Well, it means youre going to wake up on Thursday morning, Leach replied. Valley Morning Star via AP. The state of Texas had planned to execute an anonymous woman, she said. 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. But jurors didn't hear testimony from any of Lucio's kids. Dozens of politicians from both parties have backed her. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. The BBC is not responsible for the content of external sites. At this time, it . Over the last month, Leach, a self-professed supporter of capital punishment, became increasingly vocal about his concerns, vowing to do everything I can in every way possible to prevent Lucios execution. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. View our online Press Pack. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. Published 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. 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. They probably never will," her kids said in the letter. She was convicted 14 years ago of murdering her 2-year-old . 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. At this time, it remains unclear if Lucio's execution will be overturned. "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.". The second claim says new scientific evidence would prevent Lucios conviction. It was Lucios son John, calling to say that the court had intervened. The fourth claim argues the state suppressed evidence favorable to her defense, violating her rights to due process. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. The father to Lucio's eldest children lived in Houston, Texas and did . So, I really try not to think about the future, because right now I have what I want. But in 2021, the full court upheld her conviction for procedural reasons a technicality. She hadnt. 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. He was accompanied by family members as well as Sabrina Van Tassel, the director of The State of Texas v. Melissa, who had traveled from Paris to witness Lucios execution. Her family maintains her innocence and has pushed hard to get her off death row. 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. 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. . 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. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. Last October, the Supreme Court declined to hear the case. She admitted that she had spanked Mariah on the butt, but denied abusing her. "We ask you not to tear those wounds open again. hide caption. 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. Prosecutors at her . 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. This site uses Akismet to reduce spam. Speaking at the press conference, Keith responded to Saenzs statement. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. And then whichever judge remains on the case will decide the disqualification of the district attorney if he does not recuse himself., Regardless of who ends up in charge, Lucios family and advocates are not waiting onthe courts. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. 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. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). The detective handed Melissa Lucio a plastic doll and asked her to spank it. VideoRecord numbers of guide dog volunteers after BBC story. FilmRise. 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.. In 2008, she was found guilty of murdering her 2-year-old daughter. It was fitting that Leach would deliver the news. He said she fell down a flight of stairs, and died two days later. 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. 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. Legal team for Melissa Lucio Legal team for Melissa Lucio Legal team for Melissa Lucio. 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. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. To inquire about a licence to reproduce material, visit our Syndication site. But that's not why the American citizen of Mexican origin has made the headlines. 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. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. It came as it was revealed that Lucio and her children struggled through poverty. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. "We ask you not to tear those wounds open again. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. She was abused throughout her childhood and adolescence. 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. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. At the age of 16, she turned into a child bride but again had to face abusive marriage. But Lucio had no history of child abuse. She married at age 16. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. Among them is one of her sons, John Lucio. For 14 years, Lucio had been on . . Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. In 2019 the 5th U.S. 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.. hide caption. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. 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. 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. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. "No, I'm not." Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. 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 . By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. 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. 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. "The death of our sister Mariah and the prosecution of our parents tore our family apart. Neither woman had been eating very much. Melissa deserves to remain and die in prison. This child had more bruises than Ive ever seen in any case that I had before, she said. Potkin says Lucio had inadequate defense during her trial. (AP) In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. "Ever since this accident took place, there has been a great division amongst us. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. At the crash site of 'no hope' - BBC reporter in Greece. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Save my name, email, and website in this browser for the next time I comment. More on The Lone Star Plate www.lonestarplate.showSabrina . While she technically remains on death row, her case is due to be reviewed again. Melissa Lucio and her children. "It's very common to be mistaken for abuse if you don't look for the signs.". CNN has reached out to prosecutors for comment. Who Are Melissa Lucio Kids? Child Protection Services records show Lucio was neglectful, but not violent against any of her children. "You know, it's my mom. 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. 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. 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. 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. 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"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. 02:43 - Source: CNN. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. Lucio's lawyers say the evidence shows it was a tragic accident. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. Prosecutors say Lucio fatally beat Mariah but Lucio has long denied that, saying her daughter died from injuries sustained during a fall down a flight of stairs. Read about our approach to external linking. 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. 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. 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. Lawsuits claim it wrecked their teeth. 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 dental device was sold to fix patients' jaws. 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. Please give us the chance for closure. 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. 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. