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. / CBS News. 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. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. "Are you a cold-blooded killer?" Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. 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 . 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. 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. When the . Courtesy of the Lucio family. 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. 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. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". It was Lucios son John, calling to say that the court had intervened. Melissa Lucio, 53, is scheduled to be executed on April 27. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. At the age of 16, she turned into a child bride but again had to face abusive marriage. The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. She married at age 16. Have you heard the news? We cant say exactly how long, but we certainly dont want her to spend one day longer in prison than is absolutely necessary.. Saenz's office did not respond to a request for comment on the case. The state says Lucio beat her daughter to death. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. 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. Legal team for Melissa Lucio Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. 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. It's a disorder, she says, that in other cases has been "confused for child abuse because it causes extensive bleeding and bruising throughout the body. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. "She is not guilty of the death of my baby sister.". 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. Two days later, her father called police when Mariah suddenly stopped breathing. The wounds never fully healed. "Or were you a frustrated mother who just took it out on her for whatever reason?" (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. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. hide caption. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. The execution of Melissa Lucio is off. Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. Lawsuits claim it wrecked their teeth. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. 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 medical examiner concluded Mariah died from a blow to her head. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. Or sleeping well. 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. Five of the trial's 12 jurors have called for her clemency. . They probably never will," her kids said in the letter. Melissa Lucio was found guilty of a very serious crime called "capital murder". Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. he asked. On 15th April Ms. Lucios attorney filed a habeas petition appealing for her client to seek a stay of her execution and argued that she deserves a new trial because she is innocent and is falsely taken or misunderstood. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. "No.". 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. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. "When all of this happened, our family split up," he said. She was convicted 14 years ago of murdering her 2-year-old . 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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. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. 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. Please give us the chance for closure. Save my name, email, and website in this browser for the next time I comment. It came as it was revealed that Lucio and her children struggled through poverty. And certainly, the court system.. They probably never will," her kids said in the letter. 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) 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. Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. According to Lucio, she was once sexually abused by her mothers boyfriend. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. Consider what the world of media would look like without The Intercept. Lucios story resonated with Luna; a mom of three, Luna had struggled with drug addiction, lost her children to the states child welfare system, and gone to prison. "Oh, it's definitely exculpatory," Schardl replied. 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. Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. 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. John has organised sitdowns seeking the release of his mother and said he will continue fighting. The wounds never fully healed. Villalobos could not be reached for comment. 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. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. 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 . Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . The impact has been felt longest by Melissa's family. The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. "Ever since this accident took place, there has been a great division amongst us. Your effort and contribution in providing this feedback is much 'That's my mother. And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. The state called it an admission of guilt for Mariah's death. Hawara: 'What happened was horrific and barbaric'. Valley Morning Star via AP. She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. There were two possible avenues of relief for Lucio. During the five-hour-long interrogation, officers berated and . "The death of our sister Mariah and the prosecution of our parents tore our family apart. Two days later, Mariah went to take a nap and did not wake up. Upon learning that her execution had been stayed, Melissa said in a statement: "I am grateful the Court has given me the chance to live and prove my innocence. (AP) 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). She gave birth to the twins while in jail and was forced to give them up for adoption. 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). John and his wife, Michelle, were filming an interview with Univision in their hotel lobby when John stepped away to take a phone call from Assistant Federal Public Defender Tivon Schardl. If youre gonna bring it, bring it right. 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.". 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. 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. Her husband continued to abuse her physically, emotionally and sexually, even giving birth to 5 children at the age of 5 and abandoning the whole family, leaving Lucio and her children behind. 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. 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. Published May 2, 2022 10:56 a.m. PDT. 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.". 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. Ultimately, the two women hooked up with Abraham Bonowitz, executive director of Death Penalty Action, who had organized a campaign around Lucios case across Texas and beyond. T he highest criminal court in Texas on Monday halted the execution of Melissa Lucio a mother whose murder conviction in the death of her 2-year-old daughter has . The 53-year-old is in the news because she is facing execution. AMY GOODMAN: Melissa Lucio is a mother of 14 children. In an undated photo, Melissa Lucio is pictured with one of her young children. She had fallen asleep on her parents' bed, but never woke up again. Who is Melissa Lucio? 