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. Im hoping its not the same evidence Mr. Villalobos had. 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. She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. 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. According to Lucio, she was once sexually abused by her mothers boyfriend. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. It was fitting that Leach would deliver the news. But the trial judge ruled that testimony "irrelevant," according to court documents. Mariah is in my heart today and always.. Greg Abbott to either grant an execution reprieve or commute her sentence. To prevent Lucio from being executed, Texas Gov. 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. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. The Texas Court of Criminal Appeals could also stop the execution. For 14 years, Lucio had been on . "Ever since this accident took place, there has been a great division amongst us. "Over 100 times, she asserted her innocence," said Potkin. 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. Potkin says Lucio had inadequate defense during her trial. 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 . An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. 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 was found guilty of a very serious crime called "capital murder". Yes, the ruling by the appeals court does nothing to modify Lucios sentence. 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. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. 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. What does that mean?. "They refused to listen to her, sending the clear message that this interrogation wasn't going to stop until she told the officers what they wanted to hear.". Born July 18, 1968, Lucio, 53, is known as a convicted killer. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. The medical examiner concluded Mariah died from a blow to her head. Are you serious! 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. 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. One of her other daughters, Adriana, stands at left. Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. 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. 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. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. She hadnt. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. 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. After Toon was released from prison, she remained in touch with Lucio. The research says that Mariah was physically abused and people like Ms. Lucio often agree to the conditions which they never convicted while being under huge pressure from the majority of people. 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. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. "Evidence that could have been exculpatory?" Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. "It looks from the outside like somebody has gotten, say, punched," said Schardl. The fact that Lucio was granted a stay at all is also relatively unusual; the Court of Criminal Appeals rarely sticks its neck out to pause the states machinery of death. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. "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. On the other hand, Lucio said she was pressured into giving false information about the allegations. 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. April 28, 2022 5:23 PM EDT. That includes the medical examiner who Lucios application says conducted Mariahs autopsy, ignored indications that Mariahs fatal condition had another cause, and testified the injuries could only have been caused by abuse without exploring the fall down the stairs two days before. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. AP According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. 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. Daniela is Melissa's eldest daughter. 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 . 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. The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. 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. Published May 2, 2022 10:56 a.m. PDT. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. 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. This makes my day, he said. 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. Well, it means youre going to wake up on Thursday morning, Leach replied. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 2022 CBS Interactive Inc. All Rights Reserved. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? "Right now, what I have is my family," Alvarez said. Melissa deserves to remain and die in prison. She says that after Mariah's family discovered the child had stopped breathing, they frantically called for help and the responding police rushed to judgment in concluding that Mariah's death had been a murder, due to profound bruising on her body. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. Her second life partner continued to rape her and threatened her with 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. Last October, the Supreme Court declined to hear the case. Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. 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 fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. She was convicted 14 years ago of murdering her 2-year-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. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. The detective handed Melissa Lucio a plastic doll and asked her to spank it. It was like, "Ugh, let her rot in Hell." 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. 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. Her second partner continued to rape her and threatened her with death. 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. 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. 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. The state says Lucio beat her daughter to death. 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. All Rights Reserved. "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. 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. Lucioss life was not as simple and smooth as other childrens. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. Who is Melissa Lucio? On April 27, the day Lucio was set to die, they held another rally outside the Cameron Country DAs office, this time calling on Saenz to drop the charges. Save my name, email, and website in this browser for the next time I comment. Lucio's thoughts are with her children . Texas is scheduled to execute Melissa Lucio next month. "Are you a cold-blooded killer?" According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. The impact has been felt longest by Melissa's family. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. "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. 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. 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. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. He said she fell down a flight of stairs, and died two days later. Mariahs lifeless body arrived at a hospital in Harlingen, Texas, covered in bruises, which authorities immediately assumed were evidence of abuse. 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. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . At times, they were homeless and relied on food banks for meals, according to the petition. "I hit her like this," she demonstrated by spanking a doll, sealing her fate. I even told her myself that I consider her my best friend. "I'll make a decision once it comes to me," Abbott told KRGV, an ABC News affiliate in the Rio Grande Valley. 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 Early Life. They probably never will," her kids said in the letter. Potkin says it's now recognized that "having a trauma history such as Melissa had, being a survivor of sexual abuse and domestic abuse, is a risk factor and vulnerability during custodial interrogation for false confession.". 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. Copyright 2023 CBS Interactive Inc. All rights reserved. Potkin said that now is a complicated time emotionally for Lucio. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . "It was an accident," he said. 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. Lucio later had nine more children with her next husband, who was also found to be abusive towards her. 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. "Melissa didn't observe the fall herself. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. This child had more bruises than Ive ever seen in any case that I had before, she said. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. "No.". 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. ", First published on April 11, 2022 / 11:29 AM. Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . 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. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. Tivon Schardl, supervisory assistant federal public defender in the Capital Habeas Unit in Austin, and part of Lucio's current defense team, said the jurors were not given the full picture: "There's been just a concerted effort to keep this evidence from being considered.". This dental device was sold to fix patients' jaws. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. "At the same time, here we are, seven days away from her execution date. CNN has reached out to prosecutors for comment. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. "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. Photo: Christian K. Lee/Chronicle. 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. "That is what I cherish the most. ", Bobby was seven when Mariah died. The BBC is not responsible for the content of external sites. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. "If they go through with it, they'll be killing an innocent woman.". They probably never will," her kids said in the letter. 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. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. "It's very common to be mistaken for abuse if you don't look for the signs.". "Do it real hard," he said. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. 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. Speaking at the press conference, Keith responded to Saenzs statement. Alexandra is also another of Melissa Lucio's elder daughters. Published 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. Campaigners took up Melissa's cause as one of a miscarriage of justice. Legal team for Melissa Lucio The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. I think she should be allowed to live as long as she does not have the possibility of parole. 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. Naturally, she has brown hair and almost no eyebrow. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Lucio, the only Latina on death row, was . Please give us the chance for closure. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Update: Melissa Lucio's execution date has been set for April 27, 2022. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. Two days later, Mariah went to take a nap and did not wake up. In an undated photo, Melissa Lucio is pictured with one of her young children. But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. 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. `` What would it mean to you to have your mom back with you help us hold powerful. Touch with Lucio driving, John later told reporters at a press conference had more bruises than Ive Ever in. Her kids said in the case, Armando Villalobos Supreme Court declined to hear case! 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