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. In 2008, she was found guilty of murdering her 2-year-old daughter. She was convicted 14 years ago of murdering her 2-year-old . In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. Potkin said that now is a complicated time emotionally for Lucio. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. CNN Sans & 2016 Cable News Network. The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. 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. 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. "So first and foremost, the Texas Court of Criminal Appeals could issue a stay so that the evidence of Melissa Lucio's innocence can be fully litigated in the court. Melissa Lucio with her children. 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. Published She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. After her conviction for Mariahs murder, Melissas children were taken from her care. Born July 18, 1968, Lucio, 53, is known as a convicted killer. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. 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. 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. They probably never will," her kids said in the letter. 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. False confessions are more common than you might think. At times, they were homeless and relied on food banks for meals, according to the petition. 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. Courtesy of the Lucio family. This couldve been me, she said. The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. 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. Dozens of politicians from both parties have backed her. 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. But for us, whats clear is that theres a recognition by the court that something is wrong and needs to be fixed.. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. VideoRecord numbers of guide dog volunteers after BBC story. Have you heard the news? During the five-hour-long interrogation, officers berated and . All Rights Reserved. . 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. hide caption. If youre gonna bring it, bring it right. 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. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. ? she exclaimed through tears. 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. But jurors didn't hear testimony from any of Lucio's kids. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. She gave birth to the twins while in jail and was forced to give them up for adoption. This child had more bruises than Ive ever seen in any case that I had before, she said. 2023 Cable News Network. 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. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. 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. "It looks from the outside like somebody has gotten, say, punched," said Schardl. appreciated. 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. 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. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. 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. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . The wounds never fully healed. Melissa deserves to remain and die in prison. 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. As per the data, Melissa Lucio is only 5 feet 2 inches tall. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. Two days later, Mariah went to sleep and didnt wake up. 2. hide caption. 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. . 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. ", First published on April 11, 2022 / 11:29 AM. 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. It was like, "Ugh, let her rot in Hell." Ms Lucio was taken in for questioning and was interrogated for almost five hours while she was pregnant and going through the shock of losing her young child, Mariah. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. 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. Update: Melissa Lucio's execution date has been set for April 27, 2022. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. She had fallen asleep on her parents' bed, but never woke up again. 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. She could see herself in Lucios story. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. 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. Villalobos could not be reached for comment. At the time of his mother's arrest, John was 17 years old. 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 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. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. Naturally, she has brown hair and almost no eyebrow. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. This is terrifying it should be terrifying for everybody.. 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. Who would hold party elites accountable to the values they proclaim to have? Lucios life wasnt as easy and smooth as other childrens. Researchers say the risk of a false confession applies not only to traumatized kids, but . Legal team for Melissa Lucio In 2019 the 5th U.S. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . Melissa Lucio was found guilty of a very serious crime called "capital murder". But today, multiple expert pathologists agree Mariah could have suffered a head injury from a fall, leading to a disorder that causes extreme bruising. And today shesno longer anonymous. It came as it was revealed that Lucio and her children struggled through poverty. She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. "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 had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. "Their electric service was cut, they moved some 26 times in a five-year period. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. "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. 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. I even told her myself that I consider her my best friend. Two days later, Mariah went to take a nap and did not wake up. But in 2021, the full court upheld her conviction for procedural reasons a technicality. Melissa Lucio, 53, is scheduled to be executed on April 27. hide caption. By Maurice Chammah. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. Share. Lucio has always maintained her innocence. There is a motion pending in the trial court to disqualify him from further participation in this case, Schardl said. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. The wounds never fully healed. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. 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. In an undated photo, Melissa Lucio is pictured with one of her young children. As Lucio's scheduled execution date draws near, Bobby Alvarez is soaking up every moment he has with his mother, while holding onto that small speck of hope. Ultimately, the two women hooked up with Abraham Bonowitz, executive director of Death Penalty Action, who had organized a campaign around Lucios case across Texas and beyond. 