In this April 6, 2022 photo provided by Texas state Rep. Jeff Leach, Rep. Leach stands next to death row inmate Melissa Lucio during a visit by a group of seven lawmakers to the Mountain View Unit in Gatesville, Texas. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. "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. 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. 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. Toon wondered why Lucios story wasnt getting as much attention as the cases of some of the men on Texass death row. Courtesy of the Lucio family. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. hide caption. However, she has maintained her innocence ever since. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. Hawara: 'What happened was horrific and barbaric'. Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. Upon learning that her execution had been stayed, Melissa said in a statement: "I am grateful the Court has given me the chance to live and prove my innocence. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. Now she can prove her innocence. He was accompanied by family members as well as Sabrina Van Tassel, the director of The State of Texas v. Melissa, who had traveled from Paris to witness Lucios execution. ", First published on April 11, 2022 / 11:29 AM. 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. Two days later, Mariah went to sleep and didnt wake up. 2022 CBS Interactive Inc. All Rights Reserved. She is the mother of 14 children, including Mariah. "It's very common to be mistaken for abuse if you don't look for the signs.". Share. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. That's what Lucio told first responders and the police. Prosecutors say Lucio fatally beat Mariah but Lucio has long denied that, saying her daughter died from injuries sustained during a fall down a flight of stairs. Consider what the world of media would look like without The Intercept. . Although interviews with Lucio's children, her mother, and her sisters give the clear sense that Melissa's family wants her home, it never really feels like the family members get comfortable . 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.. Lucio has always maintained her innocence. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. Her second partner continued to rape her and threatened her with death. Lucio's thoughts are with her children . He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. 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. 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. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Lucio's current lawyers say new evidence shows that Mariah's injuries, including the blow to the head, were caused by a fall down a steep staircase, as Melissa and some of her children have . 'That's my mother. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. To prevent Lucio from being executed, Texas Gov. "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. 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. Greg Abbott to spare their mom's life. We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". 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. 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. And if he didnt have none 15 years ago, you dont have any today.. 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. Her second life partner continued to rape her and threatened her with death. This child had more bruises than Ive ever seen in any case that I had before, she said. I think she should be allowed to live as long as she does not have the possibility of parole. 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. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. 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. "I'll make a decision once it comes to me," Abbott told KRGV, an ABC News affiliate in the Rio Grande Valley. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Please give us a chance for peace. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. Potkin said that now is a complicated time emotionally for Lucio. To see all content on The Sun, please use the Site Map. Still trying to come to terms with the reality of her child 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. I even told her myself that I consider her my best friend. 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On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. And certainly, the court system.. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. Oh my God. 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. It was potentially one of the last times he would see her alive. Have you heard the news? But as new details have emerged about her case, a growing chorus of lawmakers, faith leaders, anti-domestic violence organizations and celebrities has called for clemency. Moments later, he interrupted the interview. At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. The daughter, who was a toddler at that time, had to go through a physical disability and was unstable while walking. She admitted that she had spanked Mariah on the butt, but denied abusing her. In 2014, Villalobos was sentenced to 13 years in federal prison for racketeering and extortion. appreciated. 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. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 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. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . She says she was coerced to confess by a Texas Ranger during her interrogation. 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. 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.". Lucio, a . At this time, it remains unclear if Lucio's execution will be overturned. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. 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. They probably never will," her kids said in the letter. She is the mother of 14 children, including Mariah. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. 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. "The death of our sister Mariah and the prosecution of our parents tore our family apart. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. 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. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Leach and a handful of colleagues traveled to visit Lucio in prison. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. 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. Melissa Lucio (Provided by the Lucio family) Lucio and her children struggled through poverty. What's he waiting for? As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. FilmRise. Lucio and her attorneys have not had success in reversing the initial verdict. The state of Texas has issued a death warrant seeking to execute Melissa Lucio (pictured), a battered woman who was sentenced to death for what may have been an accidental fall that killed her two-year-old daughter.She is scheduled to be executed April 27, 2022. Please give us the chance for closure. 