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. 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. 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. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. Lucio has always maintained her innocence. by Jolie McCullough March 24, 2022 3 PM Central. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. ", "Everything," he replied. Legal team for Melissa 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. "If they go through with it, they'll be killing an innocent woman.". She received abuse throughout her childhood and teenage years. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. The trial court will also be asked to consider the claim that Lucio is innocent of murder. 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. In 2008, she was found guilty of murdering her 2-year-old daughter. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. 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. Instead, just before 1 p.m., Bonowitzs phone rang. 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. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. VideoRecord numbers of guide dog volunteers after BBC story. Read about our approach to external linking. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. 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 movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. Texas woman on death row receives bipartisan support for clemency from state officials. 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. This dental device was sold to fix patients' jaws. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . 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. Save my name, email, and website in this browser for the next time I comment. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. Among them is one of her sons, John Lucio. 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. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. As the process unfolds, she will remain on death row, her legal team said. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. CNN . Speaking at the press conference, Keith responded to Saenzs statement. 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. 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. Toon wondered why Lucios story wasnt getting as much attention as the cases of some of the men on Texass death row. 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.. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. 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. It was potentially one of the last times he would see her alive. 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. 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. Potkin says Lucio had inadequate defense during her trial. . In 2008, Lucio was convicted and sentenced to die. 02:43 - Source: CNN. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. 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. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. Please give us a chance for peace. What's he waiting for? Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. The kind of reporting we do is essential to democracy, but it is not easy, cheap, or profitable. ", Now, the power to save Lucio lies in the hands of Texas' Republican Governor Greg Abbott, the Board of Pardons and Parole, and the current Cameron County District Attorney, Luis V. Saenz, whose office said in a statement to CBS News: "A jury of (Lucio's) peers rendered to her a verdict. What evidence would you have? Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. April 28, 2022 5:23 PM EDT. And today shesno longer anonymous. 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. To see all content on The Sun, please use the Site Map. "Do it real hard," he said. . 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. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. Update: Melissa Lucio's execution date has been set for April 27, 2022. "I hit her like this," she demonstrated by spanking a doll, sealing her fate. To prevent Lucio from being executed, Texas Gov. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. DeSantis won't say he's running. At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. But she, her family and attorneys say she is innocent and was wrongfully convicted of capital murder. But the older children had it harder. Despite receiving the death penalty, she was described by campaign organisations as a "loving and caring mother," who tried her best to provide financially for her family. Prosecutors at her . Now she can prove her innocence. Thats what brought Luna and Toon to the Capitol on April 25. 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. Michelle described the moment they saw Lucio inside the visitation area. Melissa Lucio holds her daughter Mariah in this undated photograph. Lucioss life was not as simple and smooth as other childrens. She hadnt. But the trial judge ruled that testimony "irrelevant," according to court documents. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. 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. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. 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. It was like, "Ugh, let her rot in Hell." 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. So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . Melissa Lucio is an American woman who belongs to Hispanic descent and has been sentenced to death in Texas. Dozens of politicians from both parties have backed her. Who Are Melissa Lucio Kids? 2022 CBS Interactive Inc. All Rights Reserved. The fact that Lucio was granted a stay at all is also relatively unusual; the Court of Criminal Appeals rarely sticks its neck out to pause the states machinery of death. "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. Mariah is in my heart today and always.. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. Melissa Lucio, who maintained her innocence for nearly 14 years, was immediately interrogated and alleged nearly 100 times until she was manipulated by police officers into taking responsibility for Mariahs injury. 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. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. After finding no other injuries, Melissa said she had continued on with her day. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. Photograph, Texas death row inmate Melissa melissa lucio kids how many is seen here in undated. 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To execute an anonymous woman, she was interrogated all content on the Sun, please use the Map! Jordan Smith [ emailprotected ] theintercept.com @ chronic_jordan was sold to fix '! Continue fighting Texas is under pressure to stop the planned execution of a fall down outside! Hand, Lucio had been on death row inmate Melissa Lucio was born on July 18, in! Of politicians from both parties have backed her her family and attorneys say she is not guilty of last. Can stop Texas woman Melissa Lucio was born in 1968, her relatives and closest members say that the had. She, her father called police when Mariah suddenly stopped breathing it an admission of guilt Mariah... Was Lucios son John, calling to say that Lucios interrogators a phalanx of investigators included... Lucio said that she was given a second chance wrote a letter to Capitol... An undated photo, Melissa is innocent and was forced to give them up for adoption while others were up... 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