At the age of 16, she turned into a child bride but again had to face abusive marriage. 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. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. 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. 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. And she did, saying she spanked the child, but never admitting to the use of deadly force. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. Two days later, her father called police when Mariah suddenly stopped breathing. At this time, it . For further details of our complaints policy and to make a complaint please click this link: thesun.co.uk/editorial-complaints/, Melissa Lucio was pregnant with twins when she was arrested in 2007, was granted a stay of execution two days prior, Independent Press Standards Organisation (IPSO). She is the mother of 14 children, including Mariah. Babe, he said to Michelle, his voice filled with emotion. 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.". Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. In an undated photo, Melissa Lucio is pictured with one of her young children. "Ever since this accident took place, there has been a great division amongst us. 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. ", 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." 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. 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. 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.". Potkin says Lucio had inadequate defense during her trial. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. 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. Share. 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. At the time, the family lived in a small two-bedroom, second-floor flat. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. Police blamed Lucio for . If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. / CBS News. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. Photo: Christian K. Lee/Chronicle. 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. All Rights Reserved. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . Two days later, Mariah went to sleep and didnt wake up. 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. Lucio's thoughts are with her children, Potkin said, as she talks to friends about the roles they could play in the life of her kids if she is not alive after next week. ", First published on April 11, 2022 / 11:29 AM. CNN has reached out to prosecutors 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. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. Valley Morning Star via AP. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. Are you serious! . Melissa Lucio (Provided by the Lucio family) Lucio and her children struggled through poverty. Greg Abbott to spare their mom's life. Well, it means youre going to wake up on Thursday morning, Leach replied. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. Moments later, he interrupted the interview. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. "The older ones, we were more or less of age, we were the losers," he said woefully. The trial court will also be asked to consider the claim that Lucio is innocent of murder. 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. Last October, the Supreme Court declined to hear the case. But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. Saenz's office did not respond to a request for comment on the case. That is wonderful. Ms. Lucio's passive and apparently flat demeanor is best explained by her history of repeated sexual, physical, and emotional abuse since childhood.". hide caption. It was potentially one of the last times he would see her alive. The woman, Melissa Lucio, a mother of 14, was found guilty back in 2008 in the death of her 2-year-old daughter, Mariah. Texas woman on death row receives bipartisan support for clemency from state officials. 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. She had fallen asleep on her parents' bed, but never woke up again. (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. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Instead, just before 1 p.m., Bonowitzs phone rang. The impact has been felt longest by Melissa's family. 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 Lucio was born on July 18, 1968 in Lubbock, Texas. More on The Lone Star Plate www.lonestarplate.showSabrina . Just two days before Melissa Lucio was scheduled to be to be put to death, a Texas court on Monday halted her execution and sent her case back for review. And that's what we're hoping for.". Melissa Lucio holds her daughter Mariah in this undated photograph. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 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. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. 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. VideoRecord numbers of guide dog volunteers after BBC story. Lucio is over 77 kgs or 170 lbs .The native of texas uses drugs very often and has been tested for cocaine earlier in her criminal offence. 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. "They badgered, berated and yelled at her until she finally agreed to their demands and insistence that she was guilty of harming her child," said Ms Babcock, who argues that there was a "rush" to judge her guilty. On 27 April, Melissa Lucio was supposed to die. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . This is terrifying it should be terrifying for everybody.. Speaking at the press conference, Keith responded to Saenzs statement. The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. 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. In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. There were two possible avenues of relief for Lucio. 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. 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. 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. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. What does that mean?. 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Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. 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. Just two days before Melissa Lucio was scheduled to be to be put to death, a Texas court on Monday halted her execution and sent her case back for review. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. At this time, it remains unclear if Lucio's execution will be overturned. 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.". Please give us a chance for peace. We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". 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. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. 2. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. The courts order sends the case back to Cameron County, where the trial court will be tasked with considering evidence on four claims that cut to the heart of the states case against Lucio. But that's not why the American citizen of Mexican origin has made the headlines. Greg Abbott to spare their mom's life. 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. 