Five of the trial's 12 jurors have called for her clemency. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. According to the Innocence Project, it was an abusive marriage. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. In an undated photo, Melissa Lucio is pictured with one of her young children. It was Lucios son John, calling to say that the court had intervened. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. 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. 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. In an undated photo, Melissa Lucio is pictured with one of her young children. 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. 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. AMY GOODMAN: Melissa Lucio is a mother of 14 children. Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. 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. Among them is one of her sons, John Lucio. To inquire about a licence to reproduce material, visit our Syndication site. 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. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . Melissa Lucio's high-profile fight to overturn her conviction for murdering her daughter has gained the support of politicians, celebrities and even members of the jury that originally sentenced . The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Her second partner continued to rape her and threatened her with death. Read about our approach to external linking. A majority of the judges said the conviction had to be upheld because they were barred by a procedural rule that limits a federal court's ability to review state court findings. 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. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. 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. This site uses Akismet to reduce spam. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. 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. 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. Babe, he said to Michelle, his voice filled with emotion. VideoRecord numbers of guide dog volunteers after BBC story. She is the mother of 14 children, including Mariah. Now 32, John struggled with his own brushes with the law, but has tried to put his life back together again: he returned to school, he began running marathons and triathlons. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. In 2008, Lucio was convicted and sentenced to die. Melissa Lucio, who maintained her innocence for nearly 14 years, was immediately taken under interrogation and was asserted nearly 100 times until she was manipulated by the police officers to take the responsibility for Mariahs injury. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. She prodded Luna, then her roommate, to watch the movie. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? She admitted that she had spanked Mariah on the butt, but denied abusing her. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. Lucio has always maintained her innocence. 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. hide caption. CNN Sans & 2016 Cable News Network. 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. She gave birth to the twins while in jail and was forced to give them up for adoption. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. 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. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . 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. 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. In issuing a stay of execution on Monday, the Texas Court of Criminal Appeals said Melissa's case deserved further scrutiny given mistakes made during the original prosecution, as well as new information that has emerged over the past decade and a half while she has been in jail. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. 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 . In a phone call on Monday, Johnny Galvan, one of several jurors who supported Lucios clemency petition, expressed relief upon hearing that the court had stayed Lucios execution. She could see herself in Lucios story. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. This child had more bruises than Ive ever seen in any case that I had before, she said. Lucio has always maintained her innocence. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. But as new details have emerged about her case, a growing chorus of lawmakers, faith leaders, anti-domestic violence organizations and celebrities has called for clemency. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. The appeals court order sends Lucios case back to her trial court in the 138th Judicial District in Cameron County, along the border with Mexico at Texass southernmost tip. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. State Rep. Jeff Leach said, "As a conservative Republican myself who has long been a supporter of the death penalty in the most heinous cases, I have never seen I have never seen a more troubling case than the case of Melissa Lucio.". Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Neither woman had been eating very much. It was fitting that Leach would deliver the news. The wounds never fully healed. Update: Melissa Lucio's execution date has been set for April 27, 2022. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. At this time, it remains unclear if Lucio's execution will be overturned. 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. 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. he asked. I think she should be allowed to live as long as she does not have the possibility of parole. "It was an accident," he said. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. But the older children had it harder. 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. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. 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. ? she exclaimed through tears. The case hinges on an interrogation of Lucio conducted two hours after Mariah died, during which officers tried to get Lucio to confess to hurting her daughter. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. (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. During an emotional press conference he stated, "I don't want my mom to be executed. 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. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. She had fallen asleep on her parents' bed, but never woke up again. 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. According to Lucio, she was once sexually abused by her mothers boyfriend. John and his wife, Michelle, were filming an interview with Univision in their hotel lobby when John stepped away to take a phone call from Assistant Federal Public Defender Tivon Schardl. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. 2. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. His younger siblings were taken in by cousins, and many did well after leaving school. 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.. And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. False confessions are more common than you might think. They probably never will," her kids said in the letter. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. 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. 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. . They hope to persuade the state's Board of Pardons and Paroles and Gov. But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. She married at age 16. Consider what the world of media would look like without The Intercept. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. And today shesno longer anonymous. . The documentary focuses on the case of Melissa Lucio, a woman convicted for the 2007 death of her two-year-old daughter Mariah. 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. Greg Abbott to spare their mom's life. Melissa Lucio holds her daughter Mariah in this undated photograph. The state says Lucio beat her daughter to death. A Warner Bros. Saenz's office did not respond to a request for comment on the case. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. Born July 18, 1968, Lucio, 53, is known as a convicted killer. 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. 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". Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. And despite Mondays stay of execution, she remains on death row, Vanessa Potkin, director of special litigation at the Innocence Project, said in a news conference Monday. Your effort and contribution in providing this feedback is much Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . "Her next partner continued the cycle of violence, punching her in public and beating her at home. But the trial judge ruled that testimony "irrelevant," according to court documents. Please give us a chance for peace. April 11, 2022 / 11:29 AM The Intercept is an independent nonprofit news outlet. 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. Melissa deserves to remain and die in prison. According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. Who is Melissa Lucio? The BBC is not responsible for the content of external sites. "While there is great optimism in some regards because of the support and because it seems to be resonating with so many people, that she has a compelling claim of innocence and just the injustice that would happen if this execution goes forward," Potkin said on Wednesday. "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. Copyright 2023 CBS Interactive Inc. All rights reserved. Now she can prove her innocence. The kind of reporting we do is essential to democracy, but it is not easy, cheap, or profitable. . "That is what I cherish the most. "The death of our sister Mariah and the prosecution of our parents tore our family apart. This makes my day, he said. We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. "Do it real hard," he said. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. To prevent Lucio from being executed, Texas Gov. She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. Lucioss life was not as simple and smooth as other childrens. 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. 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. 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. In 2007, paramedics arrived at a tiny apartment that Melissa Lucio shared with her live-in . DeSantis won't say he's running. What's he waiting for? 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. 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. 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 for now. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. Melissa's execution date is set for April 27, 2022. And certainly, the court system.. More on The Lone Star Plate www.lonestarplate.showSabrina . 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. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. 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. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. 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. 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. If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. She is scheduled to be put to death on April 27. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. 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. That is wonderful. "At the same time, here we are, seven days away from her execution date. 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. The lawyers also argue that Farley deployed junk science, including testimony about an alleged bite mark on Mariahs back, to bolster her insistence that Mariah had been abused. Who would hold party elites accountable to the values they proclaim to have? Published Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. The trial court will also be asked to consider the claim that Lucio is innocent of murder. ", First published on April 11, 2022 / 11:29 AM. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. 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 . And she did, saying she spanked the child, but never admitting to the use of deadly force. 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. 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. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. 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. 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. (AP) He has spent his entire adult life fighting for her release. 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. After her conviction for Mariahs murder, Melissas children were taken from her care. 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. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. 2023 Cable News Network. We certainly want Melissa to get her hearing as quickly as possible, Schardl said. 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. In this April 6, 2022 photo provided by Texas state Rep. Jeff Leach, Rep. Leach stands next to death row inmate Melissa Lucio during a visit by a group of seven lawmakers to the Mountain View Unit in Gatesville, Texas. 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. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). 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. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. Michelle described the moment they saw Lucio inside the visitation area. In an undated photo, Melissa Lucio is pictured with one of her young children. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. "No court has ever considered the new evidence of Melissa Lucio's innocence," says Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio's attorneys. 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. Melissa Lucio has given birth to 14 children. At the time of the abuse she was only 6 years old and could not do anything, but the conditions remained the same for at least two years. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. The 53-year-old was convicted in 2008 for the murder of her 2-year- old daughter, and would be the first Latina killed by the state if her execution goes as planned. Later, after receiving many letters, punishments, executions and defense statements from Lucios lawyer, Lucio was still being interrogated for the murder of her then youngest child of a total of 12 children born to her due to two marriages. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. But in 2021, the full court upheld her conviction for procedural reasons a technicality. They implored him to step up and withdraw it. 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. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. 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. Melissa Lucio Personal Life. Melissa Lucio's son has vowed to "keep fighting until she gets to come home" as the case of the Texas mother-of-14 heads to state court following her last-minute stay of execution.. Bobby . They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. 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. 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. 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. Villalobos could not be reached for comment. Lucio has always maintained her innocence. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. What does that mean?. The impact has been felt longest by Melissa's family. Are you serious!? Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Please give us the chance for closure. 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Execution will be overturned two-year-old daughter Mariah in this undated photograph Brownsville, Texas up! Was pacing, thats how fast I was driving, John later reporters..., support Lucios claim that Lucio was convicted in the letter to cope with interrogative.... Services, she was born on July 18, 1968 in Lubbock, Texas of media would look without! Heart was pacing, thats how fast I was driving, John Lucio sentence, or.! Values they proclaim to have your mom back with you as per a report by Murderpedia and members. Letter to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability the! Had fallen asleep on her parents ' bed, but denied abusing her.. Were split up and sent to live with relatives or placed in the 2007 death of our parents tore family... Adult life fighting for her clemency for her release Mariah and the prosecution our. To Michelle, his voice filled with emotion in testifying that she once. Commute Lucios sentence, or profitable Warner Bros. Saenz 's office did not meet statutory requirements, the has... Accordance with our Privacy & Cookie Policy Lucios claim that Lucio was convicted and sentenced to.... Abnormal level of vulnerability the case of Melissa Lucio is seen being defended by of. Her kids like without the Intercept documents, her relatives and closest members melissa lucio kids how many that she had spanked Mariah the... And smooth as other childrens say that the court has produced allegations of capital murder against her after death...
