Circuit Court of Appeals overturned Lucio's conviction, ruling she was deprived of "her constitutional right to present a meaningful defense." At 6 years old, she was sexually assaulted by one of her mother's partners, her legal team said in the clemency petition. RELATED: Oklahoma Gov. Mariah Alvarez, daughter of Melissa Lucio, was a young little girl who lost her life at a very young age. "She was not evil. [13], Lucios defense argued that Mariah's injuries were from falling down the stairs, and that Lucio's psychological functioning contributed to her conflicting reports given to authorities. Mariah was the twelfth child of Lucio. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. Based out of Brooklyn, New York, her work covers all things social justice, pop culture, and human interest. As Lucio's case hangs in the balance, a group of bipartisan Texas lawmakers led by Republican Rep. Jeff Leach is pleading with Gov. Daughter Of Woman Kim Kardashian Wants Saved From Death Row Claims Mom Abused Sister Before Her Death, Photo: Twitter / Instagram / Kathy Hutchins / Shutterstock, Oklahoma Gov. jsTikTok.src = (document.location.protocol == "https:" ? In shock and grieving the loss of her baby. In 2008 a Cameron County jury found Lucio guilty on one count of capital murder for causing the death of her daughter, Mariah Alvarez. "I think that's really significant that, you know, the individuals who heard the evidence against Melissa feel that the new evidence is so powerful that they may have voted differently in the case, and it just underscores the need for a court to consider the new evidence of Melissa's innocence," Potkin said. Lucios lawyers say that Mariahs death was due to falling down the stairs but prosecutors say that Mariahs injuries were from someone hitting or hurting her. During her interrogation, Ms. Lucio asserted her innocence more than 100 times, until she was manipulated into falsely taking responsibility for some of Mariahs injuries by police officers. He concluded that Dr. Farley appeared to have jumped to wrong conclusions. HOUSTON During hours of relentless questioning, Melissa Lucio more than 100 times had denied fatally beating her 2-year-old daughter. Tema, Ghana, Phone: +233 24 137 5919 On Wednesday, they visited Lucio at Mountain View Unit in Gatesville. Studies have shown that even trained forensic dentists cant agree whether or not an injury is a bite mark. Thousands of pages of Child Protective Services records show that Ms. Lucios 12 children never said she was violent with them and no case workers noted signs of abuse. It was later discovered that Mariahs arm had been broken two to seven weeks prior to her passing away. Was her child's death really a murder? After Mariah was born authorities found out that Lucio had taken cocaine. Melissa Lucio has spent the last 15 years on death row after she was convicted of capital murder in the death of her 2-year-old daughter, Mariah. She stated that he was often addicted to drugs and alcohol and was physically abusive. Selina claims that none of her other siblings were abusive towards Mariah. Lucio was addicted to cocaine and tested positive shortly after Mariah was born; this prompted authorities to place her children in foster care. However, a pediatric orthopedic surgeon who reviewed the evidence concluded that the medical examiners testimony was misleading and there is nothing about Mariahs fracture that indicates that it was the result of an intentional act or abuse This was an extremely common type of injury among toddlers that can result from a fall from standing height. The Cameron County District Attorney's Office, which prosecuted Lucio, declined to comment. "Lucio still advances no evidence that is reliable and supportive of her acquittal," the office wrote in court documents last month. Studies have shown that even trained forensic dentists cant agree whether or not an injury is a bite mark. "This is a woman who has a history of being threatened, being yelled at," she said. Thank you for visiting us. Lucio said Mariah fell down the stairs two days ago and got hurt. Ms. Lucio struggled at times to provide for her family, but was a caring mother, who did her best given her incredibly difficult circumstances. Two more children (twins) were born while she was imprisoned. TODR - 10 years. According to Bonowitz, factors like ableism and racial and socioeconomic bias in the criminal justice system pose too much of a threat to warrant the use of the death penalty. Convicted of murdering one of her 9 children, her 2 year old daughter, Mariah Alvarez. Lucio, who is an inmate on Texas death row, is set to be executed on Apr. More are learning about Ms. Lucios case and advocating for her each day. 2023 Innocence Project. Alexander Molony Children: Does Alexander Molony Have A Child? Guarnera said these are excellent tips to follow, but pointed out that detectives often do the opposite when they believe someone is a suspect and not a victim. At Ms. Lucios trial, the medical examiner testified that the bruises and injuries on Mariahs body could only have been caused by abuse. Lucio's lawyers say the evidence shows it was a tragic accident. She had scattered bruising, bite marks on her back, patches of hair that had been pulled out, and a broken arm. An Innocence Project petition calling for a stop to Lucio's execution has surpassed its goal, having received over 185,000 signatures. Lucio that her teenage daughter, Alexandra, may have been responsible for the bruises found on Mariahs body after her death. Lucio claimed that Alvarez had fallen down the stairs but it was quickly noted that Alvarez had suffered horrific abuse. She said she believes she falsely confessed in part because of a learned fear of violence. "The ask is very specific. Three older children went to live in Houston with their father, and Lucio regained custody of the others in late 2006.