hide caption. The BBC is not responsible for the content of external sites. His younger siblings were taken in by cousins, and many did well after leaving school. 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. I think she should be allowed to live as long as she does not have the possibility of parole. It came as it was revealed that Lucio and her children struggled through poverty. The execution of Melissa Lucio is off. Have you heard the news? "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. She is scheduled to die by lethal injection on Wednesday. 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. Mariah is in my heart today and always. Campaigners took up Melissa's cause as one of a miscarriage of justice. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. Please give us the chance for closure. Texas is scheduled to execute Melissa Lucio next month. 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. As the process unfolds, she will remain on death row, her legal team said. 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. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. 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. 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. 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. "We ask you not to tear those wounds open again. 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? Lucioss life was not as simple and smooth as other childrens. To prevent Lucio from being executed, Texas Gov. 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. By Maurice Chammah. On April 15, Ms Lucios lawyer filed a habeas petition, appealing to her client to seek a stay of her execution, arguing that she deserves a new trial because she is innocent and wrongly arrested or misunderstood become. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. Hawara: 'What happened was horrific and barbaric'. The evidence presented in this case shows that, at about 7:00 p.m. on Saturday, February 17, 2007, paramedics were dispatched to an apartment where Melissa Lucio lived with nine of her children and an adult male named Robert Alvarez, who was the father of at least seven of these children and whom Melissa Lucio referred to as her husband. 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. Please give us a chance for peace. A Warner Bros. 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. "You know, it's my mom. 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. 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. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. Lucio, the only Latina on death row, was . CNN has reached out to prosecutors for comment. "It's very common to be mistaken for abuse if you don't look for the signs.". It was fitting that Leach would deliver the news. 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. When the . Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. But many doubt Lucio's guilt and call into question the fairness of her trial. 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. 'That's my mother. 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. Melissa Lucio's high-profile fight to overturn her conviction for murdering her daughter has gained the support of politicians, celebrities and even members of the jury that originally sentenced . 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. 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. This makes my day, he said. ", Now, the power to save Lucio lies in the hands of Texas' Republican Governor Greg Abbott, the Board of Pardons and Parole, and the current Cameron County District Attorney, Luis V. Saenz, whose office said in a statement to CBS News: "A jury of (Lucio's) peers rendered to her a verdict. 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 has always maintained her innocence. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. What evidence would you have? 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. 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. 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. 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. Michelle described the moment they saw Lucio inside the visitation area. It came as it was revealed that Lucio and her children struggled through poverty. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. 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. At the time of his mother's arrest, John was 17 years old. Oh my God. "Her next partner continued the cycle of violence, punching her in public and beating her at home. The 53-year-old was convicted in 2008 for the murder of her 2-year- old daughter, and would be the first Latina killed by the state if her execution goes as planned. 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. Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . We cannot allow the rule of law to be suspended and substituted by a court of public opinion.". Get browser notifications for breaking news, live events, and exclusive reporting. 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 fact, the court had twice ruled against Lucios appeals. But for us, whats clear is that theres a recognition by the court that something is wrong and needs to be fixed.. Her legal team, including attorneys from the federal public defender office in Austin and the Innocence Project, had filed a clemency petition with the Texas Board of Pardons and Paroles, asking them to recommend that Gov. Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Lucio has always maintained her innocence. 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. 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. April 11, 2022 / 11:29 AM On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. 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. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. 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. 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. Melissa Lucio holds her daughter Mariah in this undated photograph. "Evidence that could have been exculpatory?" Moments later, he interrupted the interview. Lucio's attorneys say Villalobos wanted to make an example of Lucio to prove he was tough on crime. DeSantis won't say he's running. They implored him to step up and withdraw it. Babe, he said to Michelle, his voice filled with emotion. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. The woman, Melissa Lucio, a mother of 14, was found guilty back in . John has organised sitdowns seeking the release of his mother and said he will continue fighting. The woman, Melissa Lucio, a mother of 14, was found guilty back in 2008 in the death of her 2-year-old daughter, Mariah. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. asked Luciano. Learn how your comment data is processed. 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 death of our sister Mariah and the prosecution of our parents tore our family apart. hide caption. Melissa Lucio Personal Life. Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. The wounds never fully healed. 