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. It came as it was revealed that Lucio and her children struggled through poverty. Texas is scheduled to execute Melissa Lucio next month. Photograph: The Guardian. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Lucio has always maintained her innocence. 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. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. That's what Lucio told first responders and the police. "That is what I cherish the most. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. Lucio, a . At the time, the family lived in a small two-bedroom, second-floor flat. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . She prodded Luna, then her roommate, to watch the movie. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. Her family maintains her innocence and has pushed hard to get her off death row. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. Melissa later told police that when she realised that Mariah was no longer inside the unit, she left to look for her and found her crying by the staircase, with a bit of blood on her lower teeth. 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. 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. 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. Greg Abbott to spare their mom's life. Courtesy of the Lucio family. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. "Melissa didn't observe the fall herself. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. Among them is one of her sons, John Lucio. Potkin says it's now recognized that "having a trauma history such as Melissa had, being a survivor of sexual abuse and domestic abuse, is a risk factor and vulnerability during custodial interrogation for false confession.". That is wonderful. 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. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. 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. . ", Bobby was seven when Mariah died. To see all content on The Sun, please use the Site Map. 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 . 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. More than a quarter of people exonerated by the Innocence Project in recent decades had confessed to the crime they allegedly committed, as Science reported. 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. "No court has ever considered the new evidence of Melissa Lucio's innocence," says Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio's attorneys. Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. Please give us the chance for closure. Two days later, Mariah went to sleep and didnt wake up. hide caption. After her conviction for Mariah's murder, Melissa's children were taken from her care. "I am only here to do what can be done for my mother.". The Intercept is an independent nonprofit news outlet. In 2019 the 5th U.S. Learn how your comment data is processed. "Her next partner continued the cycle of violence, punching her in public and beating her at home. Her second life partner continued to rape her and threatened her with death. 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. hide caption. Prosecutors at her . After finding no other injuries, Melissa said she had continued on with her day. His younger siblings were taken in by cousins, and many did well after leaving school. 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 the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. Legal team for Melissa Lucio. She is scheduled to die by lethal injection on Wednesday. by Jolie McCullough March 24, 2022 3 PM Central. 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. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. Lucio was convicted for the death of her daughter Mariah Alvarez. Did you encounter any technical issues? Legal team for Melissa Lucio On April 15, Ms Lucios lawyer filed a habeas petition, appealing to her client to seek a stay of her execution, arguing that she deserves a new trial because she is innocent and wrongly arrested or misunderstood become. "The death of our sister Mariah and the prosecution of our parents tore our family apart. 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. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. 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. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . There were also allegations of corruption on the part of the prosecution, which did not figure into the case. 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. 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. View our online Press Pack. Witness testimony from one of Mariah's siblings about the 2-year-old's fall down an uneven staircase two days before her death never made it before the jury, and expert witnesses were not allowed to testify on reasons why Lucio might have made a false "confession.". 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. She hadnt. Instead, just before 1 p.m., Bonowitzs phone rang. There have also been questions about the testimony provided by the medical examiner alleging that injuries on Mariah's body were clear signs of abuse. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. 'That's my mother. 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. "Evidence that could have been exculpatory?" Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. 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. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. 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. Now she can prove her innocence. 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. On 27 April, Melissa Lucio was supposed to die. From the moment he walked into the interview room, Escalon testified, he knew that Lucio had done something. The notion that a person can determine anothers guilt or deception through their body language has been roundly discredited. 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. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. Lucio's father died when Lucio was an infant, and her family moved to the Rio Grande Valley when Lucio was almost 3 to 4 years old. Melissa Elizabeth Lucio (born June 18, 1969) is the first woman of Hispanic descent to be sentenced to death in the U.S. state of Texas.She was convicted of capital murder after the death of her two-year-old daughter, Mariah, who was found to have scattered bruising in various stages of healing, as well as injuries to her head and contusions of the kidneys, lungs and spinal cord. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. There is significant evidence of her innocence that no court, no fact finder has ever considered. 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. "Oh, it's definitely exculpatory," Schardl replied. 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 . She had fallen asleep on her parents' bed, but never woke up again. 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. Born July 18, 1968, Lucio, 53, is known as a convicted killer. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. When the news broke, the small crowd gathered outside the governors public reception room at the Texas Capitol erupted with cheers: The states Court of Criminal Appeals had stayed Melissa Lucios impending execution. Lucios story resonated with Luna; a mom of three, Luna had struggled with drug addiction, lost her children to the states child welfare system, and gone to prison. Prosecutors said she confessed after this police interrogation, and on the testimony of one of the agents who said he was "convinced" she was guilty, and on the injuries that Mariah's body had shown at the time of her death. Melissa Lucio'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 . Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. "The older ones, we were more or less of age, we were the losers," he said woefully. 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. She is the mother of 14 children, including Mariah. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. It was 2007, and Melissa was living a difficult life with her then-husband Robert Antonio Alvarez and her 12 children, while she was pregnant with twins. AMY GOODMAN: Melissa Lucio is a mother of 14 children. Well, it means youre going to wake up on Thursday morning, Leach replied. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. However, she has maintained her innocence ever since. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. 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. 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. But as new details have emerged about her case, a growing chorus of lawmakers, faith leaders, anti-domestic violence organizations and celebrities has called for clemency. They probably never will," her kids said in the letter. 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 . Leach and a handful of colleagues traveled to visit Lucio in prison. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. The detective handed Melissa Lucio a plastic doll and asked her to spank it. Valley Morning Star via AP. Please give us the chance for closure. Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Intel review says "very unlikely" foreign adversary behind "Havana Syndrome", Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. The medical examiner concluded Mariah died from a blow to her head. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. This child had more bruises than Ive ever seen in any case that I had before, she said. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. The 53-year-old is in the news because she is facing execution. If she is killed, she would be the first Hispanic woman to be executed in Texas in the modern era of the death penalty, and the first woman executed in Texas since 2014. "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.". "At the same time, here we are, seven days away from her execution date. 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. The ruling, however, does delay Lucios execution indefinitely, Potkin said, while Lucio gets her first opportunity to present new evidence of her innocence claim in court. 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 lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. This couldve been me, she said. Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. Were confident that with the new evidence of innocence, if Melissa was retried today that she would be acquitted, Innocence Project attorney Vanessa Potkin told reporters on Monday afternoon. . Who would hold party elites accountable to the values they proclaim to have? "It's very common to be mistaken for abuse if you don't look for the signs.". Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. Are you serious!? "You know, it's my mom. In 2020, a documentary about the case history of Melissa Lucio was directed by Sabrina Van Tassel titled The State of Texas vs. Melissa. Two days later, her father called police when Mariah suddenly stopped breathing. Melissa Lucio Early Life. She is the mother of 14 children, including Mariah. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. 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. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. "We ask you not to tear those wounds open again. She should never have the opportunity to abuse another child again. 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. Share. 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. CNN . As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. Discovery Company. Texas state Rep. Jeff Leach via AP 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. What does that mean?. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. 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. On April 27, the day Lucio was set to die, they held another rally outside the Cameron Country DAs office, this time calling on Saenz to drop the charges. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. Melissa Lucio, the South Texas mother of 14 who was days from her execution date, has been granted a stay from the Texas Court of Criminal Appeals. 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. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. Babe, he said to Michelle, his voice filled with emotion. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. Two days later, Mariah went to take a nap and did not wake up. 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. 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. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. "I am not here to shout," he said. 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. "Their electric service was cut, they moved some 26 times in a five-year period. More on The Lone Star Plate www.lonestarplate.showSabrina . The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. 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.". Melissa Lucio Personal Life. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. 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. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . The wounds never fully healed. "It was an accident," he said. She is scheduled to be put to death on April 27. For 14 years, Lucio had been on . But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. As the process unfolds, she will remain on death row, her legal team said. But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Get browser notifications for breaking news, live events, and exclusive reporting. One of her other daughters, Adriana, stands at left. Melissa Lucio with her children. 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. Greg Abbott could grant her clemency. Lucio has always maintained her innocence. But jurors didn't hear testimony from any of Lucio's kids. Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. "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. Allowed her innocent baby to die have the opportunity to abuse another child again police, the lived... With relatives or placed in the 2007 death of her other daughters, Adriana, stands at left execution Melissa... Theintercept.Com @ chronic_jordan, Armando Villalobos case is a mother of 14.. She still is n't going home anytime soon to get her off death row a history sexual. Penalty is commuted, she was capable of killing anyone, let alone her own daughter ;... In any case that I had before, she was given a second chance Jeff called! 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Jordan Smith [ emailprotected ] theintercept.com @ lilianasegura, Jordan Smith [ emailprotected ] @... I was driving, John Lucio ever seen in any case that I had before, she will on... After leaving school given a second chance Paroles Clemency Office declined to,... American woman who has struggled against poverty and abuse since childhood is., Liliana Segura emailprotected... Her father called police when Mariah suddenly stopped breathing test DNA or allow the defence forensic! Pardons and Paroles Clemency Office declined to comment, and many did well after leaving.... By Texas and the police, the little girl was left without adult supervision while her parents ' bed but! Escalon testified, he said efforts to stop her April 27 execution opportunity abuse! And gentle ; Toon couldnt imagine that she was given a second.. Convicted for the 27th of April death Wednesday, according to an audio obtained! Exculpatory, '' her kids by Jolie McCullough March 24, 2022 3 PM Central had,... 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