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. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. After finding no other injuries, Melissa said she had continued on with her day. On 27 April, Melissa Lucio was supposed to die. It was fitting that Leach would deliver the news. But the trial judge ruled that testimony "irrelevant," according to court documents. Melissa Lucio, a Mexican-American who is facing execution in Texas on April 27, 2022, was wrongfully convicted and sentenced to death after her daughter, Mariah, sustained injuries from an accidental fall. Melissa Lucio and her children. 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. 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.". In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. "It was an accident," he said. Thats all it takes to support the journalism you rely on. (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. At times, they were homeless and relied on food banks for meals, according to the petition. Although Melissa repeatedly told the police that she did not kill her daughter, they continued to interrogate her for five hours until she . Lucio, 52, had been set to be executed by lethal injection Wednesday for the death of her 2-year-old daughter Mariah in Harlingen, a city . Before all this, "we were a large family and we were very united", her eldest son, John, told BBC. In an undated photo, Melissa Lucio is pictured with one of her young children. On 27 April, Melissa Lucio was supposed to die. It was like, "Ugh, let her rot in Hell." Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. Save my name, email, and website in this browser for the next time I comment. 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. 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. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. She was convicted 14 years ago of murdering her 2-year-old . 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. Lucio has always maintained her innocence. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. Melissa Lucio (Provided by the Lucio family) Lucio and her children struggled through poverty. Melissa's execution date is set for 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. Melissa Lucio holds her daughter Mariah in this undated photograph. Photograph: The Guardian. Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. Lawsuits claim it wrecked their teeth. 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. Save my name, email, and website in this browser for the next time I comment. 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. The fourth claim argues the state suppressed evidence favorable to her defense, violating her rights to due process. appreciated. As per the data, Melissa Lucio is only 5 feet 2 inches tall. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. She had fallen asleep on her parents' bed, but never woke up again. "I am not here to shout," he said. . "Being the eldest was hard, not only because of the responsibility but because I would like to see our family together again.". Alexandra is also another of Melissa Lucio's elder daughters. But the attention the case has garnered helped spotlight the earlier errors in the trial and win a halt to what would be the first execution of a Hispanic woman carried out in Texas in modern times. In recordings of an interrogation, Lucio who was pregnant with twins at the time is heard denying guilt. As the process unfolds, she will remain on death row, her legal team said. "I'll make a decision once it comes to me," Abbott told KRGV, an ABC News affiliate in the Rio Grande Valley. Copyright 2023 CBS Interactive Inc. All rights reserved. "She is an innocent woman," John Lucio, Melissa's eldest son, told Latino USA at a protest outside the Cameron County Courthouse in February. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Two days later, Mariah went to take a nap and did not wake up. 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Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. "Her next partner continued the cycle of violence, punching her in public and beating her at home. She was sexually abused at the age of 6 by one of her family members (her mothers boyfriend). Since turning 18, he described meeting with his mother on death row as he backed her claims that Mariahs death was an accident. April 11, 2022 / 11:29 AM The detective handed Melissa Lucio a plastic doll and asked her to spank it. AP (AP) 'That's my mother. "If they go through with it, they'll be killing an innocent woman.". 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 site uses Akismet to reduce spam. Consider what the world of media would look like without The Intercept. Her life was worth nothing to them. She is the mother of 14 children, including Mariah. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. Lucios lawyers argue that Dr. Norma Farley, the forensic pathologist who autopsied Mariah, misled the jury when she insisted that Mariahs injuries could only have resulted from a fatal beating. Melissa Lucio has given birth to 14 children. There is a motion pending in the trial court to disqualify him from further participation in this case, Schardl said. For a time, the only access they had to water was through their neighbours' houses or from the parish.". After her conviction for Mariahs murder, Melissas children were taken from her care. Five of the trial's 12 jurors have called for her clemency. "Do it real hard," he said. Im hoping its not the same evidence Mr. Villalobos had. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. I even told her myself that I consider her my best friend. Lucio's attorneys say police had already decided on a narrative when they brought her in for interrogation. It came as it was revealed that Lucio and her children struggled through poverty. 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. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. 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.". 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". 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. Ms Lucio was taken in for questioning and was interrogated for almost five hours while she was pregnant and going through the shock of losing her young child, Mariah. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. 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 seen here in an undated photo provided by the Texas Department of Criminal Justice. The state says Lucio beat her daughter to death. 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. Selina, the fifth of Lucio's 14 children, initially came forward on TikTok back in 2021 after the release of "The State Of Texas vs. Melissa," a documentary on Hulu that covers the case and . Detectives rushed to judgment and, just two hours after Mariah died, took Ms. Lucio in for questioning. Melissa Lucio has fourteen kids as of 2021. 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.. Greg Abbott to spare their mom's life. After Toon was released from prison, she remained in touch with Lucio. Melissa Lucio, 53, is scheduled to be executed on April 27. In an undated photo, Melissa Lucio is pictured with one of her young children. 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. 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. She was convicted 14 years ago of murdering her 2-year-old Lucio holds her daughter Mariahs was! 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