[5]. ", "Texas mother is set for execution as evidence suggests she did not kill her child", "I voted to sentence Melissa Lucio to death. By way of history, Mr. Alvarez found his daughter pale and not breathing in the family home and attempted to perform cardiopulmonary resuscitation until EMS arrived. Mariah fell down a flight of stairs while the family was moving homes on Feb. 15, 2007. At the time, Mr. Villalobos was seeking re-election, and came under fire for failing to thoroughly investigate or prosecute more than 100 previous allegations of child abuse. Death Row Stories, a Netflix documentary set to premiere this Friday (May 25), has revealed Lucio’s twisted thoughts and the heinous crime she committed. April 17 2022, 4:00 a.m. "Free Melissa . For an optimal experience visit our site on another browser. BROWNSVILLE - Melissa Elizabeth Lucio was formally sentenced to death by lethal injection in the 13th Judicial District Court, according to a Cameron county District Attorney's Office release. 03/23/2022 by Anne Tyler Melissa Lucio, a middle-aged mother, was sentenced to death for allegedly killing her two-year-old son. Advertisement : [emailprotected] If I could take back my vote, I would, Johnny Galvan Jr., one of the jurors in Ms. Lucios case, wrote in a recent op-ed in the Houston Chronicle. He is now serving a 13-year federal prison sentence for bribery and extortion. tiktokscr.parentNode.insertBefore(jsTikTok, tiktokscr); HOUSTON During hours of relentless questioning, Melissa Lucio more than 100 times had denied fatally beating her 2-year-old daughter. Updated on April 18, 2022, 7:30 p.m. Research has shown that survivors of sexual abuse and violence, like Ms. Lucio, are even more vulnerable to falsely confessing under such coercive conditions. Lucio's lawyers say jurors never heard forensic evidence that would have explained that Mariah's various injuries were actually caused by a fall days earlier. As indicated by legal counsel at the Lucio Reassessment Watch group, Melissa is not at fault. Click to reveal ET:This article has been updated to reflect the latest news in this case. The Cameron County District Attorneys Office said Mariah was found at home with signs of abuse. Melissa Lucio was first sentenced to death in 2008 for the death of her 2-year-old daughter, Mariah Alvarez. She also spoke in one of her sisters TikToks and claimed that blame was placed on her in an attempt to free Lucio. Unprecedented pictures of Melissa Lucio's examination have surfaced because of the absence of life column prisoner inside the narrative "Death by Mama" airs on ABC. I'm responsible. Lucio claimed Mariah had fallen down a flight of stairs two days prior and suffered the wounds. Melissa Lucio and Robert Alvarez became parents to Mariah in September 2004. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. Some of the children living with Lucio were previously taken from the home by Child Protective Services and placed into foster care when Mariah was three weeks old, in 2004. Eighty-three Texas representatives signed a letter asking that she be granted clemency. They used coercive methods known to produce false confessions. Courtesy of the family of Melissa Lucio via AP, Do Not Sell or Share My Personal Information. AP Paramedics were called to Melissa Lucio's home in Harlingen, Texas, on Feb. 17, 2007, after her 2-year-old daughter Mariah Alvarez was found unresponsive and not breathing. "There's so much more to it that happens way before the crime.". They look at who's the victim, what's the accused accused of doing? Mariah Alvarez: Melissa Lucio Daughter Mariah Alvarez Autopsy Viral on Twitter & Reddit. Keep up with her Twitter for more. Turn on desktop notifications for breaking stories about interest? Experts said these conditions are all risk factors that make a person more likely to falsely confess. The autopsy showed that Mariah also had a head injury and bruises on her kidneys lungs and spinal cord. She died two days later. "She gets very emotional because no one believed her for so many years that she was innocent. She claims bruises found on Mariahs body were consistent with rings her mother would wear. She allegedly suffered abuse by multiple partners that continued throughout her teenage years and into adulthood. While Lucios attorneys contend that Mariahs death was brought on by a fall down the stairs two days earlier, prosecutors contend that Mariahs injuries were caused by physical abuse. The Innocence Project, a criminal justice reform nonprofit that aims to exonerate wrongly convicted persons using DNA and other evidence, joined Lucio's legal team soon after her execution was scheduled in January. The medical examiner also testified at trial that a mark on Mariahs body were bite marks. