Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . It simply has not been the same in the past 15 years," he said. 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 . I think she should be allowed to live as long as she does not have the possibility of parole. 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. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. VideoRecord numbers of guide dog volunteers after BBC story. he asked. 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. Melissa Lucio, who maintained her innocence for nearly 14 years, was immediately taken under interrogation and was asserted nearly 100 times until she was manipulated by the police officers to take the responsibility for Mariahs injury. In this undated photograph, Melissa Lucio holds one of her sons, John. "Evidence that could have been exculpatory?" 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. "You start peeling back the layers and you see that it is a case about corrupt prosecutors, it's a case about unfairness," Ms Babcock said. 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. "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. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. But the trial judge ruled that testimony "irrelevant," according to court documents. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Melissa's execution date is set for April 27, 2022. That's what Lucio told first responders and the police. The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. 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. 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.". At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. One of her other daughters, Adriana, stands at left. 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. 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. 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. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. 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. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Melissa Elizabeth Lucio is an American woman sentenced to death in Texas on August 12, 2008 for the death of her 2-year-old daughter on February 17, 2007. . Researchers say the risk of a false confession applies not only to traumatized kids, but . Copyright 2023 CBS Interactive Inc. All rights reserved. hide caption. On the other hand, Lucio said she was pressured into giving false information about the allegations. "It was an accident," he 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. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . However, she has maintained her innocence ever since. Read about our approach to external linking. . "She is not guilty of the death of my baby sister.". The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. Lawsuits claim it wrecked their teeth. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. Get browser notifications for breaking news, live events, and exclusive reporting. 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. Two days later, Mariah went to take a nap and did not wake up. 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. 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 . According to the Innocence Project, it was an abusive marriage. Melissa Lucio, 53, was sentenced to die by lethal injection for the 2007 death of her daughter, Mariah, which police and prosecutors attributed to a beating at the hands of her mother. On April 15, Ms Lucios lawyer filed a habeas petition, appealing to her client to seek a stay of her execution, arguing that she deserves a new trial because she is innocent and wrongly arrested or misunderstood become. April 28, 2022 5:23 PM EDT. Are you serious!? The state called it an admission of guilt for Mariah's death. "Right now, what I have is my family," Alvarez said. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. Published May 2, 2022 10:56 a.m. PDT. Legal team for Melissa Lucio. 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. hide caption. And certainly, the court system.. CNN Sans & 2016 Cable News Network. Save my name, email, and website in this browser for the next time I comment. The BBC is not responsible for the content of external sites. She hadnt. 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. 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. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. The impact has been felt longest by Melissa's family. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. After her conviction for Mariahs murder, Melissas children were taken from her care. Her family maintains her innocence and has pushed hard to get her off death row. AMY GOODMAN: Melissa Lucio is a mother of 14 children. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. "At the same time, here we are, seven days away from her execution date. April 25, 2022 by John Atsu. The trial court will also be asked to consider the claim that Lucio is innocent of murder. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. "At some point they didn't hear Mariah playing anymore, went to check on her, and she had managed to get out of the screen door and was at the bottom of the staircase," says Potkin, the Innocence Project attorney. 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. After Toon was released from prison, she remained in touch with Lucio. 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. 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. What does that mean?. "Or were you a frustrated mother who just took it out on her for whatever reason?" In 2008, she was found guilty of murdering her 2-year-old daughter. Looking at her pictures, we can identify that she is overweight. It came as it was revealed that Lucio and her children struggled through poverty. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). 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. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. As per the data, Melissa Lucio is only 5 feet 2 inches tall. 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. 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. Potkin said that now is a complicated time emotionally for Lucio. The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. 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. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. 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. It was Lucios son John, calling to say that the court had intervened. The evidence presented in this case shows that, at about 7:00 p.m. on Saturday, February 17, 2007, paramedics were dispatched to an apartment where Melissa Lucio lived with nine of her children and an adult male named Robert Alvarez, who was the father of at least seven of these children and whom Melissa Lucio referred to as her husband. 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. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . Mariah is in my heart today and always. Have you heard the news? "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.". 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. How many children does Melissa Lucio have? 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. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Legal team for Melissa Lucio The daughter, who was still a small child at the time, had to be examined by a doctor for a disability and was unstable when walking. 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. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. "No.". Former Cameron County . This couldve been me, she said. She gave birth to the twins while in jail and was forced to give them up for adoption. He has spent his entire adult life fighting for her release. Two days later, Mariah went to sleep and didnt wake up. She could see herself in Lucios story. 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. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. 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. "Her next partner continued the cycle of violence, punching her in public and beating her at home. The state of Texas had planned to execute an anonymous woman, she said. The Texas Court of Criminal Appeals could also stop the execution. 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. 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. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. They probably never will," her kids said in the letter. She was convicted 14 years ago of murdering her 2-year-old . Lucio has always maintained her innocence. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. Greg Abbott to either grant an execution reprieve or commute her sentence. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. At this time, it remains unclear if Lucio's execution will be overturned. She received abuse throughout her childhood and teenage years. Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. Potkin said Lucio was . She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. 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. She is the mother of 14 children, including Mariah. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. This child had more bruises than Ive ever seen in any case that I had before, she said. 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. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. The second claim says new scientific evidence would prevent Lucios conviction. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. 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. 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. This makes my day, he said. After her conviction for Mariah's murder, Melissa's children were taken from her care. 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. Dozens of politicians from both parties have backed her. 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.. The execution of Melissa Lucio is off. 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. Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. This site uses Akismet to reduce spam. His younger siblings were taken in by cousins, and many did well after leaving school. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. 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. Toon had been the inmate librarian at the Mountain View prison unit where Texass female death row prisoners are housed, and shed gotten to know Lucio over the years. Prosecutors at her . Discovery Company. There is significant evidence of her innocence that no court, no fact finder has ever considered. 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. Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Who is Melissa Lucio? A Warner Bros. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. "The death of our sister Mariah and the prosecution of our parents tore our family apart. 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. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. Now she can prove her innocence. It's a disorder, she says, that in other cases has been "confused for child abuse because it causes extensive bleeding and bruising throughout the body. The kind of reporting we do is essential to democracy, but it is not easy, cheap, or profitable. She married at age 16. asked Luciano. Campaigners took up Melissa's cause as one of a miscarriage of justice. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. The medical examiner concluded Mariah died from a blow to her head. 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. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. And so she has to confront that reality, too, that the execution could go forward.". 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. Her life was worth nothing to them. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. Lucio, a . ", "Everything," he replied. By Maurice Chammah. 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. ", 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." "The older ones, we were more or less of age, we were the losers," he said woefully. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. "I hit her like this," she demonstrated by spanking a doll, sealing her fate. 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. That is wonderful. Well, it means youre going to wake up on Thursday morning, Leach replied. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. Lucio and her attorneys have not had success in reversing the initial verdict. Your effort and contribution in providing this feedback is much I know she's innocent.' She is the mother of 14 children, including Mariah. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. But today, multiple expert pathologists agree Mariah could have suffered a head injury from a fall, leading to a disorder that causes extreme bruising. Error compounded error, the lawyers wrote in their petition to the Court of Criminal Appeals. 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. 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. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. 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. 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. At the time of his mother's arrest, John was 17 years old. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. 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. Read about our approach to external linking. "Ever since this accident took place, there has been a great division amongst us. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. 'S family continued to interrogate her for whatever reason? to death suspended and substituted by a court of Appeals! Melissa Lucios personal life remained in touch with Lucio days away from care... 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