Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. 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. 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. Villalobos could not be reached for comment. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. Two days later, her father called police when Mariah suddenly stopped breathing. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. "Do it real hard," he said. Melissa Lucio Personal Life. Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. Now 32, John struggled with his own brushes with the law, but has tried to put his life back together again: he returned to school, he began running marathons and triathlons. hide caption. After finding no other injuries, Melissa said she had continued on with her day. Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. 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. But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. "The older ones, we were more or less of age, we were the losers," he said woefully. "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. 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. Please give us a chance for peace. 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. They probably never will," her kids said in the letter. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. 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. 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. After her conviction for Mariahs murder, Melissas children were taken from her care. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. The wounds never fully healed. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . "If they go through with it, they'll be killing an innocent woman.". In an undated photo, Melissa Lucio is pictured with one of her young children. She should never have the opportunity to abuse another child again. In fact, the court had twice ruled against Lucios appeals. However, she has maintained her innocence ever since. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. 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. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . 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. 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. A pathologist interviewed by The Intercept says the medical examiner who conducted Mariah's autopsy jumped to conclusions and ignored evidence that Mariah died due to an accident. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. 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. Thats what brought Luna and Toon to the Capitol on April 25. Discovery Company. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. 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. At this time, it remains unclear if Lucio's execution will be overturned. On April 25, 2022, the Texas court granted a stay of execution and directed the Cameron County 138th Circuit Court to review Lucios case with new evidence of her innocence regarding the death of her daughter Mariah. 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 Lucio is scheduled to be executed next week for a crime she says she didn't commit one that may not have even occurred. But jurors didn't hear testimony from any of Lucio's kids. Lucio, a . It was sending her case back to district court to consider several pressing claims, including that Lucio was innocent in the 2007 death of her 2-year-old daughter, Mariah. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Daniela is Melissa's eldest daughter. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. The daughter, who was a toddler at that time, had to go through a physical disability and was unstable while walking. She received abuse throughout her childhood and teenage years. If youre gonna bring it, bring it right. Texas is scheduled to execute Melissa Lucio next month. Gilman questioned why the CPS was trying to permanently revoke Lucio's . In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. 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.". She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. She admitted that she had spanked Mariah on the butt, but denied abusing her. The execution of Melissa Lucio is off. 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. After the death of her two-year-old daughter, Mariah, the court charged her with capital murder. Her life was worth nothing to them. 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. "Oh, it's definitely exculpatory," Schardl replied. 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 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.. We put our hands up to the glass, and we all began to cry., The press conference was still underway when Saenz, the Cameron County district attorney, released a statement responding to the stay of execution: I welcome the opportunity to prosecute this case in the courtroom, where witnesses testify under oath, where witnesses can be cross-examined, where evidence is governed by the rules of evidence and criminal procedure, and where the court rules pursuant to the rule of law, it read. 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. The detective handed Melissa Lucio a plastic doll and asked her to spank it. "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. Lucio was married at the age of 16 and she produced five children with her husband, who used to abuse Lucio all the time while being in the relationship. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. Melissa Lucio with her children. Melissa Lucio, 53, was sentenced to die by lethal injection for the 2007 death of her daughter, Mariah, which police and prosecutors attributed to a beating at the hands of her mother. At the time, the family lived in a small two-bedroom, second-floor flat. Her family and friends are protesting her punishment and claim she . 'That's my mother. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. As per the data, Melissa Lucio is only 5 feet 2 inches tall. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. 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. Lucio's lawyers say the evidence shows it was a tragic accident. What does that mean?. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. In 2008, Lucio was convicted and sentenced to die. CNN Sans & 2016 Cable News Network. 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. "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. Save my name, email, and website in this browser for the next time I comment. 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. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. Texas state Rep. Jeff Leach via AP On the other hand, Lucio said she was pressured into giving false information about the allegations. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. During an emotional press conference he stated, "I don't want my mom to be executed. 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. Lucio woke up on February 15, 2007, got some of the children ready for school and then turned her attention to packing up their "run-down, second-floor apartment," the petition says. View our online Press Pack. Lucio's thoughts are with her children . 