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Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. 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. asked Luciano. Save my name, email, and website in this browser for the next time I comment. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. But lawyers and others of Melissa's supporters say she was made to make statements under duress. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. Legal team for Melissa Lucio. The medical examiner concluded Mariah died from a blow to her head. She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. 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. Police blamed Lucio for . Lucio's thoughts are with her children, Potkin said, as she talks to friends about the roles they could play in the life of her kids if she is not alive after next week. But at least four of those jurors now agree Lucio should get a new trial, given the new evidence and testimony they didn't see. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. 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 . 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. Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. Learn how your comment data is processed. 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. Aside from Texas legislators and the celebrity Kim Kardashian, Lucios arguments were also enough to convince at least five of her jurors to come forward publicly to call for her execution to be stopped and for a new trial based on evidence they never heard. In 2019 the 5th U.S. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. "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. 2023 BBC. Lucio, the only Latina on death row, was . Are you serious! Published 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. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. Valley Morning Star via AP. Greg Abbott to either grant an execution reprieve or commute her sentence. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. The case hinges on an interrogation of Lucio conducted two hours after Mariah died, during which officers tried to get Lucio to confess to hurting her daughter. Lucio later had nine more children with her next husband, who was also found to be abusive towards her. 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. 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. ", "Everything," he replied. Lucio has always maintained her innocence. Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . There is significant evidence of her innocence that no court, no fact finder has ever considered. Melissa Lucio, 53, is scheduled to be executed on April 27. "That is what I cherish the most. The appeals court remanded, or sent back, several claims Lucio raised in an application for a writ of habeas corpus which demands a public official show a valid reason for a persons detention and ordered the trial court to conduct a merits review.. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. 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. The 53-year-old is in the news because she is facing execution. But in 2021, the full court upheld her conviction for procedural reasons a technicality. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. "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. 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. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. It was like, "Ugh, let her rot in Hell." 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". Keith knew all too well what Lucios loved ones had just been through: His own brother, Kevin Keith, came less than two weeks from execution in Ohio despite doubts over his guilt. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. Melissa Lucio and her 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. 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. "Her next partner continued the cycle of violence, punching her in public and beating her at home. In 2007, Lucio's family was living in a second-floor apartment in Harlingen, in Texas' Rio Grande Valley, and the family was preparing and packing to move to a new home. Lucioss life was not as simple and smooth as other childrens. It was Lucios son John, calling to say that the court had intervened. 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. Lucio has always maintained her innocence. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. April 25, 2022 by John Atsu. 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 holds her daughter Mariah in this undated photograph. This couldve been me, she said. 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. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. "She is not guilty of the death of my baby sister.". Discovery Company. Speaking at the press conference, Keith responded to Saenzs statement. 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. 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. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. The execution of Melissa Lucio is off. 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. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. hide caption. The detective handed Melissa Lucio a plastic doll and asked her to spank it. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. And she did, saying she spanked the child, but never admitting to the use of deadly force. The woman, Melissa Lucio, a mother of 14, was found guilty back in . At this time, it remains unclear if Lucio's execution will be overturned. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. "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. 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. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. She tried to explain to no avail that Mariah had fallen down the stairs a few days earlier; the possibility that the childs death was not murder but the result of a tragic accident was never investigated. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. Melissa deserves to remain and die in prison. At the time, the family lived in a small two-bedroom, second-floor flat. Tivon Schardl, supervisory assistant federal public defender in the Capital Habeas Unit in Austin, and part of Lucio's current defense team, said the jurors were not given the full picture: "There's been just a concerted effort to keep this evidence from being considered.". The Board then announced it would not vote at that time. 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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.". If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. She was convicted 14 years ago of murdering her 2-year-old . My mom got a stay., After sobs and hugs in the lobby, the family raced to see Lucio. Greg Abbott could grant her clemency. In fact, the court had twice ruled against Lucios appeals. But that's not why the American citizen of Mexican origin has made the headlines. According to Lucio, she was once sexually abused by her mothers boyfriend. Well, it means youre going to wake up on Thursday morning, Leach replied. Her attorneys are calling for a stay of her execution so her case may be reviewed. Her life was worth nothing to them. 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. Published May 2, 2022 10:56 a.m. PDT. "Over 100 times, she asserted her innocence," said Potkin. "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. According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. 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. The lawyers asked the court to block the execution and send the case back to the lower court for further scrutiny and ultimately, a new trial. She is scheduled to be put to death on April 27. "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.". For a time, the only access they had to water was through their neighbours' houses or from the parish.". Melissa Lucio has fourteen kids as of 2021. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". For other inquiries, Contact Us. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . On the other hand, Lucio said she was pressured into giving false information about the allegations. She is the mother of 14 children, including Mariah. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. 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. 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. 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. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. She prodded Luna, then her roommate, to watch the movie. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. CNN Sans & 2016 Cable News Network. 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. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. It came as it was revealed that Lucio and her children struggled through poverty. According to Lucio, she was once sexually abused by her mothers boyfriend. "It was an accident," he said. And certainly, the court system.. Who is Melissa Lucio? 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. What's he waiting for? She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. 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. 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 Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. 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. It was potentially one of the last times he would see her alive. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. More than a quarter of people exonerated by the Innocence Project in recent decades had confessed to the crime they allegedly committed, as Science reported. 02:43 - Source: CNN. Read about our approach to external linking. The lawyers also argue that Farley deployed junk science, including testimony about an alleged bite mark on Mariahs back, to bolster her insistence that Mariah had been abused. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. 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. CNN has reached out to prosecutors for comment. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. At the crash site of 'no hope' - BBC reporter in Greece. Melissa Lucio has given birth to 14 children. 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. "I am not here to shout," he said. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. Or sleeping well. CNN . I think she should be allowed to live as long as she does not have the possibility of parole. Courtesy of the Lucio family. At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. But Lucio had no history of child abuse. During an emotional press conference he stated, "I don't want my mom to be executed. This is terrifying it should be terrifying for everybody.. . She was set to be executed on April 27, 2022, but was granted a stay of execution two days prior by the Texas Court of Criminal Appeals. 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. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. "It looks from the outside like somebody has gotten, say, punched," said Schardl. 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 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. 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. 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. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. What does that mean?. 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. After her conviction for Mariah's murder, Melissa's children were taken from her care. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). But jurors didn't hear testimony from any of Lucio's kids. To see all content on The Sun, please use the Site Map. And today shesno longer anonymous. By the time she gave birth to her twelfth child, Melissa had experienced homelessness, drug addiction, and severe mental illness," according to an amicus brief filed by former prosecutors, anti-violence organizations and others on Lucio's behalf. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. She could see herself in Lucios story. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. They probably never will," her kids said in the letter. 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. 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