679215 Registered office: 1 London Bridge Street, London, SE1 9GF. "So first and foremost, the Texas Court of Criminal Appeals could issue a stay so that the evidence of Melissa Lucio's innocence can be fully litigated in the court. Abbott's office did not respond to a request for comment, but in March the governor said he was awaiting a decision by the Texas Board of Pardons and Paroles. She was abused throughout her childhood and adolescence. Now 32, John struggled with his own brushes with the law, but has tried to put his life back together again: he returned to school, he began running marathons and triathlons. April 11, 2022 / 11:29 AM Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. Melissa Lucio has given birth to 14 children. Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. The state says Lucio beat her daughter to death. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. 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. / CBS News. 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. The wounds never fully healed. Greg Abbott to spare their mom's life. 2023 BBC. On 27 April, Melissa Lucio was supposed to die. "Melissa didn't observe the fall herself. "They refused to listen to her, sending the clear message that this interrogation wasn't going to stop until she told the officers what they wanted to hear.". 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. The Texas Court of Criminal Appeals could also stop the execution. 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. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. "We ask you not to tear those wounds open again. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. Babe, he said to Michelle, his voice filled with emotion. This couldve been me, she said. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Published May 2, 2022 10:56 a.m. PDT. 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. Lucio and her attorneys have not had success in reversing the initial verdict. What evidence would you have? 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. 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. The idea that the office mightve engaged in legal trickery to invigorate their case against Lucio is hardly surprising; then-District Attorney Armando Villalobos was trying to rehabilitate his reelection campaign amid allegations of corruption, and he was up against a challenger who had taken him to task for failing to prosecute child abuse cases. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Lucios father died when Lucio was an infant and her family moved to Rio Grande Valley when Lucio was nearly 3 to 4 years old. 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. 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. At this time, it remains unclear if Lucio's execution will be overturned. 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 . Greg Abbott could grant her clemency. She gave birth to the twins while in jail and was forced to give them up for adoption. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. 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 . In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. Melissa Lucio with her children. 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. In 2007, paramedics arrived at a tiny apartment that Melissa Lucio shared with her live-in . Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. 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. 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. After her conviction for Mariahs murder, Melissas children were taken from her care. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. DeSantis won't say he's running. Legal team for Melissa Lucio. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . "If they go through with it, they'll be killing an innocent woman.". Last October, the Supreme Court declined to hear the case. At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. Texas woman on death row receives bipartisan support for clemency from state officials. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. At the age of 16, she turned into a child bride but again had to face abusive marriage. Are you serious! 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. Save my name, email, and website in this browser for the next time I comment. After five hours of questioning, during which Lucio expressed her innocence more than 100 times, she eventually said "I guess I did it" when asked if she was responsible for some of her daughter's injuries. 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. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. 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. Well, it means youre going to wake up on Thursday morning, Leach replied. And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. Please enter valid email address to continue. 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. Her lawyers argue that credible science demonstrates that Mariahs death was caused by an accident and that Lucio was sentenced to death for a crime that never happened. Please give us the chance for closure. The impact has been felt longest by Melissa's family. 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. She could see herself in Lucios story. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. She had fallen asleep on her parents' bed, but never woke up again. 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. Her second partner continued to rape her and threatened her with death. 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. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. 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. So, I really try not to think about the future, because right now I have what I want. 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. 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. Photo: Christian K. Lee/Chronicle. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. I think she should be allowed to live as long as she does not have the possibility of parole. 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. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. CNN Sans & 2016 Cable News Network. ", "Everything," he replied. According to an interrogation with Lucio about the death of their then-youngest child, Mariah fell down a flight of stairs in February 2007 while the family was moving. Lucio learned of the stay from Texas state Rep. Jeff Leach, who along with a bipartisan majority of the state legislature has championed her case, calling for clemency or a new trial. 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. Former Cameron County . He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. But in 2021, the full court upheld her conviction for procedural reasons a technicality. Lucio has always maintained her innocence. Courtesy of the Lucio family. Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. 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. 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.". Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? Lucio's thoughts are with her children . There is a motion pending in the trial court to disqualify him from further participation in this case, Schardl said. But she, her family and attorneys say she is innocent and was wrongfully convicted of capital murder. 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.". Melissa Lucios loved ones react to her stay of execution during a press conference in Gatesville, Texas, on April 25, 2022. on about your day, ask yourself: How likely is it that the story you just read would have been produced by a different news outlet if The Intercept hadnt done it? "You know, it's my mom. 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.". On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. Greg Abbott to spare their mom's life. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. "The death of our sister Mariah and the prosecution of our parents tore our family apart. ? she exclaimed through tears. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. "We ask you not to tear those wounds open again. To inquire about a licence to reproduce material, visit our Syndication site. 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. 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. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. 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. In 2008, she was found guilty of murdering her 2-year-old daughter. CNN . At the time of Mariah's death in 2007, Ms. Lucio lived with Mariah's father, Robert Alvarez, and nine children; the family had just moved into a new apartment. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. "Do it real hard," he said. As Lucio's scheduled execution date draws near, Bobby Alvarez is soaking up every moment he has with his mother, while holding onto that small speck of hope. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. During an emotional press conference he stated, "I don't want my mom to be executed. 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. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. In 2020, a documentary about the case history of Melissa Lucio was directed by Sabrina Van Tassel titled The State of Texas vs. Melissa. Get browser notifications for breaking news, live events, and exclusive reporting. 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. 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. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. 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 . I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". 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. 'That's my mother. Melissa Lucio, 53, is scheduled to be executed on April 27. asked Luciano. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. This is terrifying it should be terrifying for everybody.. 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 . 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 . "No.". "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. 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. 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. Melissa Lucio and her children. Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. 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. April 25, 2022 by John Atsu. 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. 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. Among them is one of her sons, John Lucio. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. 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. Lucio was convicted for the death of her daughter Mariah Alvarez. At the time, the family lived in a small two-bedroom, second-floor flat. Later, after having lots of letters, penalties, executions, and statements of defense from the side of Lucios attorney, Lucio was still put in the questioning for the murder of her youngest child at that time out of a total of 12 children born to her due to two marriages. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. She received abuse throughout her childhood and teenage years. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. And today shesno longer anonymous. 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