I even told her myself that I consider her my best friend. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? 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. 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. Who would hold party elites accountable to the values they proclaim to have? 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. The kind of reporting we do is essential to democracy, but it is not easy, cheap, or profitable. 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. (AP) ", First published on April 11, 2022 / 11:29 AM. Please give us the chance for closure. She received abuse throughout her childhood and teenage years. Lucio, a . Instead, just before 1 p.m., Bonowitzs phone rang. 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. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. Michelle described the moment they saw Lucio inside the visitation area. In 2019 the 5th U.S. Neither woman had been eating very much. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. That decision will ultimately turn on another motion filed by Lucios lawyers, seeking the recusal of Cameron County District Court Judge Gabriela Garcia, whose court administrator was also part of Lucios legal team. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. Dozens of politicians from both parties have backed 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. Her family maintains her innocence and has pushed hard to get her off death row. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. At the time of his mother's arrest, John was 17 years old. 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. After her conviction for Mariah's murder, Melissa's children were taken from her care. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. 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. "When all of this happened, our family split up," he said. 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. Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. Lucio was convicted for the death of her daughter Mariah Alvarez. Save my name, email, and website in this browser for the next time I comment. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Ms. Lucio's passive and apparently flat demeanor is best explained by her history of repeated sexual, physical, and emotional abuse since childhood.". 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.". 2023 BBC. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. 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. But that's not why the American citizen of Mexican origin has made the headlines. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . In 2007, paramedics arrived at a tiny apartment that Melissa Lucio shared with her live-in . 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. 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. "It was an accident," he said. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. Melissa Lucio has fourteen kids as of 2021. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. ", 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. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. After the death of her two-year-old daughter, Mariah, the court charged her with capital murder. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. 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. Her life was worth nothing to them. There were two possible avenues of relief for Lucio. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. April 25, 2022 by John Atsu. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. "Oh, it's definitely exculpatory," Schardl replied. Mariahs lifeless body arrived at a hospital in Harlingen, Texas, covered in bruises, which authorities immediately assumed were evidence of abuse. AP In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. 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. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. Babe, he said to Michelle, his voice filled with emotion. 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. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. 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 Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. 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. 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. "No, I'm not." Discovery Company. She had fallen asleep on her parents' bed, but never woke up again. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. "She is not guilty of the death of my baby sister.". The woman, Melissa Lucio, a mother of 14, was found guilty back in . Her family and friends are protesting her punishment and claim she . During an emotional press conference he stated, "I don't want my mom to be executed. She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. 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. 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. It was Lucios son John, calling to say that the court had intervened. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. Lawsuits claim it wrecked their teeth. Melissa Elizabeth Lucio (born June 18, 1969) is the first woman of Hispanic descent to be sentenced to death in the U.S. state of Texas.She was convicted of capital murder after the death of her two-year-old daughter, Mariah, who was found to have scattered bruising in various stages of healing, as well as injuries to her head and contusions of the kidneys, lungs and spinal cord. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. 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 prodded Luna, then her roommate, to watch the movie. 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. Lucios life wasnt as easy and smooth as other childrens. In this undated photograph, Melissa Lucio holds one of her sons, John. VideoRecord numbers of guide dog volunteers after BBC story. 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. 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. "Are you a cold-blooded killer?" This child had more bruises than Ive ever seen in any case that I had before, she said. 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. Two days later, Mariah went to take a nap and did not wake up. Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Lucioss life was not as simple and smooth as other childrens. 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. 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. 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. 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. 02:43 - Source: CNN. 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 . Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. 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. More on The Lone Star Plate www.lonestarplate.showSabrina . They implored him to step up and withdraw it. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. 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. Greg Abbott could grant her clemency. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. "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. She is scheduled to be put to death on April 27. 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. 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.". "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.". CNN has reached out to prosecutors for comment. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. hide caption. 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. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. And certainly, the court system.. She could see herself in Lucios story. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. 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. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. 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. 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. That's what Lucio told first responders and the police. "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.". The detective handed Melissa Lucio a plastic doll and asked her to spank it. Looking at her pictures, we can identify that she is overweight. Detectives rushed to judgment and, just two hours after Mariah died, took Ms. Lucio in for questioning. The state says Lucio beat her daughter to death. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. "No.". And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. For 14 years, Lucio had been on . Two days later, her father called police when Mariah suddenly stopped breathing. "The death of our sister Mariah and the prosecution of our parents tore our family apart. Who is Melissa Lucio? He said she fell down a flight of stairs, and died two days later. 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