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Your effort and contribution in providing this feedback is much Ultimately, the two women hooked up with Abraham Bonowitz, executive director of Death Penalty Action, who had organized a campaign around Lucios case across Texas and beyond. After five hours of questioning, during which Lucio expressed her innocence more than 100 times, she eventually said "I guess I did it" when asked if she was responsible for some of her daughter's injuries. This is terrifying it should be terrifying for everybody.. She was abused throughout her childhood and adolescence. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. But in 2021, the full court upheld her conviction for procedural reasons a technicality. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. On the other hand, Lucio said she was pressured into giving false information about the allegations. Babe, he said to Michelle, his voice filled with emotion. He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. . Hawara: 'What happened was horrific and barbaric'. "Or were you a frustrated mother who just took it out on her for whatever reason?" All Rights Reserved. I know she's innocent.' 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. Speaking at the press conference, Keith responded to Saenzs statement. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. Its not over by a long shot; this campaign has to continue, Bonowitz told a smattering of TV reporters. In this undated photograph, Melissa Lucio holds one of her sons, John. 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. There were two possible avenues of relief for Lucio. According to the prosecutor, the injuries that were made to Mariah were the results of physical abuse while Lucios attorney says that the injuries were made to the daughter because she fell down the stairs two days before her death. Yes, the ruling by the appeals court does nothing to modify Lucios sentence. Two days later, Mariah went to sleep and didnt wake up. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. 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.. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. 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. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. 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. She is scheduled to be put to death on April 27. More on The Lone Star Plate www.lonestarplate.showSabrina . But jurors didn't hear testimony from any of Lucio's kids. 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. Learn how your comment data is processed. The state of Texas had planned to execute an anonymous woman, she said. 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. "I am not here to shout," he said. 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. The medical examiner concluded Mariah died from a blow to her head. There is a motion pending in the trial court to disqualify him from further participation in this case, Schardl said. While bouncing around online, Toon came across the documentary The State of Texas v. Melissa, which confirmed her instincts that Lucio was innocent. Did you encounter any technical issues? At Lucio's trial, expert witnesses for the defense were not allowed to testify as to why she might have given a false confession. "Her next partner continued the cycle of violence, punching her in public and beating her at home. Her attorneys are seeking either a lesser charge, to remove Lucio from death row or a . And so she has to confront that reality, too, that the execution could go forward.". 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. She also has the support of an unprecedented bipartisan coalition of 87 Texas lawmakers. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. "The older ones, we were more or less of age, we were the losers," he said woefully. 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. AMY GOODMAN: Melissa Lucio is a mother of 14 children. Tim Westwood allegations: DJ accused of sexual misconduct by string of women after flashing & groping victims, Bus driver who murdered partner on double-decker, doused her in acid then dumped body on A3 is jailed for life, Chilling new details in 'murder-suicide' of Brit couple found dead in French home next to haunting note, Dad stabs burglar to death after seeing gang break into home on Ring doorbell, Haunting new details in murder of Debanhi Escobar, 18, who vanished after being spotted walking alone on death road, Inside Elon Musks bizarre life - from fluid relationship with Grimes to dumping worldly goods & living in 50k home, I was engulfed in a fireball and left with a new face - my son was too scared to sit next to me, Our daughter, 27, was killed by her estranged husband but he still has custody of the kids - it's outrageous, was granted a stay of execution two days prior. Looking at her pictures, we can identify that she is overweight. But although Lucio had a history of being investigated by Child Protective Services, she had no history of physically abusing her kids. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. 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.". She is scheduled to die by lethal injection on Wednesday. Upon learning that her execution had been stayed, Melissa said in a statement: "I am grateful the Court has given me the chance to live and prove my innocence. Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. She should never have the opportunity to abuse another child again. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). by Jolie McCullough March 24, 2022 3 PM Central. 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. 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. According to Lucio, she was once sexually abused by her mothers boyfriend. I think she should be allowed to live as long as she does not have the possibility of parole. She said that she was all the time sexually abused by her first husband who later left her along with five children and parted away. 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. 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. 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. How many children does Melissa Lucio have? (AP) 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. She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. 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. 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. "No court has ever considered the new evidence of Melissa Lucio's innocence," says Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio's attorneys. The woman, Melissa Lucio, a mother of 14, was found guilty back in . Have you heard the news? Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. 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. 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. In an undated photo, Melissa Lucio is pictured with one of her young children. Over the years, it has routinely allowed executions to go forward even in cases where there were serious questions about a defendants guilt. 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. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. As the process unfolds, she will remain on death row, her legal team said. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. For a time, the only access they had to water was through their neighbours' houses or from the parish.". 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. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. 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. It's a disorder, she says, that in other cases has been "confused for child abuse because it causes extensive bleeding and bruising throughout the body. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. Oh my God. 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 . 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. In this April 6, 2022 photo provided by Texas state Rep. Jeff Leach, Rep. Leach stands next to death row inmate Melissa Lucio during a visit by a group of seven lawmakers to the Mountain View Unit in Gatesville, Texas. 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. The state of Texas has scheduled the execution of the case of Melissa Lucio for the 27th of April. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. The Texas Court of Criminal Appeals could also stop the execution. She could see herself in Lucios story. Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. But for us, whats clear is that theres a recognition by the court that something is wrong and needs to be fixed.. 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. VideoRecord numbers of guide dog volunteers after BBC story. 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. 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. 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. Melissa Lucio was found guilty of a very serious crime called "capital murder". The 53-year-old is in the news because she is facing execution. Who is Melissa Lucio? But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 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. She tried to explain to no avail that Mariah had fallen down the stairs a few days earlier; the possibility that the childs death was not murder but the result of a tragic accident was never investigated. But that's not why the American citizen of Mexican origin has made the headlines. Read about our approach to external linking. Published "She is not guilty of the death of my baby sister.". 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. She says she was coerced to confess by a Texas Ranger during her interrogation. It was fitting that Leach would deliver the news. Dozens of politicians from both parties have backed her. Neither woman had been eating very much. By Maurice Chammah. 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. Lucio has always maintained her innocence. Copyright 2023 CBS Interactive Inc. All rights reserved. "Over 100 times, she asserted her innocence," said Potkin. By the time she gave birth to her twelfth child, Melissa had experienced homelessness, drug addiction, and severe mental illness," according to an amicus brief filed by former prosecutors, anti-violence organizations and others on Lucio's behalf. 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. She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. 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. / CBS News. At this time, it remains unclear if Lucio's execution will be overturned. Her family and friends are protesting her punishment and claim she . As per the data, Melissa Lucio is only 5 feet 2 inches tall. 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