She had fallen asleep on her parents' bed, but never woke up again. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. 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. 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. On the other hand, Lucio said she was pressured into giving false information about the allegations. For a time, the only access they had to water was through their neighbours' houses or from the parish.". Daniela is Melissa's eldest daughter. 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. 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. She is the mother of 14 children, including Mariah. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. This child had more bruises than Ive ever seen in any case that I had before, she said. hide caption. Please give us a chance for peace. Read about our approach to external linking. Who is Melissa Lucio? 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. 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 . "I'll make a decision once it comes to me," Abbott told KRGV, an ABC News affiliate in the Rio Grande Valley. The BBC is not responsible for the content of external sites. "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. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. 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. As the process unfolds, she will remain on death row, her legal team said. During an emotional press conference he stated, "I don't want my mom to be executed. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. CNN Sans & 2016 Cable News Network. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. Have you heard the news? 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. hide caption. Lucio and her attorneys have not had success in reversing the initial verdict. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. 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. At least for now. The fourth claim argues the state suppressed evidence favorable to her defense, violating her rights to due process. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. Prosecutors at her . 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. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. 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. ", 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." Discovery Company. According to Lucio, she was once sexually abused by her mothers boyfriend. 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 state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. 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. She gave birth to the twins while in jail and was forced to give them up for adoption. But jurors didn't hear testimony from any of Lucio's kids. 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. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. She received abuse throughout her childhood and teenage years. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. 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She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. Melissa Lucio holds her daughter Mariah in this undated photograph. 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. She is scheduled to die by lethal injection on Wednesday. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. Lucio, a . Melissa Lucio and her children. 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. At the time, the family lived in a small two-bedroom, second-floor flat. Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. 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. "Or were you a frustrated mother who just took it out on her for whatever reason?" But many doubt Lucio's guilt and call into question the fairness of her trial. Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. Published May 2, 2022 10:56 a.m. PDT. "Do it real hard," he said. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. 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. As per the data, Melissa Lucio is only 5 feet 2 inches tall. My mom got a stay., After sobs and hugs in the lobby, the family raced to see Lucio. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. Photograph: The Guardian. FilmRise. The kind of reporting we do is essential to democracy, but it is not easy, cheap, or profitable. Oh my God. Legal team for Melissa Lucio Among them is one of her sons, John Lucio. Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. Lucioss life was not as simple and smooth as other childrens. She could see herself in Lucios story. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. Copyright 2023 CBS Interactive Inc. All rights reserved. Dozens of politicians from both parties have backed her. 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. At the age of 16, she turned into a child bride but again had to face abusive marriage. "Over 100 times, she asserted her innocence," said Potkin. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". 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. . Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. In this undated photograph, Melissa Lucio holds one of her sons, John. Well, it means youre going to wake up on Thursday morning, Leach replied. 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. 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. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . Valley Morning Star via AP. 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. 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 Lucio is scheduled to be executed next week for a crime she says she didn't commit one that may not have even occurred. Aside from Texas legislators and the celebrity Kim Kardashian, Lucios arguments were also enough to convince at least five of her jurors to come forward publicly to call for her execution to be stopped and for a new trial based on evidence they never heard. 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) Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. "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. Greg Abbott to spare their mom's life. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 02:43 - Source: CNN. 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. Attorneys for Lucio have long argued that Saenz has a conflict of interest due to the fact that Lucios defense attorney at trial, Peter Gilman, now works for him. asked Luciano. 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 . "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. Please give us the chance for closure. There were two possible avenues of relief for Lucio. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. Or sleeping well. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . 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. Potkin said Lucio was . Ms. Lucio's passive and apparently flat demeanor is best explained by her history of repeated sexual, physical, and emotional abuse since childhood.". Save my name, email, and website in this browser for the next time I comment. April 25, 2022 by John Atsu. But today, multiple expert pathologists agree Mariah could have suffered a head injury from a fall, leading to a disorder that causes extreme bruising. 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. "I hit her like this," she demonstrated by spanking a doll, sealing her fate. So, I really try not to think about the future, because right now I have what I want. "Her next partner continued the cycle of violence, punching her in public and beating her at home. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. 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. 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. 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. 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. 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. 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. To inquire about a licence to reproduce material, visit our Syndication site. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. 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. Lucio's thoughts are with her children . Even after none of her children accepted their mothers physical abuse from Lucio, the police and pathologists continued to claim that Mariahs death was not a result of the fall from the stairs. hide caption. Her second partner continued to rape her and threatened her with death. At the time of his mother's arrest, John was 17 years old. 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. ", First published on April 11, 2022 / 11:29 AM. One of her other daughters, Adriana, stands at left. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. All Rights Reserved. The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. 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. Abbott's office did not respond to a request for comment, but in March the governor said he was awaiting a decision by the Texas Board of Pardons and Paroles. "Oh, it's definitely exculpatory," Schardl replied. hide caption. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. "We ask you not to tear those wounds open again. 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. 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. . She was convicted 14 years ago of murdering her 2-year-old . Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. It was potentially one of the last times he would see her alive. Lucio was convicted for the death of her daughter Mariah Alvarez. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. Its unclear how long the process could take. However, she has maintained her innocence ever since. 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. AP The medical examiner concluded Mariah died from a blow to her head. But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. 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. In 2008, Lucio was convicted and sentenced to die. She was convicted 14 years ago of murdering her 2-year-old . We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. 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