Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. 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. But jurors didn't hear testimony from any of Lucio's kids. 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. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. Moments later, he interrupted the interview. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. She is the mother of 14 children, including Mariah. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . We cant say exactly how long, but we certainly dont want her to spend one day longer in prison than is absolutely necessary.. The state says Lucio beat her daughter to death. 2022 CBS Interactive Inc. All Rights Reserved. But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. The impact has been felt longest by Melissa's family. The documentary focuses on the case of Melissa Lucio, a woman convicted for the 2007 death of her two-year-old daughter Mariah. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. 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. 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. It was potentially one of the last times he would see her alive. Lucio's lawyers say the evidence shows it was a tragic accident. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. She hadnt. "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. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. 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. Melissa's execution date is set for April 27, 2022. 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. "Her so-called confession was the result of highly coercive interrogation tactics," said Potkin, "some of which are so coercive that they're no longer used today.". Greg Abbott could grant her clemency. Dozens of politicians from both parties have backed her. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. AMY GOODMAN: Melissa Lucio is a mother of 14 children. Police blamed Lucio for . For a time, the only access they had to water was through their neighbours' houses or from the parish.". Valley Morning Star via AP. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. As per the data, Melissa Lucio is only 5 feet 2 inches tall. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . "I am only here to do what can be done for my mother.". hide caption. Learn how your comment data is processed. "At the same time, here we are, seven days away from her execution date. Melissa Lucio has given birth to 14 children. Among their arguments is that Lucio was particularly prone to providing a false confession as a lifelong survivor of sexual abuse and domestic violence. Her lawyers said thatthestatement was wrongly interpretedby prosecutors as a murder confession, tainting the rest of the investigation into Mariahs death. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. 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. 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. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. 2023 BBC. Melissa Lucio was found guilty of a very serious crime called "capital murder". However, even if Lucio's death penalty is commuted, she still isn't going home anytime soon. In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. But many doubt Lucio's guilt and call into question the fairness of her trial. "Do it real hard," he said. Still trying to come to terms with the reality of her child Many were put up for adoption while others were split up and sent to live with relatives or placed in the custody of the . The Texas Court of Criminal Appeals could also stop the execution. "Her next partner continued the cycle of violence, punching her in public and beating her at home. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. 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. Texas state Rep. Jeff Leach via AP Hawara: 'What happened was horrific and barbaric'. 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. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. In shock and grieving the loss of her baby the youngest of her 12 children at the time Ms. Lucio was taken into police custody and immediately blamed for her daughter's death. At times, they were homeless and relied on food banks for meals, according to the petition. "Their electric service was cut, they moved some 26 times in a five-year period. Ms. Lucio was taken for questioning and was interrogated for nearly five hours, at the time she was pregnant and was going through a shock of the loss of her young child Mariah. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. She received abuse throughout her childhood and teenage years. 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. 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. She received abuse throughout her childhood and teenage years. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. This site uses Akismet to reduce spam. Published May 2, 2022 10:56 a.m. PDT. Lucios life wasnt as easy and smooth as other childrens. 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. DeSantis won't say he's running. 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". 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. There were two possible avenues of relief for Lucio. The father to Lucio's eldest children lived in Houston, Texas and did . We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. 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. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. Following her conviction, she was sentenced to a death sentence by lethal injection in the year July of the . The BBC is not responsible for the content of external sites. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. After finding no other injuries, Melissa said she had continued on with her day. 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 . After her conviction for Mariah's murder, Melissa's children were taken from her care. ? she exclaimed through tears. Melissa Lucio holds her daughter Mariah in this undated photograph. April 28, 2022 5:23 PM EDT. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. (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. "Evidence that could have been exculpatory?" ", Bobby was seven when Mariah died. appreciated. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. "I hit her like this," she demonstrated by spanking a doll, sealing her fate. 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. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. At this time, it remains unclear if Lucio's execution will be overturned. What's he waiting for? During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. 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. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. It was like, "Ugh, let her rot in Hell." She gave birth to the twins while in jail and was forced to give them up for adoption. 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. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. 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). Courtesy of the Lucio family. The appeals court order sends Lucios case back to her trial court in the 138th Judicial District in Cameron County, along the border with Mexico at Texass southernmost tip. Photograph: The Guardian. 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. . According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. AMERICA continues to hold its breath over the fate of mother Melissa Lucio who was found guilty of capital murder in the 2007 death of her daughter Mariah. Among the suppressed evidence, her attorneys say, are indications police and prosecutors knew other family members were aware of Mariahs fall down the stairs and that no one had described the abuse Mariah allegedly suffered. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. But the trial judge ruled that testimony "irrelevant," according to court documents. Read about our approach to external linking. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. ", First published on April 11, 2022 / 11:29 AM. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. 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.". In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. 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. The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. So, I really try not to think about the future, because right now I have what I want. Prosecutors at her . She prodded Luna, then her roommate, to watch the movie. On the other hand, Lucio said she was pressured into giving false information about the allegations. "Ever since this accident took place, there has been a great division amongst us. His younger siblings were taken in by cousins, and many did well after leaving school. Looking at her pictures, we can identify that she is overweight. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. Melissa Lucio with her children. 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.. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. This child had more bruises than Ive ever seen in any case that I had before, she said. 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. And certainly, the court system.. "At some point they didn't hear Mariah playing anymore, went to check on her, and she had managed to get out of the screen door and was at the bottom of the staircase," says Potkin, the Innocence Project attorney. Later, after having lots of letters, penalties, executions, and statements of defense from the side of Lucios attorney, Lucio was still put in the questioning for the murder of her youngest child at that time out of a total of 12 children born to her due to two marriages. At the time of his mother's arrest, John was 17 years old. But that's not why the American citizen of Mexican origin has made the headlines. Your effort and contribution in providing this feedback is much AMERICA continues to hold its breath over the fate of mother Melissa Lucio who was found guilty of capital murder in the 2007 death of her daughter Mariah. At the crash site of 'no hope' - BBC reporter in Greece. 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. 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. 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. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? 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. The two women friends and formerly incarcerated activists had joined a broad coalition of supporters pressing every lever they could think of to try to stop the execution, scheduled for April 27. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. Her attorneys are calling for a stay of her execution so her case may be reviewed. Last October, the Supreme Court declined to hear the case. 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. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. "Are you a cold-blooded killer?" Lucio was married at the age of 16 and she produced five children with her husband, who used to abuse Lucio all the time while being in the relationship. An autopsy later showed that the toddler had bruising to her kidney and lungs, according to local media. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. hide caption. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. 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