The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. 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. "She is not guilty of the death of my baby sister.". 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. Later, Lucio had nine more children with her next husband, who also turned out to be abusive to her. "That is what I cherish the most. Villalobos could not be reached for comment. The Intercept is an independent nonprofit news outlet. Michelle described the moment they saw Lucio inside the visitation area. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. At this time, it remains unclear if Lucio's execution will be overturned. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. AP However, she has maintained her innocence ever since. In an undated photo, Melissa Lucio is pictured with one of her young children. After Toon was released from prison, she remained in touch with Lucio. 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 . hide caption. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. 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. 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. But today, multiple expert pathologists agree Mariah could have suffered a head injury from a fall, leading to a disorder that causes extreme bruising. That is wonderful. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. Read about our approach to external linking. 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. And certainly, the court system.. After her conviction for Mariahs murder, Melissas children were taken from her care. Who would hold party elites accountable to the values they proclaim to have? Please enter valid email address to continue. According to NPR, Lucio is an abuse survivor and was sexually assaulted multiple times starting at the age of six, and was then physically . ", Speaking to CBS Mornings he said: 'If they go through with it, they'll be killing an innocent woman.. 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 . Ms. Lucio's passive and apparently flat demeanor is best explained by her history of repeated sexual, physical, and emotional abuse since childhood.". "Do it real hard," he said. 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. The trial court will also be asked to consider the claim that Lucio is innocent of murder. 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. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. 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. 2023 Cable News Network. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. Thats all it takes to support the journalism you rely on. / CBS News. 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. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. . The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. And so she has to confront that reality, too, that the execution could go forward.". 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? Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . 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. 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. "Right now, what I have is my family," Alvarez said. But the older children had it harder. Five of the trial's 12 jurors have called for her clemency. 'That's my mother. "Oh, it's definitely exculpatory," Schardl replied. According to the Innocence Project, it was an abusive marriage. 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. Potkin said Lucio was . If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. Melissa's execution date is set for April 27, 2022. Born July 18, 1968, Lucio, 53, is known as a convicted killer. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. CNN . 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 . Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. Greg Abbott could grant her clemency. "When all of this happened, our family split up," he said. But the trial judge ruled that testimony "irrelevant," according to court documents. 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. Lucios son John was in Gatesville, Texas, on Monday afternoon, preparing for a visit with his mother at the nearby Mountain View unit. CNN Sans & 2016 Cable News Network. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. At the time, the family lived in a small two-bedroom, second-floor flat. 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 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. She could see herself in Lucios story. "The death of our sister Mariah and the prosecution of our parents tore our family apart. Melissa Lucio is the first woman of an American Hispanic descent who was sentenced to death in Texas. 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. Now, her family, more than 80 state lawmakers from both parties, and even some of the jurors who convicted her say she should live. Melissa Lucio and her children. This dental device was sold to fix patients' jaws. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. Director of The State of Texas vs. Melissa, Sabrina Van Tassel argues for Melissa Lucio's retrial. But she, her family and attorneys say she is innocent and was wrongfully convicted of capital murder. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. 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. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . 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. The Board then announced it would not vote at that time. She is scheduled to be put to death on April 27. Lucios father died when Lucio was an infant and her family moved to Rio Grande Valley when Lucio was nearly 3 to 4 years old. What evidence would you have? The second claim says new scientific evidence would prevent Lucios conviction. Police blamed Lucio for . 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. According to an interrogation with Lucio regarding the death of her youngest child of that time, Mariah fell down the stairs while the family was moving homes back in February 2007. In 2007, paramedics arrived at a tiny apartment that Melissa Lucio shared with her live-in . She had fallen asleep on her parents' bed, but never woke up again. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. They probably never will," her kids said in the letter. Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. 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. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. Lucio has always maintained her innocence. Who is Melissa Lucio? Read about our approach to external linking. They wrote: "[A] history of trauma significantly reduces the resilience of the trauma victims to cope with interrogative pressure. 