. Legal team for Melissa Lucio To prevent Lucio from being executed, Texas Gov. After her conviction for Mariahs murder, Melissas children were taken from her care. 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. "Are you a cold-blooded killer?" But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. Researchers say the risk of a false confession applies not only to traumatized kids, but . I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. 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. 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. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. 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. It was Lucios son John, calling to say that the court had intervened. Even after none of her children of Lucio accepted the physical abuse by their mother, the police and the pathologists continued to claim that Mariahs death was not because of the fall from stairs. AP But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. 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. She said that she was all the time sexually abused by her first husband who later left her along with five children and parted away. Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. She is the mother of 14 children, including Mariah. 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. She had fallen asleep on her parents' bed, but never woke up again. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. The impact has been felt longest by Melissa's family. Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Lucio, a . 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 . 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. CNN Sans & 2016 Cable News Network. Still trying to come to terms with the reality of her child But the older children had it harder. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. 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. She received abuse throughout her childhood and teenage years. (AP) Potkin said that now is a complicated time emotionally for Lucio. 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This child had more bruises than Ive ever seen in any case that I had before, she said. She married at age 16. 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. His younger siblings were taken in by cousins, and many did well after leaving school. The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. ", First published on April 11, 2022 / 11:29 AM. In 2008, Melissa Lucio was sentenced to death in Texas for the murder of her 2-year old daughter Mariah, who died two days after a tragic fall down a flight of stairs. It was potentially one of the last times he would see her alive. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. 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. 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) 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. How many children does Melissa Lucio have? Greg Abbott to spare their mom's life. The second claim says new scientific evidence would prevent Lucios conviction. I even told her myself that I consider her my best friend. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. Please give us a chance for peace. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. Her life was worth nothing to them. 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. . Texas is scheduled to execute Melissa Lucio next month. During the five-hour-long interrogation, officers berated and . According to a lawyer on Lucio's appellate defense team, Melissa is innocent. 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. 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. 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. 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. By Maurice Chammah. Her attorneys are calling for a stay of her execution so her case may be reviewed. But many doubt Lucio's guilt and call into question the fairness of her trial. She could see herself in Lucios story. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. Mariah is in my heart today and always. "Ever since this accident took place, there has been a great division amongst us. 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. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. 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. CNN has reached out to prosecutors for comment. 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. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. I think she should be allowed to live as long as she does not have the possibility of parole. They probably never will," her kids said in the letter. "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. April 28, 2022 5:23 PM EDT. Her second partner continued to rape her and threatened her with death. "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. View our online Press Pack. The state says Lucio beat her daughter to death. Are you serious! At this time, it . "Her next partner continued the cycle of violence, punching her in public and beating her at home. 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 . 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. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. Former Cameron County . In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. 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. Thats all it takes to support the journalism you rely on. 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. Texas woman on death row receives bipartisan support for clemency from state officials. Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. As per the data, Melissa Lucio is only 5 feet 2 inches tall. 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. She was sexually abused by one of her family members (her mothers boyfriend) at the age of 6. At this time, it remains unclear if Lucio's execution will be overturned. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. 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.". On the other hand, Lucio said she was pressured into giving false information about the allegations. 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. 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. The state of Texas had planned to execute an anonymous woman, she said. "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 the Rio Grande Valley when Lucio was almost 3 to 4 years old. During an emotional press conference he stated, "I don't want my mom to be executed. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. Lucio's lawyers say the evidence shows it was a tragic accident. 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. April 25, 2022 by John Atsu. According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. It was fitting that Leach would deliver the news. 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. We cant say exactly how long, but we certainly dont want her to spend one day longer in prison than is absolutely necessary.. 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. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. The Texas Court of Criminal Appeals could also stop the execution. At the age of 16, she turned into a child bride but again had to face abusive marriage. 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. Melissa Lucio (Provided by the Lucio family) Lucio and her children struggled through poverty. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. 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. Melissa Lucio with her children. Lucios life wasnt as easy and smooth as other childrens. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. "Melissa didn't observe the fall herself. Melissa Lucio Early Life. 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. 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. Now she can prove her innocence. She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. This couldve been me, she said. 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. Michelle described the moment they saw Lucio inside the visitation area. In 2008, Lucio was convicted and sentenced to die. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. Lucio, the only Latina on death row, was . She is scheduled to be put to death on April 27. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. 02:43 - Source: CNN. 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. 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. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . At times, they were homeless and relied on food banks for meals, according to the petition. This site uses Akismet to reduce spam. "The death of our sister Mariah and the prosecution of our parents tore our family apart. "Right now, what I have is my family," Alvarez said. 2023 BBC. 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 . Share. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Lucio's thoughts are with her children, Potkin said, as she talks to friends about the roles they could play in the life of her kids if she is not alive after next week. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. She prodded Luna, then her roommate, to watch the movie. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . 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. A Warner Bros. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. Are you serious!? The execution of Melissa Lucio is off. Looking at her pictures, we can identify that she is overweight. 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. 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.". 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.. 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. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. 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 . Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. Naturally, she has brown hair and almost no eyebrow. Please give us the chance for closure. Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. Mariahs lifeless body arrived at a hospital in Harlingen, Texas, covered in bruises, which authorities immediately assumed were evidence of abuse. So, I really try not to think about the future, because right now I have what I want. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. He was accompanied by family members as well as Sabrina Van Tassel, the director of The State of Texas v. Melissa, who had traveled from Paris to witness Lucios execution. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. Its unclear how long the process could take. They probably never will," her kids said in the letter. In an undated photo, Melissa Lucio is pictured with one of her young children. Her family and friends are protesting her punishment and claim she . Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. Melissa deserves to remain and die in prison. She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. 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