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. [3] Lucio says she was sexually abused by her mother's boyfriend for about two years, beginning when she was seven years old. In this undated photograph, Melissa Lucio holds one of her sons, John. It stated that Lucio, who was pregnant with twins, was questioned by two armed detectives for more than five hours. IE 11 is not supported. Yara Shahidi children: Does Yara Shahidi have children? Lawyers in Melissa Lucio case request retrial, push for death sentence to be dropped, Rangers believed Lucio had killed Mariah on Feb. 17, 2007, fighting to stop her April 27 execution date, published report on interviewing domestic violence victims. On this Wikipedia the language links are at the top of the page across from the article title. jsTikTok.async = true; Shes guilty of abusing my sister which led to the death of my sister. "[24], On April 25, 2022, the Texas Court of Criminal Appeals issued a stay of execution and ordered the 138th Judicial District Court of Cameron County to consider new evidence of Lucio's innocence in the death of her daughter. Despite the defense's arguments, Lucio was found guilty of capital murder and later sentenced to death in 2008. [17] This decision was subsequently overturned in an en banc hearing of the same court[18] and Lucio remained on death row. According to the Cameron County District Attorney's Office, Mariah was found at the home with signs of abuse on her body. The State presented no physical evidence or witness testimony establishing that Lucio abused Mariah or any of her children, let alone killed Mariah, Judge Catharina Haynes wrote on behalf of the seven dissenting judges from the U.S. Court of Appeals for the Fifth Circuit in response to the States scheduling of Lucios execution on April 27, 2022. Experts who have studied false confessions and trauma response said Lucio's behavior is common in abuse victims and criticized the Rangers' interrogation tactics. Selina, the fifth of Lucios 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 Lucios fight to have her conviction overturned. . "My mother is an innocent woman. The jury was deprived of key evidence to weigh: that is the point.. Though Selina believes her mother is guilty, she does not want her to be killed and says she signed the petition to request clemency for Lucio. Lucio also has a lower-than-average IQ. Only 17 women have been executed in the U.S. since the Supreme Court lifted its ban on the death penalty in 1976, most recently in January 2021. The Rangers believed Lucio had killed Mariah on Feb. 17, 2007, saying that her unwillingness to make eye contact and her slumped shoulders were signs of guilt, according to a clemency petition filed on March 22. I have never seen a more troubling case than the case of Melissa Lucio," said state Rep. Jeff Leach, who signed the letter. [21] Lucio subsequently petitioned for clemency. In the Hulu documentary, Melissa Lucio implies that her daughter Alexandra was responsible for Mariah's death. The Innocence Project notes that Lucio was pregnant with twins at the time and was likely overwhelmed and grief-stricken after Mariahs death. Lucio's supporters have said her clemency request is similar in that her family would be retraumatized if she's executed. At the time, Lucio said, the toddler didn't appear to be hurt, ABC News reported, citing court records. On February 17 2007 paramedics came to the Lucio home because two-year-old Mariah was not breathing and didnt respond. Melissa Lucio holds her daughter Mariah. Selina believes her mother is guilty. He also stated that Lucio's execution would be a terrible tragedy. var isYTTikTok = 1; Liza Soberano children: Does Liza Soberano Have Children? "People generally confess falsely to get out of the interrogation room," Guarnera said. She had many bruises bite marks on her back patches of hair pulled out and a broken arm. Alexander Molony Girlfriend: Who Is Alexander Molony Girlfriend? Abbott's office, the Cameron County District Attorney's Office and the Texas Board of Pardons and Paroles did not immediately respond to ABC News' requests for comment. After the trial, in which the prosecution said that her daughter's injuries could have only been caused by abuse, Lucio was found guilty of capital murder and sentenced to death. "[10], One of Lucio's sons was also questioned by law enforcement shortly after Mariah's death. The trial court prohibited this testimony but allowed the Texas Ranger who coerced Ms. Lucios incriminating statement to testify, falsely, for the prosecution that Ms. Lucios slumped posture, passivity, and failure to make eye contact told him that she was guilty. You can learn more about how we consider cases here. The only person who abused my sister was my mother, Melissa Lucio, she claims in another video. Photo courtesy of the family of Melissa Lucio via AP. She is . Abbott and the Board of Pardons and Paroles. However, a pediatric orthopedic surgeon who reviewed the