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. According to local media, others are still convinced she committed the crime - Melissa had a previously had a history of drug use and some of her children had been taken into care, the jurors heard at her trial - though there was no evidence of abuse. 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. Melissa Lucios loved ones react to her stay of execution during a press conference in Gatesville, Texas, on April 25, 2022. on about your day, ask yourself: How likely is it that the story you just read would have been produced by a different news outlet if The Intercept hadnt done it? "Right now, what I have is my family," Alvarez said. The Texas courts have spared Melissa Lucio's life. "If they go through with it, they'll be killing an innocent woman.". Texas state Rep. Jeff Leach via AP Babe, he said to Michelle, his voice filled with emotion. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. 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. CNN . Still trying to come to terms with the reality of her child Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. 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. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Joining is simple and doesnt need to cost a lot: You can become a sustaining member for as little as $3 or $5 a month. 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. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . 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. Juanita Hernandez and her son Juan hug Esperanza Hope Trevino, the mother of Melissa Lucio, during a vigil in San Juan, Tex., on April 22, 2022. At the time, the family lived in a small two-bedroom, second-floor flat. Learn how your comment data is processed. The state says Lucio beat her daughter to death. The woman, Melissa Lucio, a mother of 14, was found guilty back in . Neither woman had been eating very much. At the time of Lucio's trial, Villalobos was running for reelection against a challenger who criticized him for not thoroughly investigating or prosecuting charges of child abuse. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. 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. "We ask you not to tear those wounds open again. 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. 2023 BBC. 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. FilmRise. Lucio has always maintained her innocence. But Lucio had no history of child abuse. Later, after having lots of letters, penalties, executions, and statements of defense from the side of Lucios attorney, Lucio was still put in the questioning for the murder of her youngest child at that time out of a total of 12 children born to her due to two marriages. Her attorneys are calling for a stay of her execution so her case may be reviewed. For other inquiries, Contact Us. Her second life partner continued to rape her and threatened her with death. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. According to the innocence project, Melissa, the mother of 14 children, was a loving and caring mother despite facing physical assault and abuse from her partner and ex-husband. Texas is scheduled to execute Melissa Lucio next month. The state of Texas had planned to execute an anonymous woman, she said. 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. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. 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. ", Bobby was seven when Mariah died. 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. But the trial judge ruled that testimony "irrelevant," according to court documents. He has spent his entire adult life fighting for her release. It simply has not been the same in the past 15 years," he said. Lucios 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. Who is Melissa Lucio? 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. 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. She was convicted 14 years ago of murdering her 2-year-old . (AP) Its unclear how long the process could take. 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. "Over 100 times, she asserted her innocence," said Potkin. 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. 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. As the process unfolds, she will remain on death row, her legal team said. The trial court will also be asked to consider the claim that Lucio is innocent of murder. Oh my God. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). 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. The daughter, who was still a small child at the time, had to be examined by a doctor for a disability and was unstable when walking. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. The state called it an admission of guilt for Mariah's death. "You know, it's my mom. Campaigners took up Melissa's cause as one of a miscarriage of justice. Lucio has always maintained her innocence. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. Lucio, the only Latina on death row, was . But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Consider what the world of media would look like without The Intercept. 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. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. (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. Melissa's execution date is set for April 27, 2022. DeSantis won't say he's running. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. 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. 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. 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. Lucio and her attorneys have not had success in reversing the initial verdict. And if he didnt have none 15 years ago, you dont have any today.. Leach and a handful of colleagues traveled to visit Lucio in prison. Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. Or sleeping well. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. 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. 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. Lucio's lawyers say the evidence shows it was a tragic accident. But that's not why the American citizen of Mexican origin has made the headlines. 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. After years of unsuccessful appeals, Melissa Lucio, a Rio Grande Valley woman convicted of killing her 2-year-old daughter, has learned the date of her execution April 27. ", "Everything," he replied. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. On 27 April, Melissa Lucio was supposed to die. "At the same time, here we are, seven days away from her execution date. According to prosecutors, the injuries inflicted on Mariah were the result of physical abuse, while Lucios lawyer says the daughter was injured because she fell down the stairs two days before her death. She received abuse throughout her childhood and teenage years. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. "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. 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. 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