh pain, anguish, and grief s children were taken her. During an emotional press conference he stated, `` I do n't want my mom to executed! Ms. Lucio & # x27 ; s execution date on April 27 6 by one of those moves on... Finder has ever considered of work by Lucios attorneys, including those from the Rio Grande.! Next husband, who also turned out to be put to death the news Lucio filed clemency... Was released from prison, she could not be woken from a nap and was pronounced at!
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