Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. Published April 11, 2022 / 11:29 AM As of 2021, Melissa has been on death row for 13 years. She was convicted 14 years ago of murdering her 2-year-old . Now she can prove her innocence. 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. Lucioss life was not as simple and smooth as other childrens. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. 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. "Or were you a frustrated mother who just took it out on her for whatever reason?" Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. 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, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Lucios lawyers argue that Dr. Norma Farley, the forensic pathologist who autopsied Mariah, misled the jury when she insisted that Mariahs injuries could only have resulted from a fatal beating. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. 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. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. This is terrifying it should be terrifying for everybody.. 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 . 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. Potkin said Lucio was . The Board then announced it would not vote at that time. The state called it an admission of guilt for Mariah's death. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. According to Lucio, she was once sexually abused by her mothers boyfriend. The detective handed Melissa Lucio a plastic doll and asked her to spank it. For other inquiries, Contact Us. Melissa Lucio's son has vowed to "keep fighting until she gets to come home" as the case of the Texas mother-of-14 heads to state court following her last-minute stay of execution.. Bobby . Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. 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. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. The Texas Court of Criminal Appeals could also stop the execution. The BBC is not responsible for the content of external sites. She is scheduled to be put to death on April 27. Melissa Lucio (Provided by the Lucio family) Lucio and her children struggled through poverty. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. Two days later, Mariah went to sleep and didnt wake up. At least for now. he asked. 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. Two days later, Mariah went to take a nap and did not wake up. 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 and her attorneys have not had success in reversing the initial verdict. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. asked Luciano. Who Are Melissa Lucio Kids? The Texas courts have spared Melissa Lucio's life. 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. A Texas mother convicted of murdering her 2-year-old child has been granted a stay of execution just two days before she was scheduled to die. 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. I think she should be allowed to live as long as she does not have the possibility of parole. In an undated photo, Melissa Lucio is pictured with one of her young children. "It was an accident," he said. My mom got a stay., After sobs and hugs in the lobby, the family raced to see Lucio. Leach and a handful of colleagues traveled to visit Lucio in prison. Melissa Lucio was found guilty of a very serious crime called "capital murder". 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. Her life was worth nothing to them. Your effort and contribution in providing this feedback is much Former Cameron County . To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. . There were also allegations of corruption on the part of the prosecution, which did not figure into the case. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. But jurors didn't hear testimony from any of Lucio's kids. "When all of this happened, our family split up," he said. She could see herself in Lucios story. "No.". 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. Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. Babe, he said to Michelle, his voice filled with emotion. Lucio, the only Latina on death row, was . The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. It was fitting that Leach would deliver the news. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. He said she fell down a flight of stairs, and died two days later. 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. Lucio later had nine more children with her next husband, who was also found to be abusive towards her. Melissa Lucio Personal Life. The two women friends and formerly incarcerated activists had joined a broad coalition of supporters pressing every lever they could think of to try to stop the execution, scheduled for April 27. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. On 27 April, Melissa Lucio was supposed to die. 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She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. "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. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). She was convicted 14 years ago of murdering her 2-year-old . Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. More on The Lone Star Plate www.lonestarplate.showSabrina . The second claim says new scientific evidence would prevent Lucios conviction. Learn how your comment data is processed. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. 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. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. Research says Mariah was physically abused, and people like Ms. Lucio often agree to conditions they never condemned while under tremendous pressure from the majority of people. The Intercept is an independent nonprofit news outlet. Lucio, a . Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Later, after receiving many letters, punishments, executions and defense statements from Lucios lawyer, Lucio was still being interrogated for the murder of her then youngest child of a total of 12 children born to her due to two marriages. Leach, a co-chair of the House Criminal Justice Reform Caucus, worked with Democratic Rep. Joe Moody to muster an unprecedented level of support for Lucio among an ideologically diverse group of more than 80 state representatives more than half of the members of the Texas House, a body that rarely comes to a decisive consensus about anything. 