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. She was convicted 14 years ago of murdering her 2-year-old . What evidence would you have? Her life was worth nothing to them. Among them is one of her sons, John Lucio. 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. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. It was fitting that Leach would deliver the news. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. At least one juror from the trial says the jury wasn't given the full picture and that if he had known more, he would have never voted for the death penalty. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Error compounded error, the lawyers wrote in their petition to the Court of Criminal Appeals. This dental device was sold to fix patients' jaws. Five of the trial's 12 jurors have called for her clemency. 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. 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. John has organised sitdowns seeking the release of his mother and said he will continue fighting. Michelle described the moment they saw Lucio inside the visitation area. During an emotional press conference he stated, "I don't want my mom to be executed. As of 2021, Melissa has been on death row for 13 years. January 25, 2022, 9:34 AM, CST. She was sexually abused by one of her family members (her mothers boyfriend) at the age of 6. 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. Her cause was taken up by everyone from her living children - her eldest son the most vocal among them - to Kim Kardashian, the celebrity turned would-be lawyer. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Melissa Lucio, a Mexican-American who is facing execution in Texas on April 27, 2022, was wrongfully convicted and sentenced to death after her daughter, Mariah, sustained injuries from an accidental fall. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. According to Lucio, she was once sexually abused by her mothers boyfriend. Opinion is divided on her guilt, though - many of her living children have backed up her claim of innocence, and five of the jurors who convicted her have since expressed misgivings over the verdict. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. Melissa Lucio has given birth to 14 children. Its unclear how long the process could take. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. A Warner Bros. My mom got a stay., After sobs and hugs in the lobby, the family raced to see Lucio. "No, I'm not." Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. FilmRise. 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. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. If youre gonna bring it, bring it right. We certainly want Melissa to get her hearing as quickly as possible, Schardl said. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. ", Bobby was seven when Mariah died. 2022 CBS Interactive Inc. All Rights Reserved. Born July 18, 1968, Lucio, 53, is known as a convicted killer. 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. Still trying to come to terms with the reality of her child To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. 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. 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. 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. Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. Lucio's 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. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. The detective handed Melissa Lucio a plastic doll and asked her to spank it. hide caption. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. So, I really try not to think about the future, because right now I have what I want. He has spent his entire adult life fighting for her release. For 14 years, Lucio had been on . To prevent Lucio from being executed, Texas Gov. Please give us a chance for peace. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. 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. Oh my God. 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. At the age of 16 she became a child bride but once again had to face an abusive marriage. Thats all it takes to support the journalism you rely on. "We ask you not to tear those wounds open again. This child had more bruises than Ive ever seen in any case that I had before, she said. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). 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. 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.". Who is Melissa Lucio? 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. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. But jurors didn't hear testimony from any of Lucio's kids. Lucio was kind and gentle; Toon couldnt imagine that she was capable of killing anyone, let alone her own daughter. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. 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. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. "Her next partner continued the cycle of violence, punching her in public and beating her at home. 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. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. She is the mother of 14 children, including Mariah. 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". Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. "I am only here to do what can be done for my mother.". 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). She received abuse throughout her childhood and teenage years. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. 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? And today shesno longer anonymous. 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. Detectives rushed to judgment and, just two hours after Mariah died, took Ms. Lucio in for questioning. But in 2021, the full court upheld her conviction for procedural reasons a technicality. Who is Melissa Lucio? Former Cameron County . If she is killed, she would be the first Hispanic woman to be executed in Texas in the modern era of the death penalty, and the first woman executed in Texas since 2014. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Lucio, a . Campaigners took up Melissa's cause as one of a miscarriage of justice. 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. The daughter, who was a toddler at that time, had to go through a physical disability and was unstable while walking. Lucio's thoughts are with her children . At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. Lawsuits claim it wrecked their teeth. How many children does Melissa Lucio have? 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.. 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. Terrifying it should be terrifying for everybody shows Mariah was not murdered private life a... Of violence, punching her in public and beating her at home defense team, Melissa has been death! Go through a physical disability and was unstable while walking they were homeless and relied on food banks meals! Be suspended and substituted by a court of public opinion. `` victims to cope with pressure! New date ( ) ).getTime ( ) ) Film screened at the age of 6 let alone own. Respond to a clemency petition issued by her lawyers but once again had go... 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