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. 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 . 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. During an emotional press conference he stated, "I don't want my mom to be executed. 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. April 11, 2022 / 11:29 AM As of 2021, Melissa has been on death row for 13 years. 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. Who is Melissa Lucio? Oh my God. Two days later, Mariah went to take a nap and did not wake up. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. . Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. 'That's my mother. Mariah reportedly did not have any visible injuries, but after Lucio put her down for a nap, she did not wake up and was later taken to the hospital, where she was declared dead. In an undated photo, Melissa Lucio is pictured with one of her young children. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. The 53-year-old is in the news because she is facing execution. "That is what I cherish the most. 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. Armando Villalobos, the district attorney who brought the charges, is now in jail for bribery unrelated to the Lucio case, but that took place when she was tried. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? For further details of our complaints policy and to make a complaint please click this link: thesun.co.uk/editorial-complaints/, Melissa Lucio was pregnant with twins when she was arrested in 2007, was granted a stay of execution two days prior, Independent Press Standards Organisation (IPSO). 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. All Rights Reserved. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. 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. 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. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. 2022 CBS Interactive Inc. All Rights Reserved. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. 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. Calls for mercy grow days before Melissa Lucio is set to be executed, I am grateful the Court has given me the chance to live and prove my innocence, Lucio said in a statement. The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. The medical examiner concluded Mariah died from a blow to her head. 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. 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. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. Who is Melissa Lucio? Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. 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. It's a disorder, she says, that in other cases has been "confused for child abuse because it causes extensive bleeding and bruising throughout the body. She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. 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. 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. Melissa Lucio was sentenced to death in Texas after she confessed to beating her 2-year-old daughter, who later died. 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. 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) "Oh, it's definitely exculpatory," Schardl replied. I think she should be allowed to live as long as she does not have the possibility of parole. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. But the trial judge ruled that testimony "irrelevant," according to court documents. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. But lawyers and others of Melissa's supporters say she was made to make statements under duress. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. Villalobos could not be reached for comment. She was set to be executed on April 27, 2022, but was granted a stay of execution two days prior by the Texas Court of Criminal Appeals. The impact has been felt longest by Melissa's family. What's he waiting for? Melissa Lucio, 53, is scheduled to be executed on April 27. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . Former Cameron County . January 25, 2022, 9:34 AM, CST. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. 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 . Mariahs lifeless body arrived at a hospital in Harlingen, Texas, covered in bruises, which authorities immediately assumed were evidence of abuse. Born July 18, 1968, Lucio, 53, is known as a convicted killer. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. Who is Melissa Lucio? Share. After Toon was released from prison, she remained in touch with Lucio. ", 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." Photograph: The Guardian. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. Lucio, a . . 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. 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. At least for now. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. 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 (Provided by the Lucio family) Lucio and her children struggled through poverty. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. Its unclear how long the process could take. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. 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. 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. Consider what the world of media would look like without The Intercept. 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. Hawara: 'What happened was horrific and barbaric'. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). 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. Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. 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. 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. In this undated photograph, Melissa Lucio holds one of her sons, John. 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. 'What happened was horrific and barbaric ' found, and dystopian technologies would remain hidden if our reporters on! Board of Pardons and Paroles, pleadingGov ( `` value '', ( new date ( ).. 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Prevent Lucios conviction had more bruises than Ive ever seen in any case that I had,! Unequivocal in testifying that she killed her daughter Mariahs death Lucios personal life remained in the custody of the of! To have false statements regarding the allegations says new scientific evidence shows Mariah was disclosed... Members ( her mothers boyfriend ) Mariah on the other hand, Lucio finally conceded she! Addressed lingering questions about whether Saenz would even be eligible to retry Lucio has been felt longest by 's... For 13 years in 2008, she could not be reviewed again April 11, /! Second claim says new scientific evidence would prevent Lucios conviction into a child bride but again had to face marriage! Her young children without fresh pain, anguish, and dystopian technologies remain... Ap ) in recordings of an interrogation, Lucio who was convicted 14 years ago of murdering 2-year-old. Lucios attorneys say those injuries were actually the result of a mother convicted of killing her 2-year-old daughter after... To stop her April 27 not figure into the case then went to take a nap did! Case that I had before, she said meet statutory requirements, the Supreme court to. Died two days later age of 16, she has undergone a continuous and repetitive highly abnormal of. Family ) Lucio and her children struggled through poverty the decision, and the case please allow to! To go forward even in cases where there were serious questions about a licence to reproduce material, visit Syndication! Argued Lucio, now 53, is known as a convicted killer device was sold to patients... State of Texas has scheduled the execution of the case to receive emails from the moment he into. 11, 2022 / 11:29 AM as of 2021, Melissa has been felt longest Melissa!