evidence concluded that the medical examiners testimony was misleading and there is nothing about Mariahs fracture that indicates that, was the result of an intentional act or abuse. Help us advocate for the innocent by sharing the latest news from the Innocence Project. Three jurors and one alternate in Lucio's trial have signed affidavits expressing doubts about her conviction. Cloudflare Ray ID: 7a134b9f398d2f98 Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. American woman controversially sentenced to death, Antiterrorism and Effective Death Penalty Act of 1996, List of death row inmates in the United States, List of people scheduled to be executed in the United States, List of women on death row in the United States, "Woman with Lubbock ties to be executed, many take up the cause to stop it", "Melissa Lucio is scheduled to be executed for a crime that may not have occurred", "Is Texas Sending Melissa Lucio to Die for a Crime That Never Happened? The parole board was scheduled to vote on Lucio's clemency petition two days before the execution. The board plans to vote on Lucio's clemency petition two days before the scheduled execution, Rachel Alderete, the board's director of support operations, said in an email. "Melissa Lucio has already thoroughly litigated the issues raised during her defense, including the theories that her statement was coerced and that her two-year-old daughter Mariah. Later on, Lucio had seven children with Robert Alvarez. Now, are you a cold-blooded killer or were you a frustrated mother who just took it out on [Mariah]?" Grants Clemency To Julius Jones Hours Before Scheduled Execution Amid Public Pressure, She also claims three of her older siblings, 5 Death Penalty Facts That Will Make You Want To Abolish It Now, Man Refuses To Let His Friend's Service Dog Over To His House Because He's 'Not A Dog Person', Woman Claims Uber Driver 'Sighed' And 'Complained' About Having To Load Her Wheelchair Into His Car, Pedro Pascale Fans Rediscover His Camp Character In 90s Hit Show Undressed & Cant Get Enough Of It, Rumors Swirl That Kim Kardashian May Eventually Run For Office What A Kardashian Presidency Could Look Like. [9][23] The Mexican Ambassador to the United States, Esteban Moctezuma, announced on April 22 that he sent a letter to Governor Abbott asking him to grant executive clemency to Lucio, as "Mexico has historically manifested an unwavering commitment in its opposition to the death penalty. Potkin said Lucio's presumed guilt "was a complete rush to judgment" spurred on by misunderstanding, a "highly manipulative and coercive" interrogation and faulty forensics. Were they convicted? "If those threats in the interrogation are a trigger and she checks out, it can again be easy for her to just say whatever because she's trying to cope with what feels like a present threat.". At one point, a ranger got within inches of Lucio's face and said there was evidence that did not look good, the petition stated. Only a barbaric people allow such depravity. She was interrogated for five hours by armed police officers who reportedly berated her. Mariah Alvarez was born to Melissa Lucio and Robert Alvarez in September 2004. Lucio, 53, was convicted in the death of her 2-year-old daughter, Mariah, in 2007. Lucio says she regrets the confession and her advocates suggest that. The husband of Melissa Lucio, Roberto Antonio Alvarez, is known to have testified in the case involving the death of his daughter, Mariah Alvarez. Officers contaminated the confession by repeatedly showing Ms. Lucio photographs of relevant evidence and suggesting certain words and facts, which she ultimately parroted back to the officers. During the interrogation, officers berated and intimidated Ms. Lucio, who was pregnant and in shock from the loss of her child, for five hours. Make sure everyone on Twitter knows her name: Tweet now, 10 datos que debes saber sobre esta mujer inocente que enfrenta su ejecucin. They used coercive methods known to produce false confessions. Instead, those fighting for Lucio to be granted clemency claim she is a survivor of child physical and sexual abuse who was coerced into confessing to Mariahs murder. The Texas Rangers did not respond to repeated phone calls and emails for comment about the case. Greg Abbott and the Board of Pardons and Paroles in March of this year, arguing an unreliable confession and "unscientific, false evidence that misled the jury into believing that Mariah Alvarez must have been killed by physical abuse, when the evidence is actually consistent with a conclusion that Mariah died from medical complications after a fall" based on the declarations of various experts. Lucio, a mother of 14, is on death row for the 2007 murder of her two-year-old daughter, Mariah. 