Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. 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. 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 . The woman, Melissa Lucio, a mother of 14, was found guilty back in . 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. 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. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. 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 . The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. Melissa's execution date is set for April 27, 2022. Director of The State of Texas vs. Melissa, Sabrina Van Tassel argues for Melissa Lucio's retrial. Please give us a chance for peace. But today, multiple expert pathologists agree Mariah could have suffered a head injury from a fall, leading to a disorder that causes extreme bruising. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. At the crash site of 'no hope' - BBC reporter in Greece. She received abuse throughout her childhood and teenage years. The Texas courts have spared Melissa Lucio's life. Greg Abbott to either grant an execution reprieve or commute her sentence. 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 . 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. 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.. 2. At the time of Lucio's trial, Villalobos was running for reelection against a challenger who criticized him for not thoroughly investigating or prosecuting charges of child abuse. On the other hand, Lucio said she was pressured into giving false information about the allegations. 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. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. appreciated. Melissa Lucio Early Life. 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. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. She is scheduled to be put to death on April 27. But for us, whats clear is that theres a recognition by the court that something is wrong and needs to be fixed.. 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. (AP) 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. Her cause was taken up by everyone from her living children - her eldest son the most vocal among them - to Kim Kardashian, the celebrity turned would-be lawyer. According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. Melissa Lucio holds her daughter Mariah in this undated photograph. 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. 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. 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. Hawara: 'What happened was horrific and barbaric'. At times, they were homeless and relied on food banks for meals, according to the petition. Two days later, her father called police when Mariah suddenly stopped breathing. FilmRise. "The death of our sister Mariah and the prosecution of our parents tore our family apart. And certainly, the court system.. After her conviction for Mariah's murder, Melissa's children were taken from her care. If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. 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. Now she can prove her innocence. While she technically remains on death row, her case is due to be reviewed again. Who Are Melissa Lucio Kids? 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. The daughter, who was still a small child at the time, had to be examined by a doctor for a disability and was unstable when walking. "At the same time, here we are, seven days away from her execution date. The detective handed Melissa Lucio a plastic doll and asked her to spank it. The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. In 2008, she was found guilty of murdering her 2-year-old daughter. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. Lucioss life was not as simple and smooth as other childrens. Melissa Lucio with her children. But the attention the case has garnered helped spotlight the earlier errors in the trial and win a halt to what would be the first execution of a Hispanic woman carried out in Texas in modern times. 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. "Ever since this accident took place, there has been a great division amongst us. The state says Lucio beat her daughter to death. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). A Texas mother convicted of murdering her 2-year-old child has been granted a stay of execution just two days before she was scheduled to die. 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. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. By Maurice Chammah. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. The Texas Court of Criminal Appeals could also stop the execution. That's what Lucio told first responders and the police. "It's very common to be mistaken for abuse if you don't look for the signs.". Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. She married at age 16. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. 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. Did you encounter any technical issues? 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. This dental device was sold to fix patients' jaws. 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.". Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. According to local media, others are still convinced she committed the crime - Melissa had a previously had a history of drug use and some of her children had been taken into care, the jurors heard at her trial - though there was no evidence of abuse. 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. . CNN . The trial court will also be asked to consider the claim that Lucio is innocent of murder. "She is not guilty of the death of my baby sister.". 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. The trial court in Brownsville will hold proceedings to hear the evidence of Lucios innocence, Tivon Schardl, one of Lucios attorneys and the chief of the federal public defenders capital habeas unit in the Western District of Texas, said in a news conference Monday. 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. According to Lucio, she was once sexually abused by her mothers boyfriend. The lawyers asked the court to block the execution and send the case back to the lower court for further scrutiny and ultimately, a new trial. The execution of Melissa Lucio is off. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. When the . Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. Melissa Lucio, 53, is scheduled to be executed on April 27. 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. Error compounded error, the lawyers wrote in their petition to the Court of Criminal Appeals. Share. 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. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. Lucio learned of the stay from Texas state Rep. Jeff Leach, who along with a bipartisan majority of the state legislature has championed her case, calling for clemency or a new trial. 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. Read about our approach to external linking. 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP, Melissa Lucio was pregnant with twins when she was arrested in 2007. Mariahs lifeless body arrived at a hospital in Harlingen, Texas, covered in bruises, which authorities immediately assumed were evidence of abuse. "I hit her like this," she demonstrated by spanking a doll, sealing her fate. Published May 2, 2022 10:56 a.m. PDT. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . Melissa Lucios loved ones react to her stay of execution during a press conference in Gatesville, Texas, on April 25, 2022. on about your day, ask yourself: How likely is it that the story you just read would have been produced by a different news outlet if The Intercept hadnt done it? She gave birth to the twins while in jail and was forced to give them up for adoption. 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. 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. 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. 