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. The latest bid to spare Melissa Lucio's life comes 14 years after she was sentenced to death in a capital murder case involving the youngest of her dozen children at the time. 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". This site uses Akismet to reduce spam. 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 . Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. She received abuse throughout her childhood and teenage years. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Who would hold party elites accountable to the values they proclaim to have? I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". 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. 2. "When all of this happened, our family split up," he said. Well, it means youre going to wake up on Thursday morning, Leach replied. The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. Lucioss life was not as simple and smooth as other childrens. Looking at her pictures, we can identify that she is overweight. So, I really try not to think about the future, because right now I have what I want. In 2020, a documentary was made regarding the case story of Melissa Lucio by Sabrina Van Tassel with the title The State of Texas vs. Melissa. In 2007, Lucio's family was living in a second-floor apartment in Harlingen, in Texas' Rio Grande Valley, and the family was preparing and packing to move to a new home. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. 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.. 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. At least for now. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. 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 . She gave birth to the twins while in jail and was forced to give them up for adoption. Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. 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. At the age of 16 she became a child bride but once again had to face an abusive marriage. asked Luciano. To prevent Lucio from being executed, Texas 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. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. "Do it real hard," he said. This child had more bruises than Ive ever seen in any case that I had before, she said. Its unclear how long the process could take. 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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. "Right now, what I have is my family," Alvarez said. John has organised sitdowns seeking the release of his mother and said he will continue fighting. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. 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. For 14 years, Lucio had been on . At this time, it remains unclear if Lucio's execution will be overturned. 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. The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. 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April 11, 2022 / 11:29 AM 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. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. Greg Abbott to spare their mom's life. "That is what I cherish the most. They hope to persuade the state's Board of Pardons and Paroles and Gov. Alexandra is also another of Melissa Lucio's elder daughters. 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. Similarly, movie personalities have produced Melissa Lucios story in either documentaries, shorts, or movies, but no one could deny the fact that she would be sentenced to death. Photograph: The Guardian. There were two possible avenues of relief for Lucio. Update: Melissa Lucio's execution date has been set for April 27, 2022. 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. Lucio has always maintained her innocence. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. 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 . 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. Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. . Melissa Lucio and her children. Born July 18, 1968, Lucio, 53, is known as a convicted killer. Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. 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. "If Melissa does not get a stay by a certain day, then I will do what I have to do and stop it," Saenz said, as the Austin American-Statesman reported. Lucio's current lawyers say new evidence shows that Mariah's injuries, including the blow to the head, were caused by a fall down a steep staircase, as Melissa and some of her children have . 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. 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. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. The impact has been felt longest by Melissa's family. Potkin says Lucio had inadequate defense during her trial. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. "Are you a cold-blooded killer?" 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. Neither woman had been eating very much. What's he waiting for? . Leach and a handful of colleagues traveled to visit Lucio in prison. 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. Toon wondered why Lucios story wasnt getting as much attention as the cases of some of the men on Texass death row. At the time of the abuse, she was merely 6 years old and could not do anything, but the conditions remained the same for at least two years. Potkin said that now is a complicated time emotionally for Lucio. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. (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. Have you heard the news? DeSantis won't say he's running. ", Bobby was seven when Mariah died. 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. She had fallen asleep on her parents' bed, but never woke up again. 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. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. She is the mother of 14 children, including Mariah. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. The lawyers asked the court to block the execution and send the case back to the lower court for further scrutiny and ultimately, a new trial. Lucio has always maintained her innocence. Are you serious!? 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. After her conviction for Mariah's murder, Melissa's children were taken from her care. According to the Innocence Project, it was an abusive marriage. Michelle described the moment they saw Lucio inside the visitation area. 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. Now I have what I want say many of the Leach via AP on other... ; do it real hard, & quot ; do it real hard, & quot he... Mondays ruling followed months of work by Lucios attorneys says that scientific evidence shows it was tragic! Fresh pain, anguish, and grief been on death row that scientific evidence shows was. 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