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. It was like, "Ugh, let her rot in Hell." Among them is one of her sons, John Lucio. At times, they were homeless and relied on food banks for meals, according to the petition. This site uses Akismet to reduce spam. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. Greg Abbott commute Lucios sentence, or at least grant a 120-day reprieve from execution. 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. John and his wife, Michelle, were filming an interview with Univision in their hotel lobby when John stepped away to take a phone call from Assistant Federal Public Defender Tivon Schardl. Consider what the world of media would look like without The Intercept. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. 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. The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. The lawyers asked the court to block the execution and send the case back to the lower court for further scrutiny and ultimately, a new trial. 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. In 2014, Villalobos was sentenced to 13 years in federal prison for racketeering and extortion. Lucio woke up on February 15, 2007, got some of the children ready for school and then turned her attention to packing up their "run-down, second-floor apartment," the petition says. 02:43 - Source: CNN. He has spent his entire adult life fighting for her release. . Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. Melissa Lucio is seen here in an undated photo provided by the Texas Department of Criminal Justice. Melissa Lucio holds her daughter Mariah in this undated photograph. Lucio later had nine more children with her next husband, who was also found to be abusive towards her. ? she exclaimed through tears. She is the mother of 14 children, including Mariah. It came as it was revealed that Lucio and her children struggled through poverty. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. On 27 April, Melissa Lucio was supposed to die. Please give us the chance for closure. 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 born on July 18, 1968 in Lubbock, Texas. The state of Texas has scheduled the execution in the Melissa Lucio case for April 27. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. 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. And today shesno longer anonymous. "Melissa didn't observe the fall herself. 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. Naturally, she has brown hair and almost no eyebrow. Legal team for Melissa Lucio She received abuse throughout her childhood and teenage years. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . At the crash site of 'no hope' - BBC reporter in Greece. 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. It was potentially one of the last times he would see her alive. Similarly, film personalities have produced the story of Melissa Lucio either in documentaries, short films, or movies, but no one could deny the fact that she would be getting a sentence to death. Who is Melissa Lucio? T he highest criminal court in Texas on Monday halted the execution of Melissa Lucio a mother whose murder conviction in the death of her 2-year-old daughter has . 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. 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. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. 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. Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. The wounds never fully healed. It simply has not been the same in the past 15 years," he said. State Rep. Jeff Leach, R-Plano, and other members of the Texas House Criminal Justice Reform Caucus ask state officials to halt the execution of . She admitted that she had spanked Mariah on the butt, but denied abusing her. 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. he asked. 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. 2022 CBS Interactive Inc. All Rights Reserved. Attorneys for Melissa Lucio filed for clemency on Tuesday, just a month before her execution date on April 27. Toon wondered why Lucios story wasnt getting as much attention as the cases of some of the men on Texass death row. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Daniela is Melissa's eldest daughter. "The death of our sister Mariah and the prosecution of our parents tore our family apart. 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. The 53-year-old is in the news because she is facing execution. The execution of Melissa Lucio is off. 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. "No, I'm not." According to Melissa's statements to the police, the little girl was left without adult supervision while her parents were busy. Im hoping its not the same evidence Mr. Villalobos had. In 2007, Melissa Lucio's life was thrown upside down when her then 2 year old daughter Mariah died. "It was an accident," he said. (AP) 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. There were two possible avenues of relief for Lucio. Speaking at the press conference, Keith responded to Saenzs statement. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. After repeatedly denying that she killed her daughter, Lucio finally conceded that she was responsible. 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. 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. "Or were you a frustrated mother who just took it out on her for whatever reason?" 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. At least for now. After her conviction for Mariah's murder, Melissa's children were taken from her care. 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. 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. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. She should never have the opportunity to abuse another child again. 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.". As of 2021, Melissa has been on death row for 13 years. 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. Its unclear how long the process could take. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. They hope to persuade the state's Board of Pardons and Paroles and Gov. Texas woman on death row receives bipartisan support for clemency from state officials. Instead, just before 1 p.m., Bonowitzs phone rang. "I hit her like this," she demonstrated by spanking a doll, sealing her fate. 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. His younger siblings were taken in by cousins, and many did well after leaving school. She was sexually abused by one of her family members (her mothers boyfriend) at the age of 6. But lawyers and others of Melissa's supporters say she was made to make statements under duress. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. 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. 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