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. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . 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. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. Mariahs lifeless body arrived at a hospital in Harlingen, Texas, covered in bruises, which authorities immediately assumed were evidence of abuse. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. 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. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Melissa Lucio's son has vowed to "keep fighting until she gets to come home" as the case of the Texas mother-of-14 heads to state court following her last-minute stay of execution.. Bobby . To see all content on The Sun, please use the Site Map. "Her next partner continued the cycle of violence, punching her in public and beating her at home. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. 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. 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. 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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. In front of a large white Free Melissa Lucio banner, Van Tassel looked up toward the courthouse where she had spent so much time working on the film that would bringLucios story to the rest of the world. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. Legal team for Melissa Lucio. 2. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. Error compounded error, the lawyers wrote in their petition to the Court of Criminal Appeals. 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. After her conviction for Mariahs murder, Melissas children were taken from her care. 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. Lucio, the only Latina on death row, was . 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. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. 2023 Cable News Network. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. 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. Get browser notifications for breaking news, live events, and exclusive reporting. Potkin says Lucio had inadequate defense during her trial. "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. Who is Melissa Lucio? They hope to persuade the state's Board of Pardons and Paroles and Gov. 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. 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. Even after none of her children accepted their mothers physical abuse from Lucio, the police and pathologists continued to claim that Mariahs death was not a result of the fall from the stairs. ? she exclaimed through tears. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. She hadnt. In 2014, Villalobos was sentenced to 13 years in federal prison for racketeering and extortion. 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.". There were also allegations of corruption on the part of the prosecution, which did not figure into the case. Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. Melissa Lucio and her children. The impact has been felt longest by Melissa's family. Who is Melissa Lucio? It was like, "Ugh, let her rot in Hell." Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. 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. 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. She is scheduled to be put to death on April 27. At the age of 16 she became a child bride but once again had to face an abusive marriage. 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). During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. "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. He has spent his entire adult life fighting for her release. Share. Potkin said that now is a complicated time emotionally for Lucio. 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. 'That's my mother. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. This makes my day, he said. 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.". When the . Alexandra is also another of Melissa Lucio's elder daughters. 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The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. She was convicted 14 years ago of murdering her 2-year-old . According to an interrogation with Lucio about the death of their then-youngest child, Mariah fell down a flight of stairs in February 2007 while the family was moving. At this time, it remains unclear if Lucio's execution will be overturned. Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. She is the mother of 14 children, including Mariah. After Toon was released from prison, she remained in touch with Lucio. "Oh, it's definitely exculpatory," Schardl replied. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. "I am not here to shout," he said. . 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. 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. Leach, a co-chair of the House Criminal Justice Reform Caucus, worked with Democratic Rep. Joe Moody to muster an unprecedented level of support for Lucio among an ideologically diverse group of more than 80 state representatives more than half of the members of the Texas House, a body that rarely comes to a decisive consensus about anything. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? It was fitting that Leach would deliver the news. Lucio endured more than five hours of interrogation in which she denied killing Mariah, said Vanessa Potkin, director of special litigation at The Innocence Project. To prevent Lucio from being executed, Texas Gov. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. We cant say exactly how long, but we certainly dont want her to spend one day longer in prison than is absolutely necessary.. On April 27, 53-year-old Melissa Elizabeth Lucio is scheduled to be strapped to a gurney in the Texas execution chamber and given a lethal dose of drugs. What evidence would you have? SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. 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. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. During an emotional press conference he stated, "I don't want my mom to be executed. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. 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. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. The news was celebrated by Lucio, her attorneys and her family, including her son Bobby Alvarez, who told reporters he and his siblings were trying to decide what to do for Mothers Day. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . As per the data, Melissa Lucio is only 5 feet 2 inches tall. If the execution is not postponed or stopped, she will receive a lethal injection on April 27, despite the mounting doubts over her guilt. 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. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. Courtesy of the Lucio family. The case hinges on an interrogation of Lucio conducted two hours after Mariah died, during which officers tried to get Lucio to confess to hurting her daughter. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. 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. "Do it real hard," he said. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. "You know, it's my mom. But lawyers and others of Melissa's supporters say she was made to make statements under duress. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. 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. On Monday, the Texas Court of Criminal Appeals issued a stay of execution, indefinitely delaying Lucios execution and ordering her trial court to review several claims of relief her team had highlighted, including her assertion that she is innocent. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. Save my name, email, and website in this browser for the next time I comment. ", First published on April 11, 2022 / 11:29 AM. "No.". She married at age 16. Instead, just before 1 p.m., Bonowitzs phone rang. Published Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Leach said the Melissa Lucio is only 5 feet 2 inches tall yes, the ruling by the appeals,... 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