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. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. 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. There is significant evidence of her innocence that no court, no fact finder has ever considered. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. Greg Abbott to either grant an execution reprieve or commute her sentence. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. 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.". "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.". 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. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. 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. 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. Are you serious!? Lucio later had nine more children with her next husband, who was also found to be abusive towards her. The Board then announced it would not vote at that time. VideoRecord numbers of guide dog volunteers after BBC story. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. She prodded Luna, then her roommate, to watch the movie. Well, it means youre going to wake up on Thursday morning, Leach replied. In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. (AP) Five of the trial's 12 jurors have called for her clemency. Valley Morning Star via AP. 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. At least for now. 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. We certainly want Melissa to get her hearing as quickly as possible, Schardl said. 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. Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Saenz's office did not respond to a request for comment on the case. The wounds never fully healed. The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. 2023 BBC. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. 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. The state of Texas has issued a death warrant seeking to execute Melissa Lucio (pictured), a battered woman who was sentenced to death for what may have been an accidental fall that killed her two-year-old daughter.She is scheduled to be executed April 27, 2022. 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. This child had more bruises than Ive ever seen in any case that I had before, she said. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. ", First published on April 11, 2022 / 11:29 AM. Leach and a handful of colleagues traveled to visit Lucio in prison. It was like, "Ugh, let her rot in Hell." FilmRise. Two days later, Mariah went to sleep and didnt wake up. . As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. hide caption. Meg & Harry 'stunned' by King's 'cruel' Frogmore eviction 'punishment', Harry and Meghan evicted from Frogmore Cottage by King Charles after Spare memoir, Emmerdale's Amy Nuttall caught cheating hubby after sexy lingerie slip-up, Shoppers are rushing to buy 23 beauty staple for just 99p at Home Bargains, News Group Newspapers Limited in England No. hide caption. Please give us a chance for peace. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. Thats all it takes to support the journalism you rely on. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. It was fitting that Leach would deliver the news. All Rights Reserved. The trial court will also be asked to consider the claim that Lucio is innocent of murder. At the crash site of 'no hope' - BBC reporter in Greece. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. To inquire about a licence to reproduce material, visit our Syndication site. She hadnt. Its unclear how long the process could take. "No, I'm not." 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.". To prevent Lucio from being executed, Texas Gov. She was convicted 14 years ago of murdering her 2-year-old . Or sleeping well. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. 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. Still trying to come to terms with the reality of her child After finding no other injuries, Melissa said she had continued on with her day. 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. 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. By Maurice Chammah. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. "If Melissa does not get a stay by a certain day, then I will do what I have to do and stop it," Saenz said, as the Austin American-Statesman reported. As per the data, Melissa Lucio is only 5 feet 2 inches tall. "I am not here to shout," he said. Lucio endured more than five hours of interrogation in which she denied killing Mariah, said Vanessa Potkin, director of special litigation at The Innocence Project. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. Please enter valid email address to continue. 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 . But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. 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. 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. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. (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. 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. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. But today, multiple expert pathologists agree Mariah could have suffered a head injury from a fall, leading to a disorder that causes extreme bruising. Daniela is Melissa's eldest daughter. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. Hawara: 'What happened was horrific and barbaric'. 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. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. appreciated. And she did, saying she spanked the child, but never admitting to the use of deadly force. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. 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. According to Lucio, she was once sexually abused by her mothers boyfriend. "Do it real hard," he said. She was abused throughout her childhood and adolescence. 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. 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. 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. Your effort and contribution in providing this feedback is much Get browser notifications for breaking news, live events, and exclusive reporting. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. Michelle described the moment they saw Lucio inside the visitation area. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. 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. 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 had fallen asleep on her parents' bed, but never woke up again. 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. Photo: Christian K. Lee/Chronicle. 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. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. Melissa deserves to remain and die in prison. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. 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. 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