Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. But in 2021, the full court upheld her conviction for procedural reasons a technicality. They implored him to step up and withdraw it. 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. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. Save my name, email, and website in this browser for the next time I comment. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. 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 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. In 2019 the 5th U.S. Valley Morning Star via AP. They probably never will," her kids said in the letter. Melissa's execution date is set for April 27, 2022. Share. Photograph: The Guardian. 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 state says Lucio beat her daughter to death. 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. "Do it real hard," he said. What evidence would you have? "No.". 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. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. "I hit her like this," she demonstrated by spanking a doll, sealing her fate. Juanita Hernandez and her son Juan hug Esperanza Hope Trevino, the mother of Melissa Lucio, during a vigil in San Juan, Tex., on April 22, 2022. More on The Lone Star Plate www.lonestarplate.showSabrina . 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. She is scheduled to die by lethal injection on Wednesday. New FDA-approved drug can slow vision loss, Lawsuits claim dental device wrecked teeth, Pandemic-era SNAP benefits end for millions of Americans as costs rise. 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. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. Please give us a chance for peace. But many doubt Lucio's guilt and call into question the fairness of her trial. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Children plead to save mother from execution, Children say toddler's death was accident, plead to save mom from execution: "She's innocent". Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. 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. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. She could see herself in Lucios story. So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. 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. Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. 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. 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. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. 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. 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. Similarly, movie personalities have produced Melissa Lucios story in either documentaries, shorts, or movies, but no one could deny the fact that she would be sentenced to death. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. And that's what we're hoping for.". John Oliver, the comedian, featured the case in a segment on wrongful convictions on his HBO news programme last month, and Kim Kardashian earlier this month tweeted a letter to the Texas governor signed by nine of Melissa's children pleading for her life to be spared. They probably never will," her kids said in the letter. However, she has maintained her innocence ever since. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. Please enter valid email address to continue. 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. / CBS News. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. "She is not guilty of the death of my baby sister.". After finding no other injuries, Melissa said she had continued on with her day. 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.". However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. Mariah is in my heart today and always. CNN Sans & 2016 Cable News Network. 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. For a time, the only access they had to water was through their neighbours' houses or from the parish.". 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. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. 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. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. Her husband continued to abuse her physically, emotionally, and sexually, producing 5 children even at the age of being minor, and abandoned the whole family leaving behind Lucio and her kids. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. False confessions are more common than you might think. ? she exclaimed through tears. 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. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. She was convicted 14 years ago of murdering her 2-year-old . In a phone call on Monday, Johnny Galvan, one of several jurors who supported Lucios clemency petition, expressed relief upon hearing that the court had stayed Lucios execution. Lucio has always maintained her innocence. Melissa Elizabeth Lucio is an American woman sentenced to death in Texas on August 12, 2008 for the death of her 2-year-old daughter on February 17, 2007. . "No, I'm not." It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. How many children does Melissa Lucio have? In 2020, a documentary about the case history of Melissa Lucio was directed by Sabrina Van Tassel titled The State of Texas vs. Melissa. 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. "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.". 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. At this time, it remains unclear if Lucio's execution will be overturned. 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. Neither woman had been eating very much. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. 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 first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. 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"We ask you not to tear those wounds open again. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Melissa Lucio with her children. Greg Abbott could grant her clemency. The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. 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. 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. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. . If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. 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. 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. There is a motion pending in the trial court to disqualify him from further participation in this case, Schardl said. Lucio, a . To inquire about a licence to reproduce material, visit our Syndication site. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. "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. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. 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. Error compounded error, the lawyers wrote in their petition to the Court of Criminal Appeals. 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. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. hide caption. At the time of the abuse, she was merely 6 years old and could not do anything, but the conditions remained the same for at least two years. "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. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. For 14 years, Lucio had been on . In an undated photo, Melissa Lucio is pictured with one of her young children. 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. FilmRise. The daughter, who was a toddler at that time, had to go through a physical disability and was unstable while walking. he asked. "When all of this happened, our family split up," he said. This makes my day, he said. She says she was coerced to confess by a Texas Ranger during her interrogation. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. The 53-year-old is in the news because she is facing execution. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. Photo: Christian K. Lee/Chronicle. 'That's my mother. Selina, the fifth of Lucio's 14 children, initially came forward on TikTok back in 2021 after the release of "The State Of Texas vs. Melissa," a documentary on Hulu that covers the case and . In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. appreciated. ", Another of Lucio's children, Bobby Alvarez, carries the words of his mom tattooed on his chest: "I'll always be with you, and here I'll always stay." Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. . The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. At this time, it . At the time, the family lived in a small two-bedroom, second-floor flat. Please give us a chance for peace. After her conviction for Mariahs murder, Melissas children were taken from her care. Im hoping its not the same evidence Mr. Villalobos had. By Maurice Chammah. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. On 27 April, Melissa Lucio was supposed to die. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. 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. Consider what the world of media would look like without The Intercept. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. "Right now, what I have is my family," Alvarez said. View our online Press Pack. 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. What does that mean?. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. 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. 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. "I am not here to shout," he said. Texas state Rep. Jeff Leach via AP But lawyers and others of Melissa's supporters say she was made to make statements under duress. 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. 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. On the other hand, Lucio said she was pressured into giving false information about the allegations. In 2008, she was found guilty of murdering her 2-year-old daughter. And so she has to confront that reality, too, that the execution could go forward.". 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. According to the Innocence Project, it was an abusive marriage. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . Two days later, her father called police when Mariah suddenly stopped breathing. She says that after Mariah's family discovered the child had stopped breathing, they frantically called for help and the responding police rushed to judgment in concluding that Mariah's death had been a murder, due to profound bruising on her body. Who is Melissa Lucio? Opinion is divided on her guilt, though - many of her living children have backed up her claim of innocence, and five of the jurors who convicted her have since expressed misgivings over the verdict. In shock and grieving the loss of her baby the youngest of her 12 children at the time Ms. Lucio was taken into police custody and immediately blamed for her daughter's death. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. Please give us the chance for closure. She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. Published May 2, 2022 10:56 a.m. PDT. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. 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. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 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. 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. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". Lucio, 52, had been set to be executed by lethal injection Wednesday for the death of her 2-year-old daughter Mariah in Harlingen, a city . 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. Her life was worth nothing to them. Lucio has always maintained her innocence. On April 15, Ms Lucios lawyer filed a habeas petition, appealing to her client to seek a stay of her execution, arguing that she deserves a new trial because she is innocent and wrongly arrested or misunderstood become. 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