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Jeff Leach via AP He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. Two days later, Mariah went to sleep and didnt wake up. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. "Over 100 times, she asserted her innocence," said Potkin. 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. This dental device was sold to fix patients' jaws. Melissa Lucio was repeatedly raped as a child, became a child bride at 16 and had 14 children to two abusive partners (The State of Texas vs. Melissa/ Hulu/ Sabrina Van Tassel) Share. 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. 2. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". According to prosecutors, the injuries inflicted on Mariah were the result of physical abuse, while Lucios lawyer says the daughter was injured because she fell down the stairs two days before her death. After Toon was released from prison, she remained in touch with Lucio. Published "Right now, what I have is my family," Alvarez said. I even told her myself that I consider her my best friend. But lawyers and others of Melissa's supporters say she was made to make statements under duress. 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. Over the last month, Leach, a self-professed supporter of capital punishment, became increasingly vocal about his concerns, vowing to do everything I can in every way possible to prevent Lucios execution. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. Moments later, he interrupted the interview. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. To prevent Lucio from being executed, Texas Gov. 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. For other inquiries, Contact Us. And if he didnt have none 15 years ago, you dont have any today.. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. The second claim says new scientific evidence would prevent Lucios conviction. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). To inquire about a licence to reproduce material, visit our Syndication site. "The death of our sister Mariah and the prosecution of our parents tore our family apart. And so she has to confront that reality, too, that the execution could go forward.". By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. 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. The documentary focuses on the case of Melissa Lucio, a woman convicted for the 2007 death of her two-year-old daughter Mariah. 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. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. 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. 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. Gilman questioned why the CPS was trying to permanently revoke Lucio's . She was convicted of capital murder following the death of her two-year-old daughter, Mariah, who was discovered to have scattered bruising in various stages . Lucio has always maintained her innocence. Potkin said Lucio was . "That is what I cherish the most. 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. On 15th April Ms. Lucios attorney filed a habeas petition appealing for her client to seek a stay of her execution and argued that she deserves a new trial because she is innocent and is falsely taken or misunderstood. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry 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. 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. While she technically remains on death row, her case is due to be reviewed again. Greg Abbott to spare their mom's life. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. 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 . In 2008, she was found guilty of murdering her 2-year-old daughter. She prodded Luna, then her roommate, to watch the movie. Please give us a chance for peace. 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. Melissa deserves to remain and die in prison. Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. On 27 April, Melissa Lucio was supposed to die. Research says Mariah was physically abused, and people like Ms. Lucio often agree to conditions they never condemned while under tremendous pressure from the majority of people. 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. At this time, it . Im hoping its not the same evidence Mr. Villalobos had. Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. It came as it was revealed that Lucio and her children struggled through poverty. 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. In fact, the court had twice ruled against Lucios appeals. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. She is the mother of 14 children, including Mariah. "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. Lawsuits claim it wrecked their teeth. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. The execution of Melissa Lucio is off. "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.". 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. 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.". At least for now. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. "Evidence that could have been exculpatory?" In 2008, Lucio was convicted and sentenced to die. She received abuse throughout her childhood and teenage years. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. I think she should be allowed to live as long as she does not have the possibility of parole. Lucio, the only Latina on death row, was . Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . 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. But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. As per the data, Melissa Lucio is only 5 feet 2 inches tall. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Covid origin likely China lab incident - FBI chief, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip, Ukraine war casts shadow over India's G20 ambitions, Record numbers of guide dog volunteers after BBC story. Melissa Lucio holds her daughter Mariah in this undated photograph. 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. Now she can prove her innocence. View our online Press Pack. On the other hand, Lucio said she was pressured into giving false information about the allegations. 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. One of her other daughters, Adriana, stands at left. During the five-hour-long interrogation, officers berated and . 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. She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. 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. After her conviction for Mariahs murder, Melissas children were taken from her care. Five of the trial's 12 jurors have called for her clemency. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. Born July 18, 1968, Lucio, 53, is known as a convicted killer. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. As of 2021, Melissa has been on death row for 13 years. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. They implored him to step up and withdraw it. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. AMY GOODMAN: Melissa Lucio is a mother of 14 children. "Ever since this accident took place, there has been a great division amongst us. 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.". Are you serious!? Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. In an undated photo, Melissa Lucio is pictured with one of her young children. 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. CNN . 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. Get browser notifications for breaking news, live events, and exclusive reporting. "At the same time, here we are, seven days away from her execution date. 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. Last October, the Supreme Court declined to hear the case. That is our criminal jurisprudence system and it is working., The notion that Saenz would be eager to retry Lucio rather than drop the charges offended Death Penalty Action activist Charles Keith, who spent the past several months traveling to the Cameron County courthouse in Brownsville. And today shesno longer anonymous. 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. Texas woman on death row receives bipartisan support for clemency from state officials. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. Legal team for Melissa Lucio "It was an accident," he said. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. Melissa Lucio has given birth to 14 children. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. It was fitting that Leach would deliver the news. 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. 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. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. Legal team for Melissa Lucio April 28 2022, 3:00 a.m. Melissa Lucio's loved ones react to her stay of execution during a press conference in Gatesville, Texas, on April 25, 2022. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Prosecutors at her . 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. 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. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. And that's what we're hoping for.". 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. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. The Texas Court of Criminal Appeals could also stop the execution. Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. Error compounded error, the lawyers wrote in their petition to the Court of Criminal Appeals. 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. April 28, 2022 5:23 PM EDT. According to Lucio, she was once sexually abused by her mothers boyfriend. Her family and friends are protesting her punishment and claim she . Lucio has always maintained her innocence. In a phone call on Monday, Johnny Galvan, one of several jurors who supported Lucios clemency petition, expressed relief upon hearing that the court had stayed Lucios execution. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. If youre gonna bring it, bring it right. Greg Abbott to spare their mom's life. 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. But in 2021, the full court upheld her conviction for procedural reasons a technicality. Melissa Lucio Early Life. 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. Courtesy of the Lucio family. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. 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.". Her family maintains her innocence and has pushed hard to get her off death row. Photo: Christian K. Lee/Chronicle. Child Protective Services was present in the family's life, but there was never an accusation of abuse by any of her children, lawyer Vanessa Potkin said. She says that after Mariah's family discovered the child had stopped breathing, they frantically called for help and the responding police rushed to judgment in concluding that Mariah's death had been a murder, due to profound bruising on her body. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. Please give us the chance for closure. Leach and a handful of colleagues traveled to visit Lucio in prison. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. She married at age 16. From the moment he walked into the interview room, Escalon testified, he knew that Lucio had done something. The notion that a person can determine anothers guilt or deception through their body language has been roundly discredited. In issuing a stay of execution on Monday, the Texas Court of Criminal Appeals said Melissa's case deserved further scrutiny given mistakes made during the original prosecution, as well as new information that has emerged over the past decade and a half while she has been in jail. CNN has reached out to prosecutors for comment. 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. 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