Hawara: 'What happened was horrific and barbaric'. Potkin says Lucio had inadequate defense during her trial. . Police blamed Lucio for . "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. 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. Researchers say the risk of a false confession applies not only to traumatized kids, but . asked Luciano. April 25, 2022 by John Atsu. She married at age 16. Maggie Luna was beaming from ear to ear, and Jennifer Toon had tears in her eyes. If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Five of the trial's 12 jurors have called for her clemency. 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. Lucio was previously sentenced to death in 2008 and was pregnant with twins at the time of her incarceration, which she had to put up for adoption as she was unable to support the babies feeding in prison. The third claim by Lucios attorneys says that scientific evidence shows Mariah was not murdered. 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. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. The state of Texas had planned to execute an anonymous woman, she said. According to Lucio, she was once sexually abused by her mothers boyfriend. At this time, it remains unclear if Lucio's execution will be overturned. Greg Abbott to spare their mom's life. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. Witness testimony from one of Mariah's siblings about the 2-year-old's fall down an uneven staircase two days before her death never made it before the jury, and expert witnesses were not allowed to testify on reasons why Lucio might have made a false "confession.". When the . Instead, Potkin says, the blood coagulation seen in Mariah's autopsy was the result of an accidental head injury, like a fall down stairs. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. Melissa Lucio Early Life. 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. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. "No.". Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. 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. Daniela is Melissa's eldest daughter. "Evidence that could have been exculpatory?" Last October, the Supreme Court declined to hear the case. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. 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. Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. Legal team for Melissa Lucio "The death of our sister Mariah and the prosecution of our parents tore our family apart. The trial court will also be asked to consider the claim that Lucio is innocent of murder. She is scheduled to die by lethal injection on Wednesday. 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. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? This dental device was sold to fix patients' jaws. At the crash site of 'no hope' - BBC reporter in Greece. In 2007, Ms. Lucio's youngest child, Mariah, accidentally fell down a flight of stairs. Lucio's thoughts are with her children . 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. 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. And she did, saying she spanked the child, but never admitting to the use of deadly force. They probably never will," her kids said in the letter. 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. 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.". Now 32, John struggled with his own brushes with the law, but has tried to put his life back together again: he returned to school, he began running marathons and triathlons. Greg Abbott to spare their mom's life. I even told her myself that I consider her my best friend. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . 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 . Oh my God. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. ", First published on April 11, 2022 / 11:29 AM. At the time of the abuse, she was merely 6 years old and could not do anything, but the conditions remained the same for at least two years. 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. "Over 100 times, she asserted her innocence," said Potkin. "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. Her husband continued to abuse her physically, emotionally and sexually, even giving birth to 5 children at the age of 5 and abandoning the whole family, leaving Lucio and her children behind. he asked. A three-judge panel of the U.S. Court of Appeals for the 5th Circuit reviewed Lucio's case and overturned it, finding that she had been denied the opportunity to present a full defense at her trial and that a new trial was warranted. Melissa Lucio has fourteen kids as of 2021. But many doubt Lucio's guilt and call into question the fairness of her trial. 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. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. She was convicted 14 years ago of murdering her 2-year-old . She admitted that she had spanked Mariah on the butt, but denied abusing her. appreciated. As the process unfolds, she will remain on death row, her legal team said. ", "Everything," he replied. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. VideoRecord numbers of guide dog volunteers after BBC story. 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. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . Well, it means youre going to wake up on Thursday morning, Leach replied. 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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. Please give us a chance for peace. Instead, just before 1 p.m., Bonowitzs phone rang. ", Bobby was seven when Mariah died. Prosecutors at her . 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. "I'll make a decision once it comes to me," Abbott told KRGV, an ABC News affiliate in the Rio Grande Valley. 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. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. Two days later, Mariah went to sleep and didnt wake up. Supporters of Melissa Lucio embrace at the Texas Capitol after learning that the Court of Criminal Appeals issued a stay of execution on April 25, 2022. 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. Now she can prove her innocence. The lawmakers say they are troubled by Lucio's case and believe her execution should be stopped as there are legitimate questions about whether she is guilty. "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. Child Protection Services records show Lucio was neglectful, but not violent against any of her children. Two days later, her father called police when Mariah suddenly stopped breathing. Prosecutors said she confessed after this police interrogation, and on the testimony of one of the agents who said he was "convinced" she was guilty, and on the injuries that Mariah's body had shown at the time of her death. by Jolie McCullough March 24, 2022 3 PM Central. ? she exclaimed through tears. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. 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. ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. They implored him to step up and withdraw it. 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. According to Lucio, she was once sexually abused by her mothers boyfriend. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. 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. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. 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. 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. 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 2019 the 5th U.S. 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. . She was convicted 14 years ago of murdering her 2-year-old . It simply has not been the same in the past 15 years," he said. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. John has organised sitdowns seeking the release of his mother and said he will continue fighting. 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. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. But she, her family and attorneys say she is innocent and was wrongfully convicted of capital murder. 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. 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. 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 . 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. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. Texas woman on death row receives bipartisan support for clemency from state officials. 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. Save my name, email, and website in this browser for the next time I comment. In 2020, a documentary about the case history of Melissa Lucio was directed by Sabrina Van Tassel titled The State of Texas vs. Melissa. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. She is the mother of 14 children, including Mariah. He has spent his entire adult life fighting for her release. 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. Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. At the time of Mariah's death in 2007, Ms. Lucio lived with Mariah's father, Robert Alvarez, and nine children; the family had just moved into a new apartment. 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. 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. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 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. During an emotional press conference he stated, "I don't want my mom to be executed. Even after none of her children of Lucio accepted the physical abuse by their mother, the police and the pathologists continued to claim that Mariahs death was not because of the fall from stairs. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. Greg Abbott could grant her clemency. 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. 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. 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. I think she should be allowed to live as long as she does not have the possibility of parole. 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. Mariah is in my heart today and always. CNN has reached out to prosecutors for comment. 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. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. If youre gonna bring it, bring it right. Looking at her pictures, we can identify that she is overweight. The impact has been felt longest by Melissa's family. 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. 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. "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. 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.". 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). 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. The execution of Melissa Lucio is off. 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 Personal Life. "Are you a cold-blooded killer?" Courtesy of the Lucio family. "If they go through with it, they'll be killing an innocent woman.". Melissa Lucio, 53, is scheduled to be executed on April 27. 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. 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. Lucio has always maintained her innocence. After her conviction for Mariahs murder, Melissas children were taken from her care. Toon wondered why Lucios story wasnt getting as much attention as the cases of some of the men on Texass death row. Lucio has always maintained her innocence. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. It came as it was revealed that Lucio and her children struggled through poverty. This is terrifying it should be terrifying for everybody.. According to the innocence project, Melissa, the mother of 14 children, was a loving and caring mother despite facing physical assault and abuse from her partner and ex-husband. ", 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." 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. Are you serious! Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. Lucio has always maintained her innocence. How many children does Melissa Lucio have? In 2014, Villalobos was sentenced to 13 years in federal prison for racketeering and extortion. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. Abbott's office did not respond to a request for comment, but in March the governor said he was awaiting a decision by the Texas Board of Pardons and Paroles. 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. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. She was abused throughout her childhood and adolescence. At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. Her second, according to Lucio, she said ruling by the Texas Department of Criminal.... 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