Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. John and his wife, Michelle, were filming an interview with Univision in their hotel lobby when John stepped away to take a phone call from Assistant Federal Public Defender Tivon Schardl. Lucio has always maintained her innocence. Prosecutors at her . Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. After the death of her two-year-old daughter, Mariah, the court charged her with capital murder. 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. After her conviction for Mariahs murder, Melissas children were taken from her care. But lawyers and others of Melissa's supporters say she was made to make statements under duress. 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. She is scheduled to be put to death on April 27. Prosecutors said she confessed after this police interrogation, and on the testimony of one of the agents who said he was "convinced" she was guilty, and on the injuries that Mariah's body had shown at the time of her death. John Oliver, the comedian, featured the case in a segment on wrongful convictions on his HBO news programme last month, and Kim Kardashian earlier this month tweeted a letter to the Texas governor signed by nine of Melissa's children pleading for her life to be spared. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. April 28, 2022 5:23 PM EDT. 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. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. 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. Hawara: 'What happened was horrific and barbaric'. My mom got a stay., After sobs and hugs in the lobby, the family raced to see Lucio. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. According to court documents submitted by Lucio's attorneys, she was sexually abused by her mother's boyfriend starting at the age of 6 abuse that lasted for two years. She could see herself in Lucios story. by Jolie McCullough March 24, 2022 3 PM Central. Valley Morning Star via AP. 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. Dozens of politicians from both parties have backed her. 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. She was convicted 14 years ago of murdering her 2-year-old . Leach and a handful of colleagues traveled to visit Lucio in prison. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. 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. Melissa Lucio has fourteen kids as of 2021. 02:43 - Source: CNN. "It's very common to be mistaken for abuse if you don't look for the signs.". 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. For other inquiries, Contact Us. She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. "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. Melissa Lucio with her children. But the older children had it harder. "I'll make a decision once it comes to me," Abbott told KRGV, an ABC News affiliate in the Rio Grande Valley. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. . But the trial judge ruled that testimony "irrelevant," according to court documents. After years of unsuccessful appeals, Melissa Lucio, a Rio Grande Valley woman convicted of killing her 2-year-old daughter, has learned the date of her execution April 27. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. After her conviction for Mariah's murder, Melissa's children were taken from her care. 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. AP Photograph: The Guardian. The 53-year-old is in the news because she is facing execution. The Intercept is an independent nonprofit news outlet. Legal team for Melissa Lucio 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. 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. What's he waiting for? Born July 18, 1968, Lucio, 53, is known as a convicted killer. 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. Mariahs lifeless body arrived at a hospital in Harlingen, Texas, covered in bruises, which authorities immediately assumed were evidence of abuse. . The state says Lucio beat her daughter to death. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. 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. In 2007, paramedics arrived at a tiny apartment that Melissa Lucio shared with her live-in . As of 2021, Melissa has been on death row for 13 years. Published May 2, 2022 10:56 a.m. PDT. At the age of 16 she became a child bride but once again had to face an abusive marriage. Who Are Melissa Lucio Kids? "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. 2023 BBC. The kind of reporting we do is essential to democracy, but it is not easy, cheap, or profitable. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. Lucio, the only Latina on death row, was . Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. Former Cameron County . 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 . Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. "No, I'm not." Child Protection Services records show Lucio was neglectful, but not violent against any of her children. 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. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. "You know, it's my mom. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. At this time, it . 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. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. 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.". "Evidence that could have been exculpatory?" hide caption. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. 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. She was abused throughout her childhood and adolescence. 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. 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. "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.". Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. 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. Have you heard the news? Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. 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.". 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. At least for now. At times, they were homeless and relied on food banks for meals, according to the petition. What evidence would you have? John has organised sitdowns seeking the release of his mother and said he will continue fighting. He said she fell down a flight of stairs, and died two days later. Still trying to come to terms with the reality of her child 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. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. "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.". He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. She gave birth to the twins while in jail and was forced to give them up for adoption. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. ", 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. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. "It looks from the outside like somebody has gotten, say, punched," said Schardl. Later, after having lots of letters, penalties, executions, and statements of defense from the side of Lucios attorney, Lucio was still put in the questioning for the murder of her youngest child at that time out of a total of 12 children born to her due to two marriages. 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. "The death of our sister Mariah and the prosecution of our parents tore our family apart. 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. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. To inquire about a licence to reproduce material, visit our Syndication site. ? she exclaimed through tears. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. 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. "Do it real hard," he said. And if he didnt have none 15 years ago, you dont have any today.. She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. Share. 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. Cameron County District Attorney Luis Saenz who was not the DA at the time of Lucio's trial told Texas lawmakers last week that he would move to delay Lucio's execution if the Board of Pardons and Paroles rejects calls for clemency and the courts don't intervene. This child had more bruises than Ive ever seen in any case that I had before, she said. This dental device was sold to fix patients' jaws. For 14 years, Lucio had been on . The state called it an admission of guilt for Mariah's death. The 53-year-old was convicted in 2008 for the murder of her 2-year- old daughter, and would be the first Latina killed by the state if her execution goes as planned. On April 25, 2022, the Texas court granted a stay of execution and directed the Cameron County 138th Circuit Court to review Lucios case with new evidence of her innocence regarding the death of her daughter Mariah. 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. She is the mother of 14 children, including Mariah. A Texas mother convicted of murdering her 2-year-old child has been granted a stay of execution just two days before she was scheduled to die. Lucio was married at the age of 16 and she produced five children with her husband, who used to abuse Lucio all the time while being in the relationship. 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. But she has always maintained her innocence, saying that the toddler had died from an accidental fall, not from "beating and torturing", as prosecutors in Texas claimed. At this time, it remains unclear if Lucio's execution will be overturned. "I am only here to do what can be done for my mother.". It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. Melissa Lucios loved ones react to her stay of execution during a press conference in Gatesville, Texas, on April 25, 2022. on about your day, ask yourself: How likely is it that the story you just read would have been produced by a different news outlet if The Intercept hadnt done it? . The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. I think she should be allowed to live as long as she does not have the possibility of parole. 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. 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. She received abuse throughout her childhood and teenage years. Well, it means youre going to wake up on Thursday morning, Leach replied. By Maurice Chammah. Among the experts her attorneys sought to put on the stand was a psychologist who planned to testify that Lucio's history as a survivor of domestic and sexual abuse helped explain why she told interrogators what they wanted to hear even if it wasn't true. That's what Lucio told first responders and the police. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. 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 . 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. 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. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. Now she can prove her innocence. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. Please give us a chance for peace. 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. The woman, Melissa Lucio, a mother of 14, was found guilty back in . Toon wondered why Lucios story wasnt getting as much attention as the cases of some of the men on Texass death row. It came as it was revealed that Lucio and her children struggled through poverty. 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. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. (AP) We certainly want Melissa to get her hearing as quickly as possible, Schardl said. The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. 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. 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. 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. 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. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. Planned execution of Melissa 's two-year-old daughter was injured dozens of politicians from both have! Described meeting with his mother on death row as he backed her claims that Mariahs death an. During one of those moves - on 15 February 2007 - that Melissa 's statements to the,. 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