But lawyers and others of Melissa's supporters say she was made to make statements under duress. Tim Westwood allegations: DJ accused of sexual misconduct by string of women after flashing & groping victims, Bus driver who murdered partner on double-decker, doused her in acid then dumped body on A3 is jailed for life, Chilling new details in 'murder-suicide' of Brit couple found dead in French home next to haunting note, Dad stabs burglar to death after seeing gang break into home on Ring doorbell, Haunting new details in murder of Debanhi Escobar, 18, who vanished after being spotted walking alone on death road, Inside Elon Musks bizarre life - from fluid relationship with Grimes to dumping worldly goods & living in 50k home, I was engulfed in a fireball and left with a new face - my son was too scared to sit next to me, Our daughter, 27, was killed by her estranged husband but he still has custody of the kids - it's outrageous, was granted a stay of execution two days prior. They probably never will," her kids said in the letter. Photograph: The Guardian. "Melissa didn't observe the fall herself. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. There is significant evidence of her innocence that no court, no fact finder has ever considered. According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". "She is not guilty of the death of my baby sister.". Its unclear how long the process could take. By Maurice Chammah. 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. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. In an undated photo, Melissa Lucio is pictured with one of her young children. The latest bid to spare Melissa Lucio's life comes 14 years after she was sentenced to death in a capital murder case involving the youngest of her dozen children at the time. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. 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. 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. 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.. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. Potkin said that now is a complicated time emotionally for Lucio. She is the mother of 14 children, including Mariah. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. After her conviction for Mariahs murder, Melissas children were taken from her care. According to the reports, she has undergone a continuous and repetitive highly abnormal level of vulnerability. She said that she was all the time sexually abused by her first husband who later left her along with five children and parted away. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. 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. Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Lawsuits claim it wrecked their teeth. 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. "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.". 2022 CBS Interactive Inc. All Rights Reserved. Lucio's lawyers say the evidence shows it was a tragic accident. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? According to the Innocence Project, it was an abusive marriage. 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. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. Courtesy of the Lucio family. She had fallen asleep on her parents' bed, but never woke up again. Now she can prove her innocence. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. hide caption. Lucio and her attorneys have not had success in reversing the initial verdict. "Oh, it's definitely exculpatory," Schardl replied. One of her other daughters, Adriana, stands at left. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. 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. Lucios story resonated with Luna; a mom of three, Luna had struggled with drug addiction, lost her children to the states child welfare system, and gone to prison. I even told her myself that I consider her my best friend. 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! Melissa Lucio holds her daughter Mariah in this undated photograph. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. It came as it was revealed that Lucio and her children struggled through poverty. 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 . 'That's my mother. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. 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 was born on July 18, 1968 in Lubbock, Texas. 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. 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. Meg & Harry 'stunned' by King's 'cruel' Frogmore eviction 'punishment', Harry and Meghan evicted from Frogmore Cottage by King Charles after Spare memoir, Emmerdale's Amy Nuttall caught cheating hubby after sexy lingerie slip-up, Shoppers are rushing to buy 23 beauty staple for just 99p at Home Bargains, News Group Newspapers Limited in England No. Lucio's thoughts are with her children . According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. Born July 18, 1968, Lucio, 53, is known as a convicted killer. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. At the time of Lucio's trial, Villalobos was running for reelection against a challenger who criticized him for not thoroughly investigating or prosecuting charges of child abuse. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. So, I really try not to think about the future, because right now I have what I want. "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. Thats all it takes to support the journalism you rely on. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. The state called it an admission of guilt for Mariah's death. "Ever since this accident took place, there has been a great division amongst us. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. Lucios father died when Lucio was an infant and her family moved to Rio Grande Valley when Lucio was nearly 3 to 4 years old. April 28, 2022 5:23 PM EDT. 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. he asked. 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. Published She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. As of 2021, Melissa has been on death row for 13 years. Lucio, a . If youre gonna bring it, bring it right. "It's very common to be mistaken for abuse if you don't look for the signs.". After her conviction for Mariah's murder, Melissa's children were taken from her care. She is scheduled to die by lethal injection on Wednesday. