And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. ", 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." Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. 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. Her family and friends are protesting her punishment and claim she . Please give us the chance for closure. 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. He has spent his entire adult life fighting for her release. 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. 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. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. However, she has maintained her innocence ever since. 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. And that's what we're hoping for.". 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Children plead to save mother from execution, Children say toddler's death was accident, plead to save mom from execution: "She's innocent". 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. FilmRise. 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. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Update: Melissa Lucio's execution date has been set for April 27, 2022. 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 . I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". 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. "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. Similarly, movie personalities have produced Melissa Lucios story in either documentaries, shorts, or movies, but no one could deny the fact that she would be sentenced to death. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. Prosecutors at her . 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 . "When all of this happened, our family split up," he said. 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. For other inquiries, Contact Us. Im hoping its not the same evidence Mr. Villalobos had. (AP) According to an interrogation with Lucio about the death of their then-youngest child, Mariah fell down a flight of stairs in February 2007 while the family was moving. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. . The state of Texas had planned to execute an anonymous woman, she said. "It's very common to be mistaken for abuse if you don't look for the signs.". 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. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. Last October, the Supreme Court declined to hear the case. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). 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. In 2008, Lucio was convicted and sentenced to die. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. The two women friends and formerly incarcerated activists had joined a broad coalition of supporters pressing every lever they could think of to try to stop the execution, scheduled for April 27. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. A pathologist interviewed by The Intercept says the medical examiner who conducted Mariah's autopsy jumped to conclusions and ignored evidence that Mariah died due to an accident. 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. "If they go through with it, they'll be killing an innocent woman.". 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. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. She is the mother of 14 children, including Mariah. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . Director of The State of Texas vs. Melissa, Sabrina Van Tassel argues for Melissa Lucio's retrial. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. ", Bobby was seven when Mariah died. She received abuse throughout her childhood and teenage years. "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.". 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. CNN . If youre gonna bring it, bring it right. 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. But in 2021, the full court upheld her conviction for procedural reasons a technicality. . 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. 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. 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. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. And if he didnt have none 15 years ago, you dont have any today.. Melissa Lucio has given birth to 14 children. This child had more bruises than Ive ever seen in any case that I had before, she said. "We ask you not to tear those wounds open again. 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. We certainly want Melissa to get her hearing as quickly as possible, Schardl said. Two days later, her father called police when Mariah suddenly stopped breathing. Greg Abbott to spare their mom's life. The 53-year-old is in the news because she is facing execution. Police blamed Lucio for . She had fallen asleep on her parents' bed, but never woke up again. 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. The Board then announced it would not vote at that time. Now she can prove her innocence. In an undated photo, Melissa Lucio is pictured with one of her young children. According to Lucio, she was once sexually abused by her mothers boyfriend. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. Lucio was previously sentenced to death in 2008 and was pregnant with twins at the time of her incarceration, which she had to put up for adoption as she was unable to support the babies feeding in prison. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". 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. 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. One of her other daughters, Adriana, stands at left. Her husband continued to abuse her physically, emotionally, and sexually, producing 5 children even at the age of being minor, and abandoned the whole family leaving behind Lucio and her kids. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. Melissa Lucio Personal Life. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. Lucio has always maintained her innocence. Greg Abbott to either grant an execution reprieve or commute her sentence. 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. At the time of Mariah's death in 2007, Ms. Lucio lived with Mariah's father, Robert Alvarez, and nine children; the family had just moved into a new apartment. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. 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. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. After finding no other injuries, Melissa said she had continued on with her day. 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. 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. 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. 2022 CBS Interactive Inc. All Rights Reserved. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. 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. Who is Melissa Lucio? But many doubt Lucio's guilt and call into question the fairness of her trial. In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. 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. 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. It was potentially one of the last times he would see her alive. Her second life partner continued to rape her and threatened her with death. April 28, 2022 5:23 PM EDT. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. She admitted that she had spanked Mariah on the butt, but denied abusing her. 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. Michelle described the moment they saw Lucio inside the visitation area. She hadnt. 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 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. Two days later, Mariah went to sleep and didnt wake up. 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. But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. She gave birth to the twins while in jail and was forced to give them up for adoption. This is terrifying it should be terrifying for everybody.. Lucio later had nine more children with her next husband, who was also found to be abusive towards her. It came as it was revealed that Lucio and her children struggled through poverty. 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. 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. 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. According to Lucio, she was once sexually abused by her mothers boyfriend. 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According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. 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. Melissa Lucio and her children. By Monday morning, there was a fair amount of speculation spreading among activists about what would happen; word was that the board had already made its decision and would make its announcement by early afternoon. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. he asked. Please enter valid email address to continue. Mariah is in my heart today and always.. Are you serious!? 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. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. Who is Melissa Lucio? 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. 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. 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. All Rights Reserved. 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. January 25, 2022, 9:34 AM, CST. 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 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. CNN has reached out to prosecutors for comment. The lawmakers say they are troubled by Lucio's case and believe her execution should be stopped as there are legitimate questions about whether she is guilty. After her conviction for Mariah's murder, Melissa's children were taken from her care. That is wonderful. State Rep. Jeff Leach, R-Plano, and other members of the Texas House Criminal Justice Reform Caucus ask state officials to halt the execution of . According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. Experts on false confessions who reviewed the interrogation tapes say Lucio was especially vulnerable, as a victim of child sexual abuse and later domestic violence, developing defense mechanisms. AMY GOODMAN: Melissa Lucio is a mother of 14 children. In 2019 the 5th U.S. Lucio, a . By the time she gave birth to her twelfth child, Melissa had experienced homelessness, drug addiction, and severe mental illness," according to an amicus brief filed by former prosecutors, anti-violence organizations and others on Lucio's behalf. On 27 April, Melissa Lucio was supposed to die. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. Melissa Lucio with her children. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. 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. ", Now, the power to save Lucio lies in the hands of Texas' Republican Governor Greg Abbott, the Board of Pardons and Parole, and the current Cameron County District Attorney, Luis V. Saenz, whose office said in a statement to CBS News: "A jury of (Lucio's) peers rendered to her a verdict. "I am only here to do what can be done for my mother.". On 15th April Ms. Lucios attorney filed a habeas petition appealing for her client to seek a stay of her execution and argued that she deserves a new trial because she is innocent and is falsely taken or misunderstood. asked Luciano. She was abused throughout her childhood and adolescence. Lucio, the only Latina on death row, was . Lucios father died when Lucio was an infant and her family moved to Rio Grande Valley when Lucio was nearly 3 to 4 years old. 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 . But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. 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 . At the time of his mother's arrest, John was 17 years old. Dozens of politicians from both parties have backed her. Read about our approach to external linking. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . Have you heard the news? Speaking at the press conference, Keith responded to Saenzs statement. False confessions are more common than you might think. "They badgered, berated and yelled at her until she finally agreed to their demands and insistence that she was guilty of harming her child," said Ms Babcock, who argues that there was a "rush" to judge her guilty. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. So, I really try not to think about the future, because right now I have what I want. Potkin says Lucio had inadequate defense during her trial. 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.". 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. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. As of 2021, Melissa has been on death row for 13 years. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. They hope to persuade the state's Board of Pardons and Paroles and Gov. 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