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. Save my name, email, and website in this browser for the next time I comment. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. She could see herself in Lucios story. The state says Lucio beat her daughter to death. At the age of 16, she turned into a child bride but again had to face abusive marriage. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. The father to Lucio's eldest children lived in Houston, Texas and did . On 27 April, Melissa Lucio was supposed to die. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. 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. 2. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. At times, they were homeless and relied on food banks for meals, according to the petition. "I am only here to do what can be done for my mother.". Valley Morning Star via AP. . At this time, it . 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. 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. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. Who is Melissa Lucio? In an undated photo, Melissa Lucio is pictured with one of her young children. At this time, it remains unclear if Lucio's execution will be overturned. Melissa Lucio Early Life. "At the same time, here we are, seven days away from her execution date. "That is what I cherish the most. 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. How many children does Melissa Lucio have? Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. 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. And so she has to confront that reality, too, that the execution could go forward.". It was like, "Ugh, let her rot in Hell." 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. Melissa Lucio with her children. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. Lawsuits claim it wrecked their teeth. She is the mother of 14 children, including Mariah. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. 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. 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. False confessions are more common than you might think. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. Mariah reportedly did not have any visible injuries, but after Lucio put her down for a nap, she did not wake up and was later taken to the hospital, where she was declared dead. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . ", Bobby was seven when Mariah died. Were confident that with the new evidence of innocence, if Melissa was retried today that she would be acquitted, Innocence Project attorney Vanessa Potkin told reporters on Monday afternoon. "The death of our sister Mariah and the prosecution of our parents tore our family apart. 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. 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. Police blamed Lucio for . "We ask you not to tear those wounds open again. "She is not guilty of the death of my baby sister.". hide caption. 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. She prodded Luna, then her roommate, to watch the movie. The impact has been felt longest by Melissa's family. 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. . Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. "The older ones, we were more or less of age, we were the losers," he said woefully. he asked. As of 2021, Melissa has been on death row for 13 years. "Or were you a frustrated mother who just took it out on her for whatever reason?" As per the data, Melissa Lucio is only 5 feet 2 inches tall. Greg Abbott to spare their mom's life. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. She was sexually abused by one of her family members (her mothers boyfriend) at the age of 6. She should never have the opportunity to abuse another child again. However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. Five of the trial's 12 jurors have called for her clemency. Potkin said that now is a complicated time emotionally for Lucio. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. And she did, saying she spanked the child, but never admitting to the use of deadly force. In 2008, she was found guilty of murdering her 2-year-old daughter. Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. She was convicted 14 years ago of murdering her 2-year-old . Lucio's thoughts are with her children . According to the Innocence Project, it was an abusive marriage. After finding no other injuries, Melissa said she had continued on with her day. 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In 2008, Lucio was convicted and sentenced to die. 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. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. During the five-hour-long interrogation, officers berated and . She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. There is significant evidence of her innocence that no court, no fact finder has ever considered. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. But the older children had it harder. Share. To inquire about a licence to reproduce material, visit our Syndication site. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. But today, multiple expert pathologists agree Mariah could have suffered a head injury from a fall, leading to a disorder that causes extreme bruising. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Copyright 2023 CBS Interactive Inc. All rights reserved. Consider what the world of media would look like without The Intercept. 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. 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. 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. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. 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. . Courtesy of the Lucio family. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. The detective handed Melissa Lucio a plastic doll and asked her to spank it. So, I really try not to think about the future, because right now I have what I want. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . When the news broke, the small crowd gathered outside the governors public reception room at the Texas Capitol erupted with cheers: The states Court of Criminal Appeals had stayed Melissa Lucios impending execution. 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. 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. 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. Potkin said Lucio was . And today shesno longer anonymous. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. Earlier, Lucio was sentenced to death back in 2008 and at the time when she was imprisoned, she was pregnant with twins, whom she had to give up for adoption as she could not have the nourishment of the babies in jail. 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. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. It simply has not been the same in the past 15 years," he said. 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.". I even told her myself that I consider her my best friend. Please give us the chance for closure. 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