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. Daniela is Melissa's eldest daughter. Gilman questioned why the CPS was trying to permanently revoke Lucio's . Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. April 28, 2022 5:23 PM EDT. There is a motion pending in the trial court to disqualify him from further participation in this case, Schardl said. 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. "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.". But the older children had it harder. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. It was potentially one of the last times he would see her alive. She says she was coerced to confess by a Texas Ranger during her interrogation. ", First published on April 11, 2022 / 11:29 AM. 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. For further details of our complaints policy and to make a complaint please click this link: thesun.co.uk/editorial-complaints/, Melissa Lucio was pregnant with twins when she was arrested in 2007, was granted a stay of execution two days prior, Independent Press Standards Organisation (IPSO). 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. 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. "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. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. 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. The detective handed Melissa Lucio a plastic doll and asked her to spank it. 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. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. Please give us the chance for closure. During an emotional press conference he stated, "I don't want my mom to be executed. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. I even told her myself that I consider her my best friend. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . CNN Sans & 2016 Cable News Network. So, I really try not to think about the future, because right now I have what I want. At this time, it remains unclear if Lucio's execution will be overturned. The second claim says new scientific evidence would prevent Lucios conviction. 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. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". It simply has not been the same in the past 15 years," he said. According to an interrogation with Lucio regarding the death of her youngest child of that time, Mariah fell down the stairs while the family was moving homes back in February 2007. Witness testimony from one of Mariah's siblings about the 2-year-old's fall down an uneven staircase two days before her death never made it before the jury, and expert witnesses were not allowed to testify on reasons why Lucio might have made a false "confession.". The wounds never fully healed. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. 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. Even after none of her children accepted their mothers physical abuse from Lucio, the police and pathologists continued to claim that Mariahs death was not a result of the fall from the stairs. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. "It looks from the outside like somebody has gotten, say, punched," said Schardl. She had fallen asleep on her parents' bed, but never woke up again. "No, I'm not." Oh my God. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . Lucio was previously sentenced to death in 2008 and was pregnant with twins at the time of her incarceration, which she had to put up for adoption as she was unable to support the babies feeding in prison. She hadnt. I know she's innocent.' The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. 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. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. "Oh, it's definitely exculpatory," Schardl replied. 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. So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . 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. But Lucio had no history of child abuse. "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. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. 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 . Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. Lucio's thoughts are with her children . Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Ms. Lucio was taken for questioning and was interrogated for nearly five hours, at the time she was pregnant and was going through a shock of the loss of her young child Mariah. Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . At this time, it remains unclear if Lucio's execution will be overturned. VideoRecord numbers of guide dog volunteers after BBC story. Get browser notifications for breaking news, live events, and exclusive reporting. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. We certainly want Melissa to get her hearing as quickly as possible, Schardl said. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . Among them is one of her sons, John Lucio. Two days later, Mariah went to take a nap and did not wake up. According to the Innocence Project, it was an abusive marriage. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Melissa Lucio was found guilty of a very serious crime called "capital murder". "Are you a cold-blooded killer?" 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. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. It was fitting that Leach would deliver the news. 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. 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 . As the process unfolds, she will remain on death row, her legal team said. 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. In 2008, Lucio was convicted and sentenced to die. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 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. 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.. The 53-year-old is in the news because she is facing execution. 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. Are you serious!? In 2007, Lucio's family was living in a second-floor apartment in Harlingen, in Texas' Rio Grande Valley, and the family was preparing and packing to move to a new home. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. The evidence presented in this case shows that, at about 7:00 p.m. on Saturday, February 17, 2007, paramedics were dispatched to an apartment where Melissa Lucio lived with nine of her children and an adult male named Robert Alvarez, who was the father of at least seven of these children and whom Melissa Lucio referred to as her husband. The BBC is not responsible for the content of external sites. Melissa Lucio Personal Life. How many children does Melissa Lucio have? Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. To prevent Lucio from being executed, Texas Gov. Or sleeping well. "Her next partner continued the cycle of violence, punching her in public and beating her at home. CNN has reached out to prosecutors for comment. 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. 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. Prosecutors at her . 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. On 27 April, Melissa Lucio was supposed to die. 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. Toon had been the inmate librarian at the Mountain View prison unit where Texass female death row prisoners are housed, and shed gotten to know Lucio over the years. She was abused throughout her childhood and adolescence. Legal team for Melissa Lucio. In 2014, Villalobos was sentenced to 13 years in federal prison for racketeering and extortion. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. Potkin said Lucio was . Lucio woke up on February 15, 2007, got some of the children ready for school and then turned her attention to packing up their "run-down, second-floor apartment," the petition says. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. "The older ones, we were more or less of age, we were the losers," he said woefully. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. 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