The father to Lucio's eldest children lived in Houston, Texas and did . Who Are Melissa Lucio Kids? They probably never will," her kids said in the letter. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. DeSantis won't say he's running. "Melissa didn't observe the fall herself. 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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. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. "It was an accident," he said. Ms. Lucio's passive and apparently flat demeanor is best explained by her history of repeated sexual, physical, and emotional abuse since childhood.". 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. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. Researchers say the risk of a false confession applies not only to traumatized kids, but . Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. 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. She should never have the opportunity to abuse another child again. 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. 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. Michelle described the moment they saw Lucio inside the visitation area. Legal team for Melissa Lucio ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. Lucios life wasnt as easy and smooth as other childrens. Instead, just before 1 p.m., Bonowitzs phone rang. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. 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. April 28, 2022 5:23 PM EDT. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. And so she has to confront that reality, too, that the execution could go forward.". There is significant evidence of her innocence that no court, no fact finder has ever considered. The daughter, who was a toddler at that time, had to go through a physical disability and was unstable while walking. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. To see all content on The Sun, please use the Site Map. More on The Lone Star Plate www.lonestarplate.showSabrina . Discovery Company. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? As of 2021, Melissa has been on death row for 13 years. This child had more bruises than Ive ever seen in any case that I had before, she said. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. Melissa deserves to remain and die in prison. 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. She was convicted 14 years ago of murdering her 2-year-old . 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. Her second life partner continued to rape her and threatened her with death. Lucio, the only Latina on death row, was . 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. 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. Melissa Lucio was found guilty of a very serious crime called "capital murder". 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 . By Monday morning, there was a fair amount of speculation spreading among activists about what would happen; word was that the board had already made its decision and would make its announcement by early afternoon. In 2008, Melissa Lucio was sentenced to death in Texas for the murder of her 2-year old daughter Mariah, who died two days after a tragic fall down a flight of stairs. The BBC is not responsible for the content of external sites. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. 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. 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. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. 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. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. "Oh, it's definitely exculpatory," Schardl replied. 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. Babe, he said to Michelle, his voice filled with emotion. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. But Lucio had no history of child abuse. "Over 100 times, she asserted her innocence," said Potkin. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. 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. The state says Lucio beat her daughter to death. A pathologist interviewed by The Intercept says the medical examiner who conducted Mariah's autopsy jumped to conclusions and ignored evidence that Mariah died due to an accident. 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. Her husband continued to abuse her physically, emotionally, and sexually, producing 5 children even at the age of being minor, and abandoned the whole family leaving behind Lucio and her kids. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. At the crash site of 'no hope' - BBC reporter in Greece. Her family and friends are protesting her punishment and claim she . Looking at her pictures, we can identify that she is overweight. Melissa Lucio and her children. 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 . Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. John has organised sitdowns seeking the release of his mother and said he will continue fighting. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. 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. At times, they were homeless and relied on food banks for meals, according to the petition. Lucio's lawyers say the evidence shows it was a tragic accident. Mariah is in my heart today and always.. As per the data, Melissa Lucio is only 5 feet 2 inches tall. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. 2023 BBC. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. 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. 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 . The fact that Lucio was granted a stay at all is also relatively unusual; the Court of Criminal Appeals rarely sticks its neck out to pause the states machinery of death. 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. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. hide caption. 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. And despite Mondays stay of execution, she remains on death row, Vanessa Potkin, director of special litigation at the Innocence Project, said in a news conference Monday. "If they go through with it, they'll be killing an innocent woman.". 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". She was sexually abused by one of her family members (her mothers boyfriend) at the age of 6. In 2008, she was found guilty of murdering her 2-year-old daughter. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. 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. ? she exclaimed through tears. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Greg Abbott could grant her clemency. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. 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. We put our hands up to the glass, and we all began to cry., The press conference was still underway when Saenz, the Cameron County district attorney, released a statement responding to the stay of execution: I welcome the opportunity to prosecute this case in the courtroom, where witnesses testify under oath, where witnesses can be cross-examined, where evidence is governed by the rules of evidence and criminal procedure, and where the court rules pursuant to the rule of law, it read. The second claim says new scientific evidence would prevent Lucios conviction. VideoRecord numbers of guide dog volunteers after BBC story. Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. 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. When the . Neither woman had been eating very much. 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.. 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. 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. 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. Consider what the world of media would look like without The Intercept. Speaking at the press conference, Keith responded to Saenzs statement. "Evidence that could have been exculpatory?" After reviewing her claims and the evidence, the court would then make a recommendation to the Texas Court of Criminal Appeals, which would ultimately decide whether Lucio gets a new trial. As Lucio's scheduled execution date draws near, Bobby Alvarez is soaking up every moment he has with his mother, while holding onto that small speck of hope. It came as it was revealed that Lucio and her children struggled through poverty. Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. 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. In fact, the court had twice ruled against Lucios appeals. "The death of our sister Mariah and the prosecution of our parents tore our family apart. 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. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. 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 . "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's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Copyright 2023 CBS Interactive Inc. All rights reserved. After the death of her two-year-old daughter, Mariah, the court charged her with capital murder. 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. In 2008, Lucio was convicted and sentenced to die. 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. Daniela is Melissa's eldest daughter. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. 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. Published May 2, 2022 10:56 a.m. PDT. 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. 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. 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. 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 . Legal team for Melissa Lucio. At the time of his mother's arrest, John was 17 years old. On 27 April, Melissa Lucio was supposed to die. 2022 CBS Interactive Inc. All Rights Reserved. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. hide caption. And if he didnt have none 15 years ago, you dont have any today.. hide caption. 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. More than a quarter of people exonerated by the Innocence Project in recent decades had confessed to the crime they allegedly committed, as Science reported. The detective handed Melissa Lucio a plastic doll and asked her to spank it. Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. (Texas state Rep. Jeff Leach via AP), halted her execution and sent her case back for, But she, her family and attorneys say she is innocent and was wrongfully convicted. But the trial judge ruled that testimony "irrelevant," according to court documents. Experts on false confessions who reviewed the interrogation tapes say Lucio was especially vulnerable, as a victim of child sexual abuse and later domestic violence, developing defense mechanisms. "You know, it's my mom. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. Lucio and her attorneys have not had success in reversing the initial verdict. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. Lucio, a . According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. 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. And she did, saying she spanked the child, but never admitting to the use of deadly force. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. View our online Press Pack. 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. Valley Morning Star via AP. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. "Or were you a frustrated mother who just took it out on her for whatever reason?" Please give us a chance for peace. The documentary focuses on the case of Melissa Lucio, a woman convicted for the 2007 death of her two-year-old daughter Mariah. What evidence would you have? There were also allegations of corruption on the part of the prosecution, which did not figure into the case. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . Lucio was convicted for the death of her daughter Mariah Alvarez. Melissa Lucio has given birth to 14 children. 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. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. "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.". The state called it an admission of guilt for Mariah's death. To prevent Lucio from being executed, Texas Gov. 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. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. Potkin said Lucio was . As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. The Texas Court of Criminal Appeals could also stop the execution. 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