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). 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. The ruling, however, does delay Lucios execution indefinitely, Potkin said, while Lucio gets her first opportunity to present new evidence of her innocence claim in court. At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. Saenz's office did not respond to a request for comment on the case. This site uses Akismet to reduce spam. 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. "Are you a cold-blooded killer?" Hawara: 'What happened was horrific and barbaric'. 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. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. Melissa Lucio (Provided by the Lucio family) Lucio and her children struggled through poverty. But at least four of those jurors now agree Lucio should get a new trial, given the new evidence and testimony they didn't see. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. 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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. Her attorneys are calling for a stay of her execution so her case may be reviewed. After her conviction for Mariahs murder, Melissas children were taken from her care. . The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. 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. by Jolie McCullough March 24, 2022 3 PM Central. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. Melissa deserves to remain and die in prison. But the trial judge ruled that testimony "irrelevant," according to court documents. She is the mother of 14 children, including Mariah. She married at age 16. The state of Texas has issued a death warrant seeking to execute Melissa Lucio (pictured), a battered woman who was sentenced to death for what may have been an accidental fall that killed her two-year-old daughter.She is scheduled to be executed April 27, 2022. There is a motion pending in the trial court to disqualify him from further participation in this case, Schardl said. Potkin says Lucio had inadequate defense during her trial. She is the mother of 14 children, including Mariah. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. Naturally, she has brown hair and almost no eyebrow. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. So heartbreaking to read this letter from Melissa Lucio's children begging for the state not to . In 2019 the 5th U.S. 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. He was accompanied by family members as well as Sabrina Van Tassel, the director of The State of Texas v. Melissa, who had traveled from Paris to witness Lucios execution. 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. . Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. They implored him to step up and withdraw it. 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. Her life was worth nothing to them. 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. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. 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. 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.". Greg Abbott to spare their mom's life. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. 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. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. State Rep. Jeff Leach, R-Plano, and other members of the Texas House Criminal Justice Reform Caucus ask state officials to halt the execution of . 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. "No.". Error compounded error, the lawyers wrote in their petition to the Court of Criminal Appeals. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. According to Lucio, she was once sexually abused by her mothers boyfriend. 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. 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. Her second life partner continued to rape her and threatened her with death. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. hide caption. At the crash site of 'no hope' - BBC reporter in Greece. But Lucio had no history of child abuse. Melissa Lucio was found guilty of a very serious crime called "capital murder". Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. Mariah is in my heart today and always. Former Cameron County . 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. Melissa Lucio with her children. After the death of her two-year-old daughter, Mariah, the court charged her with capital murder. Ms. Lucio was taken for questioning and was interrogated for nearly five hours, at the time she was pregnant and was going through a shock of the loss of her young child Mariah. 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. 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. 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. Campaigners took up Melissa's cause as one of a miscarriage of justice. "We ask you not to tear those wounds open again. 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. The Intercept is an independent nonprofit news outlet. Texas woman on death row receives bipartisan support for clemency from state officials. She received abuse throughout her childhood and teenage years. Looking at her pictures, we can identify that she is overweight. She says she was coerced to confess by a Texas Ranger during her interrogation. 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. 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. . Villalobos could not be reached for comment. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. Babe, he said to Michelle, his voice filled with emotion. 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. Potkin said Lucio was . In 2008, Lucio was convicted and sentenced to die. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. The woman, Melissa Lucio, a mother of 14, was found guilty back in 2008 in the death of her 2-year-old daughter, Mariah. 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. 2023 Cable News Network. But as new details have emerged about her case, a growing chorus of lawmakers, faith leaders, anti-domestic violence organizations and celebrities has called for clemency. Im hoping its not the same evidence Mr. Villalobos had. Her lawyers argue that credible science demonstrates that Mariahs death was caused by an accident and that Lucio was sentenced to death for a crime that never happened. Please give us a chance for peace. 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