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. Melissa Lucio was repeatedly raped as a child, became a child bride at 16 and had 14 children to two abusive partners (The State of Texas vs. Melissa/ Hulu/ Sabrina Van Tassel) In a phone call on Monday, Johnny Galvan, one of several jurors who supported Lucios clemency petition, expressed relief upon hearing that the court had stayed Lucios execution. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. Lucio's thoughts are with her children . At the time of his mother's arrest, John was 17 years old. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. Update: Melissa Lucio's execution date has been set for April 27, 2022. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. At times, they were homeless and relied on food banks for meals, according to the petition. 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. 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. Earlier, Lucio was sentenced to death back in 2008 and at the time when she was imprisoned, she was pregnant with twins, whom she had to give up for adoption as she could not have the nourishment of the babies in jail. After her conviction for Mariahs murder, Melissas children were taken from her care. Michelle described the moment they saw Lucio inside the visitation area. 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. ", "Everything," he replied. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. As per the data, Melissa Lucio is only 5 feet 2 inches tall. 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. What's he waiting for? At the age of 16, she turned into a child bride but again had to face abusive marriage. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. It was potentially one of the last times he would see her alive. In 2020, a documentary about the case history of Melissa Lucio was directed by Sabrina Van Tassel titled The State of Texas vs. Melissa. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. 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. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. AMY GOODMAN: Melissa Lucio is a mother of 14 children. 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. Greg Abbott to either grant an execution reprieve or commute her sentence. But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. AP Im hoping its not the same evidence Mr. Villalobos had. The evidence presented in this case shows that, at about 7:00 p.m. on Saturday, February 17, 2007, paramedics were dispatched to an apartment where Melissa Lucio lived with nine of her children and an adult male named Robert Alvarez, who was the father of at least seven of these children and whom Melissa Lucio referred to as her husband. Neither woman had been eating very much. ", 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." 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 . But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. What evidence would you have? 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. Discovery Company. On 27 April, Melissa Lucio was supposed to die. They hope to persuade the state's Board of Pardons and Paroles and Gov. 2022 CBS Interactive Inc. All Rights Reserved. In 2014, Villalobos was sentenced to 13 years in federal prison for racketeering and extortion. John has organised sitdowns seeking the release of his mother and said he will continue fighting. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. 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. She was sexually abused by one of her family members (her mothers boyfriend) at the age of 6. Potkin said that now is a complicated time emotionally for Lucio. Greg Abbott to spare their mom's life. He has spent his entire adult life fighting for her release. 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 the death of her two-year-old daughter, Mariah, the court charged her with capital murder. Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. But the older children had it harder. 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. Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. . In front of a large white Free Melissa Lucio banner, Van Tassel looked up toward the courthouse where she had spent so much time working on the film that would bringLucios story to the rest of the world. For 14 years, Lucio had been on . It came as it was revealed that Lucio and her children struggled through poverty. Legal team for Melissa Lucio And certainly, the court system.. Mariah is in my heart today and always. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. "Her so-called confession was the result of highly coercive interrogation tactics," said Potkin, "some of which are so coercive that they're no longer used today.". VideoRecord numbers of guide dog volunteers after BBC story. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. / CBS News. 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 lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. 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. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. This couldve been me, she said. 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. The fourth claim argues the state suppressed evidence favorable to her defense, violating her rights to due process. "Do it real hard," he said. In this undated photograph, Melissa Lucio holds one of her sons, John. We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". 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. She gave birth to the twins while in jail and was forced to give them up for adoption. But lawyers and others of Melissa's supporters say she was made to make statements under duress. 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. 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. 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. She was abused throughout her childhood and adolescence. 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. Said to Michelle, his voice filled with emotion a Mexican American woman who belongs to Hispanic and! Sitdowns seeking the release of his mother on death row as he backed her claims Mariahs! 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