The state of Texas had planned to execute an anonymous woman, she said. 2. . Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. "You know, it's my mom. Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. Or sleeping well. She was convicted 14 years ago of murdering her 2-year-old . Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". But many doubt Lucio's guilt and call into question the fairness of her trial. 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. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. 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. Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. In an undated photo, Melissa Lucio is pictured with one of her young children. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. But she has always maintained her innocence, saying that the toddler had died from an accidental fall, not from "beating and torturing", as prosecutors in Texas claimed. January 25, 2022, 9:34 AM, CST. As per the data, Melissa Lucio is only 5 feet 2 inches tall. FilmRise. She was convicted 14 years ago of murdering her 2-year-old . Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. "Over 100 times, she asserted her innocence," said Potkin. Her life was worth nothing to them. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. 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. Even after none of her children of Lucio accepted the physical abuse by their mother, the police and the pathologists continued to claim that Mariahs death was not because of the fall from stairs. "It's very common to be mistaken for abuse if you don't look for the signs.". 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 . Discovery Company. For a time, the only access they had to water was through their neighbours' houses or from the parish.". What does that mean?. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. The 53-year-old is in the news because she is facing execution. She received abuse throughout her childhood and teenage years. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. 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.. 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. April 11, 2022 / 11:29 AM Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. 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. The impact has been felt longest by Melissa's family. 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. Share. Who would hold party elites accountable to the values they proclaim to have? "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. She is the mother of 14 children, including Mariah. "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. / CBS News. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . Two days later, her father called police when Mariah suddenly stopped breathing. Mariah is in my heart today and always. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. The fact that Lucio was granted a stay at all is also relatively unusual; the Court of Criminal Appeals rarely sticks its neck out to pause the states machinery of death. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. In this undated photograph, Melissa Lucio holds one of her sons, John. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. "We ask you not to tear those wounds open again. Her family maintains her innocence and has pushed hard to get her off death row. (AP) "She is not guilty of the death of my baby sister.". Texas state Rep. Jeff Leach via AP 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 . We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. Detectives rushed to judgment and, just two hours after Mariah died, took Ms. Lucio in for questioning. Your effort and contribution in providing this feedback is much She is scheduled to die by lethal injection on Wednesday. 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 research says that Mariah was physically abused and people like Ms. Lucio often agree to the conditions which they never convicted while being under huge pressure from the majority of people. Well, it means youre going to wake up on Thursday morning, Leach replied. . 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 Lucio was sentenced to death in Texas after she confessed to beating her 2-year-old daughter, who later died. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. Learn how your comment data is processed. Gilman questioned why the CPS was trying to permanently revoke Lucio's . 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. There were two possible avenues of relief for Lucio. Campaigners took up Melissa's cause as one of a miscarriage of justice. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. Legal team for Melissa Lucio Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. 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. At the time, the family lived in a small two-bedroom, second-floor flat. Keith knew all too well what Lucios loved ones had just been through: His own brother, Kevin Keith, came less than two weeks from execution in Ohio despite doubts over his guilt. 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. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. 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. 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 . According to the prosecutor, the injuries that were made to Mariah were the results of physical abuse while Lucios attorney says that the injuries were made to the daughter because she fell down the stairs two days before her death. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. 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. "It looks from the outside like somebody has gotten, say, punched," said Schardl. Toon wondered why Lucios story wasnt getting as much attention as the cases of some of the men on Texass death row. 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. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). 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. There is significant evidence of her innocence that no court, no fact finder has ever considered. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. "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.". 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. 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. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. 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. Prosecutors at her . Lucio has always maintained her innocence. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. But Lucio had no history of child abuse. Have you heard the news? 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. ", 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." At times, they were homeless and relied on food banks for meals, according to the petition. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. As the process unfolds, she will remain on death row, her legal team said. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. VideoRecord numbers of guide dog volunteers after BBC story. 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. And that's what we're hoping for.". 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. Director of The State of Texas vs. Melissa, Sabrina Van Tassel argues for Melissa Lucio's retrial. As a poor woman of minority background living in south Texas, she had no money to hire a lawyer and was instead given a court-appointed attorney, who made errors that resulted in an unfair trial, Melissa's current lawyers have said. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. This dental device was sold to fix patients' jaws. 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. This child had more bruises than Ive ever seen in any case that I had before, she said. 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. She gave birth to the twins while in jail and was forced to give them up for adoption. Mariahs father, Roberto Antonio Alvarez was also arrested in relation to her death but he was only convicted of endangering a child and sentenced to four years in prison. Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. The state called it an admission of guilt for Mariah's death. He has spent his entire adult life fighting for her release. The Texas Court of Criminal Appeals could also stop the execution. At this time, it remains unclear if Lucio's execution will be overturned. 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. 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. Among the experts her attorneys sought to put on the stand was a psychologist who planned to testify that Lucio's history as a survivor of domestic and sexual abuse helped explain why she told interrogators what they wanted to hear even if it wasn't true. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . 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. "No, I'm not." 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. The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. However, she has maintained her innocence ever since. In an undated photo, Melissa Lucio is pictured with one of her young children. 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 . Lucioss life was not as simple and smooth as other childrens. Published May 2, 2022 10:56 a.m. PDT. Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. Greg Abbott to spare their mom's life. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. "Evidence that could have been exculpatory?" At this time, it remains unclear if Lucio's execution will be overturned. The second claim says new scientific evidence would prevent Lucios conviction. 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 . At the time of his mother's arrest, John was 17 years old. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. 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. "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. CNN has reached out to prosecutors for comment. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. The detective handed Melissa Lucio a plastic doll and asked her to spank it. Greg Abbott to either grant an execution reprieve or commute her sentence. "So first and foremost, the Texas Court of Criminal Appeals could issue a stay so that the evidence of Melissa Lucio's innocence can be fully litigated in the court. The trial court will also be asked to consider the claim that Lucio is innocent of murder. At this time, it . Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. Lucio, the only Latina on death row, was . On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. It came as it was revealed that Lucio and her children struggled through poverty. 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 . Moments later, he interrupted the interview. CNN Sans & 2016 Cable News Network. 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". In 2008, she was found guilty of murdering her 2-year-old daughter. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. 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 . Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. The state of Texas has issued a death warrant seeking to execute Melissa Lucio (pictured), a battered woman who was sentenced to death for what may have been an accidental fall that killed her two-year-old daughter.She is scheduled to be executed April 27, 2022. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. Lucio later had nine more children with her next husband, who was also found to be abusive towards her. 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.. It was like, "Ugh, let her rot in Hell." She married at age 16. It simply has not been the same in the past 15 years," he said. 'That's my mother. Texas woman on death row receives bipartisan support for clemency from state officials. The daughter, who was a toddler at that time, had to go through a physical disability and was unstable while walking. 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. One of her other daughters, Adriana, stands at left. 2022 CBS Interactive Inc. All Rights Reserved. ? she exclaimed through tears. Greg Abbott could grant her clemency. "The older ones, we were more or less of age, we were the losers," he said woefully. 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. In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. But the trial judge ruled that testimony "irrelevant," according to court documents. 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