Former Cameron County . 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. "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. 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. (AP) Joining is simple and doesnt need to cost a lot: You can become a sustaining member for as little as $3 or $5 a month. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. The execution of Melissa Lucio is off. They probably never will," her kids said in the letter. 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. This is a beating. Medical experts who reviewed Lucios case now say that Mariahs injuries were entirely consistent with a fall down the stairs, and that Farley failed to rule out that possibility before jumping to her inflammatory conclusion. Lucios lawyers argue that Dr. Norma Farley, the forensic pathologist who autopsied Mariah, misled the jury when she insisted that Mariahs injuries could only have resulted from a fatal beating. 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. 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. What's he waiting for? She was set to be executed on April 27, 2022, butwas granted a stay of execution two days priorby the Texas Court of Criminal Appeals. 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 . 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. . Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Photo: Christian K. Lee/Chronicle. The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. 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. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Melissa Lucio was found guilty of a very serious crime called "capital murder". 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. Alexandra is also another of Melissa Lucio's elder daughters. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". Learn how your comment data is processed. After years of unsuccessful appeals, Melissa Lucio, a Rio Grande Valley woman convicted of killing her 2-year-old daughter, has learned the date of her execution April 27. They implored him to step up and withdraw it. 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. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. According to the Innocence Project, it was an abusive marriage. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". But the older children had it harder. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. In fact, the court had twice ruled against Lucios appeals. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. Please give us a chance for peace. 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. 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. CNN Sans & 2016 Cable News Network. Please give us the chance for closure. 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. So, I really try not to think about the future, because right now I have what I want. 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. The appeals court remanded, or sent back, several claims Lucio raised in an application for a writ of habeas corpus which demands a public official show a valid reason for a persons detention and ordered the trial court to conduct a merits review.. For other inquiries, Contact Us. 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. Who is Melissa Lucio? 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. 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. 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 . At the age of 16, she turned into a child bride but again had to face abusive marriage. Im hoping its not the same evidence Mr. Villalobos had. Among them is one of her sons, John Lucio. Attorneys for Lucio have long argued that Saenz has a conflict of interest due to the fact that Lucios defense attorney at trial, Peter Gilman, now works for him. Two days later, her father called police when Mariah suddenly stopped breathing. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. 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. 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. "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. It was fitting that Leach would deliver the news. FilmRise. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. Two days later, Mariah went to sleep and didnt wake up. 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. The trial court will also be asked to consider the claim that Lucio is innocent of murder. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. Potkin says Lucio had inadequate defense during her trial. Her second partner continued to rape her and threatened her with death. To inquire about a licence to reproduce material, visit our Syndication site. Similarly, film personalities have produced the story of Melissa Lucio either in documentaries, short films, or movies, but no one could deny the fact that she would be getting a sentence to death. She hadnt. Researchers say the risk of a false confession applies not only to traumatized kids, but . She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. Her second life partner continued to rape her and threatened her with death. . Just two days before Melissa Lucio was scheduled to be to be put to death, a Texas court on Monday halted her execution and sent her case back for review. Lucio's thoughts are with her children . 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. But today, multiple expert pathologists agree Mariah could have suffered a head injury from a fall, leading to a disorder that causes extreme bruising. So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . And today shesno longer anonymous. In 2008, she was found guilty of murdering her 2-year-old daughter. 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. The state called it an admission of guilt for Mariah's death. We cant say exactly how long, but we certainly dont want her to spend one day longer in prison than is absolutely necessary.. According to the innocence project, Melissa, the mother of 14 children, was a loving and caring mother despite facing physical assault and abuse from her partner and ex-husband. Lucios life wasnt as easy and smooth as other childrens. She was set to be executed on April 27, 2022, butwas granted a stay of execution two days priorby the Texas Court of Criminal Appeals. 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. Still trying to come to terms with the reality of her child But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. The Texas Court of Criminal Appeals could also stop the execution. 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. This makes my day, he said. My mom got a stay., After sobs and hugs in the lobby, the family raced to see Lucio. "Their electric service was cut, they moved some 26 times in a five-year period. 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. Discovery Company. The medical examiner concluded Mariah died from a blow to her head. But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. 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. 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. Melissa Lucio Personal Life. Well, it means youre going to wake up on Thursday morning, Leach replied. His younger siblings were taken in by cousins, and many did well after leaving school. John has organised sitdowns seeking the release of his mother and said he will continue fighting. 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. 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As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. 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.. Greg Abbott could grant her clemency. And if he didnt have none 15 years ago, you dont have any today.. And she did, saying she spanked the child, but never admitting to the use of deadly force. 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 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. "She is not guilty of the death of my baby sister.". asked Luciano. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . 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. 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. . In 2014, Villalobos was sentenced to 13 years in federal prison for racketeering and extortion. This site uses Akismet to reduce spam. On April 15, Ms Lucios lawyer filed a habeas petition, appealing to her client to seek a stay of her execution, arguing that she deserves a new trial because she is innocent and wrongly arrested or misunderstood become. This dental device was sold to fix patients' jaws. Villalobos could not be reached for comment. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. I know she's innocent.' But she, her family and attorneys say she is innocent and was wrongfully convicted of capital murder. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. "Her next partner continued the cycle of violence, punching her in public and beating her at home. 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. April 11, 2022 / 11:29 AM 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. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. When the news broke, the small crowd gathered outside the governors public reception room at the Texas Capitol erupted with cheers: The states Court of Criminal Appeals had stayed Melissa Lucios impending execution. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. We certainly want Melissa to get her hearing as quickly as possible, Schardl said. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. 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. In 2019 the 5th U.S. After her conviction for Mariahs murder, Melissas children were taken from her care. Instead, just before 1 p.m., Bonowitzs phone rang. 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. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. . 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. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. "If they go through with it, they'll be killing an innocent woman.". According to a lawyer on Lucio's appellate defense team, Melissa is innocent. 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 . Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. This is terrifying it should be terrifying for everybody.. AP Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. At the crash site of 'no hope' - BBC reporter in Greece. Texas state Rep. Jeff Leach via AP Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. 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. 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. 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. Her attorneys are calling for a stay of her execution so her case may be reviewed. 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 . Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. That is our criminal jurisprudence system and it is working., The notion that Saenz would be eager to retry Lucio rather than drop the charges offended Death Penalty Action activist Charles Keith, who spent the past several months traveling to the Cameron County courthouse in Brownsville. 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. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. On 27 April, Melissa Lucio was supposed to die. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. 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. She had fallen asleep on her parents' bed, but never woke up again. Who Are Melissa Lucio Kids? Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. "I am not here to shout," he said. 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.". But Lucio had no history of child abuse. ? she exclaimed through tears. 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. Have you heard the news? 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. "Evidence that could have been exculpatory?" She was abused throughout her childhood and adolescence. Melissa Lucio was repeatedly raped as a child, became a child bride at 16 and had 14 children to two abusive partners (The State of Texas vs. Melissa/ Hulu/ Sabrina Van Tassel) Melissa Lucio and her children. Melissa's execution date is set for April 27, 2022. Melissa Lucio has fourteen kids as of 2021. She prodded Luna, then her roommate, to watch the movie. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. January 25, 2022, 9:34 AM, CST. "The death of our sister Mariah and the prosecution of our parents tore our family apart. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. 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. 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. 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