At the time of his mother's arrest, John was 17 years old. Melissa Lucio was found guilty of a very serious crime called "capital murder". Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Born July 18, 1968, Lucio, 53, is known as a convicted killer. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. The execution of Melissa Lucio is off. Potkin said Lucio was . 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. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. But in 2021, the full court upheld her conviction for procedural reasons a technicality. April 28, 2022 5:23 PM EDT. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. he asked. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. The documentary focuses on the case of Melissa Lucio, a woman convicted for the 2007 death of her two-year-old daughter Mariah. In 2020, a documentary about the case history of Melissa Lucio was directed by Sabrina Van Tassel titled The State of Texas vs. Melissa. Among the experts her attorneys sought to put on the stand was a psychologist who planned to testify that Lucio's history as a survivor of domestic and sexual abuse helped explain why she told interrogators what they wanted to hear even if it wasn't true. Melissa Lucio (Provided by the Lucio family) Lucio and her children struggled through poverty. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. 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. 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. 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. Have you heard the news? 'That's my mother. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. After her conviction for Mariahs murder, Melissas children were taken from her care. Greg Abbott to spare their mom's life. "Do it real hard," he said. 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.". Looking at her pictures, we can identify that she is overweight. Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. 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. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. In 2008, Lucio was convicted and sentenced to die. ", 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." She was convicted 14 years ago of murdering her 2-year-old . The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. 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. 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. She married at age 16. 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. AP Discovery Company. DeSantis won't say he's running. It was like, "Ugh, let her rot in Hell." It came as it was revealed that Lucio and her children struggled through poverty. Potkin said that now is a complicated time emotionally for Lucio. Fourteen years after she was sent to Texas' death row, Melissa's Lucio will finally get the chance to have new evidence of her innocence claims . Who would hold party elites accountable to the values they proclaim to have? They probably never will," her kids said in the letter. hide caption. 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. Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. "Melissa didn't observe the fall herself. 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. Who is Melissa Lucio? Naturally, she has brown hair and almost no eyebrow. Dozens of politicians from both parties have backed 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. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. The research says that Mariah was physically abused and people like Ms. Lucio often agree to the conditions which they never convicted while being under huge pressure from the majority of people. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. At the age of 16 she became a child bride but once again had to face an abusive marriage. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. 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. "That is what I cherish the most. "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. 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. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. 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. 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. I think she should be allowed to live as long as she does not have the possibility of parole. She could see herself in Lucios story. 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. Her family and friends are protesting her punishment and claim she . "Their electric service was cut, they moved some 26 times in a five-year period. Update: Melissa Lucio's execution date has been set for April 27, 2022. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. 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. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Please give us a chance for peace. At the age of 16, she turned into a child bride but again had to face abusive marriage. 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 and her attorneys have not had success in reversing the initial verdict. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. 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. "No, I'm not." Learn how your comment data is processed. As the process unfolds, she will remain on death row, her legal team said. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. The wounds never fully healed. "The older ones, we were more or less of age, we were the losers," he said woefully. Were confident that with the new evidence of innocence, if Melissa was retried today that she would be acquitted, Innocence Project attorney Vanessa Potkin told reporters on Monday afternoon. 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 . Gilman questioned why the CPS was trying to permanently revoke Lucio's . 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. Melissa Lucio has fourteen kids as of 2021. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. 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. According to the prosecutor, the injuries that were made to Mariah were the results of physical abuse while Lucios attorney says that the injuries were made to the daughter because she fell down the stairs two days before her death. by Jolie McCullough March 24, 2022 3 PM Central. 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. Melissa Lucio has given birth to 14 children. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. And she did, saying she spanked the child, but never admitting to the use of deadly force. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. 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. 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. AMY GOODMAN: Melissa Lucio is a mother of 14 children. 2. 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. Hawara: 'What happened was horrific and barbaric'. After Toon was released from prison, she remained in touch with Lucio. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. Lucio has always maintained her innocence. Now she can prove her innocence. Melissa Lucio and her children. 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. 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. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Potkin says Lucio had inadequate defense during her trial. But many doubt Lucio's guilt and call into question the fairness of her trial. 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. 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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. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. In an undated photo, Melissa Lucio is pictured with one of her young children. Published May 2, 2022 10:56 a.m. PDT. Video, Record numbers of guide dog volunteers after BBC story, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, China and Belarus call for peace in Ukraine, Bieber cancels remaining Justice world tour dates, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA, Ruling party wins Nigeria's presidential election. 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.". 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. 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. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . "They badgered, berated and yelled at her until she finally agreed to their demands and insistence that she was guilty of harming her child," said Ms Babcock, who argues that there was a "rush" to judge her guilty. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". Ms Lucio was taken in for questioning and was interrogated for almost five hours while she was pregnant and going through the shock of losing her young child, Mariah. John has organised sitdowns seeking the release of his mother and said he will continue fighting. Please give us the chance for closure. 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. Supporters of Melissa Lucio embrace at the Texas Capitol after learning that the Court of Criminal Appeals issued a stay of execution on April 25, 2022. 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. False confessions are more common than you might think. "Over 100 times, she asserted her innocence," said Potkin. 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. 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. For a time, the only access they had to water was through their neighbours' houses or from the parish.". Researchers say the risk of a false confession applies not only to traumatized kids, but . "She is not guilty of the death of my baby sister.". The wounds never fully healed. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. In 2008, she was found guilty of murdering her 2-year-old daughter. At this time, it remains unclear if Lucio's execution will be overturned. Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. 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. 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. It simply has not been the same in the past 15 years," he said. She was convicted 14 years ago of murdering her 2-year-old . Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. "No.". During the five-hour-long interrogation, officers berated and . She prodded Luna, then her roommate, to watch the movie. 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. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. 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 . 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. Similarly, film personalities have produced the story of Melissa Lucio either in documentaries, short films, or movies, but no one could deny the fact that she would be getting a sentence to death. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . Her life was worth nothing to them. hide caption. 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.". . The state of Texas had planned to execute an anonymous woman, she said. 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. 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 . 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.. Daniela is Melissa's eldest daughter. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. Lucios life wasnt as easy and smooth as other childrens. Texas is scheduled to execute Melissa Lucio next month. The BBC is not responsible for the content of external sites. "It looks from the outside like somebody has gotten, say, punched," said Schardl. Melissa Lucio, the South Texas mother of 14 who was days from her execution date, has been granted a stay from the Texas Court of Criminal Appeals. Melissa Lucio Personal Life. However, she has maintained her innocence ever since. 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. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. 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