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. "She is not guilty of the death of my baby sister.". So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. She was convicted 14 years ago of murdering her 2-year-old . It was like, "Ugh, let her rot in Hell." Two days later, her father called police when Mariah suddenly stopped breathing. 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. Lucio later had nine more children with her next husband, who was also found to be abusive towards her. She married at age 16. 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Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. At the age of 16 she became a child bride but once again had to face an abusive marriage. Melissa Lucio has given birth to 14 children. 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. What evidence would you have? 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. 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. Looking at her pictures, we can identify that she is overweight. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. In this undated photograph, Melissa Lucio holds one of her sons, John. Learn how your comment data is processed. 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. 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. My mom got a stay., After sobs and hugs in the lobby, the family raced to see Lucio. Melissa Lucio, 53, is scheduled to be executed 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.". After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. Police blamed Lucio for . Lucios life wasnt as easy and smooth as other childrens. During an emotional press conference he stated, "I don't want my mom to be executed. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Thats all it takes to support the journalism you rely on. Armando Villalobos, the district attorney who brought the charges, is now in jail for bribery unrelated to the Lucio case, but that took place when she was tried. 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. 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. She was convicted 14 years ago of murdering her 2-year-old . They hope to persuade the state's Board of Pardons and Paroles and Gov. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. To inquire about a licence to reproduce material, visit our Syndication site. Villalobos could not be reached for comment. It simply has not been the same in the past 15 years," he said. Potkin said Lucio was . He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. hide caption. 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After finding no other injuries, Melissa said she had continued on with her day. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. 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. It was fitting that Leach would deliver the news. 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.. 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. 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. 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. Neither woman had been eating very much. 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. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. For 14 years, Lucio had been on . She received abuse throughout her childhood and teenage years. Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. The impact has been felt longest by Melissa's family. On the other hand, Lucio said she was pressured into giving false information about the allegations. Five of the trial's 12 jurors have called for her clemency. But many doubt Lucio's guilt and call into question the fairness of her trial. Who is Melissa Lucio? In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. At the age of 16, she turned into a child bride but again had to face abusive marriage. 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. Who Are Melissa Lucio Kids? 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. Discovery Company. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. On 27 April, Melissa Lucio was supposed to die. Texas is scheduled to execute Melissa Lucio next month. By Maurice Chammah. Photograph: The Guardian. 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". According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . As the process unfolds, she will remain on death row, her legal team said. Melissa deserves to remain and die in prison. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. 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. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. 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. 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. In an undated photo, Melissa Lucio is pictured with one of her young children. While she technically remains on death row, her case is due to be reviewed again. 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. But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. "Do it real hard," he said. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. "Evidence that could have been exculpatory?" Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. Valley Morning Star via AP. After the death of her two-year-old daughter, Mariah, the court charged her with capital murder. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. There were two possible avenues of relief for Lucio. But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. They probably never will," her kids said in the letter. This is terrifying it should be terrifying for everybody.. In 2008, Lucio was convicted and sentenced to die. 2023 BBC. Naturally, she has brown hair and almost no eyebrow. This couldve been me, she said. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. "We ask you not to tear those wounds open again. On April 27, the day Lucio was set to die, they held another rally outside the Cameron Country DAs office, this time calling on Saenz to drop the charges. Michelle described the moment they saw Lucio inside the visitation area. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. "Are you a cold-blooded killer?" This makes my day, he said. During the five-hour-long interrogation, officers berated and . At least for now. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. 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. This is a beating. Medical experts who reviewed Lucios case now say that Mariahs injuries were entirely consistent with a fall down the stairs, and that Farley failed to rule out that possibility before jumping to her inflammatory conclusion. She was abused throughout her childhood and adolescence. Her attorneys are calling for a stay of her execution so her case may be reviewed. 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