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. During an emotional press conference he stated, "I don't want my mom to be executed. 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. They probably never will," her kids said in the letter. . 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. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. Two days later, Mariah went to take a nap and did not wake up. "Her next partner continued the cycle of violence, punching her in public and beating her at home. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. "The death of our sister Mariah and the prosecution of our parents tore our family apart. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. Among the experts her attorneys sought to put on the stand was a psychologist who planned to testify that Lucio's history as a survivor of domestic and sexual abuse helped explain why she told interrogators what they wanted to hear even if it wasn't true. She received abuse throughout her childhood and teenage years. 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. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. It simply has not been the same in the past 15 years," he said. Lucio's lawyers say the evidence shows it was a tragic accident. Are you serious!? She had fallen asleep on her parents' bed, but never woke up again. 02:43 - Source: CNN. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. 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 . The fourth claim argues the state suppressed evidence favorable to her defense, violating her rights to due process. 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. asked Luciano. 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. Are you serious! How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. 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. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Covid origin likely China lab incident - FBI chief, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip, Ukraine war casts shadow over India's G20 ambitions, Record numbers of guide dog volunteers after BBC story. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Published May 2, 2022 10:56 a.m. PDT. In an undated photo, Melissa Lucio is pictured with one of her young children. . She married at age 16. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. As per the data, Melissa Lucio is only 5 feet 2 inches tall. Who Are Melissa Lucio Kids? I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". (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. And so she has to confront that reality, too, that the execution could go forward.". John has organised sitdowns seeking the release of his mother and said he will continue fighting. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. "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.". 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. 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. 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. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. Two days later, Mariah went to sleep and didnt wake up. CNN . After her conviction for Mariah's murder, Melissa's children were taken from her care. Looking at her pictures, we can identify that she is overweight. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. The detective handed Melissa Lucio a plastic doll and asked her to spank it. Texas woman on death row receives bipartisan support for clemency from state officials. Oh my God. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. However, she has maintained her innocence ever since. It was fitting that Leach would deliver the news. 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. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. 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. This is terrifying it should be terrifying for everybody.. Consider what the world of media would look like without The Intercept. April 11, 2022 / 11:29 AM 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. Although interviews with Lucio's children, her mother, and her sisters give the clear sense that Melissa's family wants her home, it never really feels like the family members get comfortable . "Do it real hard," he said. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . Melissa Lucio holds her daughter Mariah in this undated photograph. The Texas Court of Criminal Appeals could also stop the execution. Among them is one of her sons, John Lucio. At least for now. One of Mariah's other siblings witnessed the fall and later, when interviewed by Child Protective Services after Mariah's death, stated that he saw his sibling fall down the stairs.". 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. The detective handed Melissa Lucio a plastic doll and asked her to spank it. 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. 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. Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. The trial court will also be asked to consider the claim that Lucio is innocent of murder. Melissa's execution date is set for April 27, 2022. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. Leach and a handful of colleagues traveled to visit Lucio in prison. But Lucio had no history of child abuse. AP 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. 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. 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 . And certainly, the court system.. Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. Lucio has always maintained her innocence. Greg Abbott to spare their mom's life. Get browser notifications for breaking news, live events, and exclusive reporting. 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. In fact, the court had twice ruled against Lucios appeals. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. 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. "Or were you a frustrated mother who just took it out on her for whatever reason?" 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. 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. 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 . "I am only here to do what can be done for my mother.". Your effort and contribution in providing this feedback is much "Over 100 times, she asserted her innocence," said Potkin. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Mariah is in my heart today and always.. It was like, "Ugh, let her rot in Hell." Mariahs father, Roberto Antonio Alvarez was also arrested in relation to her death but he was only convicted of endangering a child and sentenced to four years in prison. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. (AP) Director of The State of Texas vs. Melissa, Sabrina Van Tassel argues for Melissa Lucio's retrial. 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. ", First published on April 11, 2022 / 11:29 AM. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. The woman, Melissa Lucio, a mother of 14, was found guilty back in . Who would hold party elites accountable to the values they proclaim to have? This dental device was sold to fix patients' jaws. She admitted that she had spanked Mariah on the butt, but denied abusing her. hide caption. ", "Everything," he replied. Did you encounter any technical issues? She was convicted 14 years ago of murdering her 2-year-old . The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Greg Abbott to either grant an execution reprieve or commute her sentence. 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. 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. But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. 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 . 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 . Legal team for Melissa Lucio 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 . Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Detectives rushed to judgment and, just two hours after Mariah died, took Ms. Lucio in for questioning. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. 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. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. To help us hold the powerful to account hours after Mariah died, took Lucio... 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