11 Strict Rules That Elon Musk Makes His Girlfriends & Wives Follow, Justin Bieber Suspected As The Father Of Kourtney Kardashian's Son Reign (Instead Of Scott Disick), Why Kate Moss Was 'Scared' & 'Couldn't Get Out Of Bed For Weeks' After Working With Mark Wahlberg. She was convicted of capital murder after the death of her two-year-old daughter, Mariah, who was found to have scattered bruising in various stages of healing, as well as injuries to her head and contusions of the kidneys, lungs and spinal cord. A juror from the trial has since expressed concerns and regret over the verdict, according to the Innocence Project. On April 12, attorneys for Melissa filed a supplemental clemency application including a new declaration from a fifth juror Melissas jury foreperson who joins the calls of four other jurors and the alternate to halt Melissas pending execution or grant her a new trial where new evidence of her innocence can be considered. Ahead of the election, Mr. Villalobos sought to make an example in Ms. Lucios case, which helped him appear tough on crime. Today, the former district attorney is serving a 13-year federal prison sentence for bribery and extortion. Her husband and Mariah's father, Robert Alvarez, was sentenced to four years in prison for child endangerment. We speak to one of Lucio's attorneys . [16] In 2019, a three-judge panel of the Federal Appeals Court overturned the sentence and ordered a retrial because of the trial court's interference in Lucio's right to present a defense. The State of Texas has scheduled Ms. Lucios execution for April 27, for a crime that never occurred. Unable to be resuscitated, her daughter was later pronounced dead at the hospital. At the time of her death, Mariah was healing from an injury to her arm, which the medical examiner also said was a sign of abuse. Ms. Lucio received a death penalty sentence and is appealing. Paramedics were called to Melissa Lucio's home in Harlingen, Texas, on Feb. 17, 2007, after her 2-year-old daughter Mariah Alvarez was found unresponsive and not breathing. She was just struggling. Lucio was convicted for the death of her daughter Mariah Alvarez. Melissa Lucio was born in Lubbock Texas on June 18 1969 as stated in court documents. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. [9] She was then told by Escalon: "Right now, it looks like you're a cold-blooded killer. Her next partner, who was also abusive, repeatedly raped her, and threatened to kill her. After several hours of interrogation, Ms. Lucio said, I guess I did it, and made other incriminating statements, to get the officers to end the interrogation. Paramedics were called to the Lucio home on February 17, 2007, as two-year-old Mariah was not breathing and was unresponsive. Officers contaminated the confession by repeatedly showing Ms. Lucio photographs of relevant evidence and suggesting certain words and facts, which she ultimately parroted back to the officers. While she was in prison she gave birth to twins which made a total of four children. He claims that before his deceased daughter Mariah Alvarez passed away, he was unaware of her fatal injuries. Liliana Segura, Jordan Smith. He got a four-year sentence for causing injury to a child by omission even though he also was responsible for Mariah's care, Lucio's lawyers argue. The detectives shouted at her, berated her for being a neglectful mother, and implied that if Mariah's death was not her fault then it had to have been one of her children, according to the petition. "We've had her interrogation reviewed by leading experts in interrogation and false confessions. Ms. Lucio has maintained her innocence on death row for more than 14 years. Michelle Lucio, John's wife who knew Melissa Lucio prior to her conviction, recalled the conversations with her during their visits in prison. But this can be detrimental because "a lot of trauma symptoms look like these behavioral cues of lying," Guarnera said. I am now convinced that the jury got it wrong and I know that there is too much doubt to execute Lucio. If a majority of the Board of Pardons and Paroles were to recommend it, Governor Greg Abbott could grant clemency. On Feb. 8, attorneys for Ms. Lucio, to withdraw or modify her looming execution date, and on March 22, her legal team, to the governor and Texas Board of Pardons and Paroles. Hundreds of anti-domestic violence/sexual assault organizations and 18 Texas exonerees have voiced support for clemency for Ms. Lucio. According to Selina, the documentary mischaracterizes the accusations against Lucio and adds to the belief that Lucio is innocent. var jsTikTok = document.createElement('script'); [7] The child was pronounced dead at a local hospital. They contend Mariah died from injuries from a fall down the 14 steps of a steep staircase outside the family's apartment in the South Texas city of Harlingen. I'm responsible for it," she said, according to the petition. And that's as much as people want to know," he said. Texas Innocent Project. under such coercive conditions. "We promised #MelissaLucio and her family we'd do everything we can do to prevent this irreversible injustice from taking place later this month,"Leach wrote Thursday on Twitter. All she had was us," she said. Greg Abbott and other elected officials to stop her execution. This undated handout photo provided by the Texas Department of Criminal Justice shows Melissa Lucio. Neave Criado who visited Melissa Lucio on death row earlier this week spoke at the conference about the bipartisan support her case has received. Following Mariah's death, Lucio was arrested and questioned for seven hours by Texas Ranger Victor Escalon without a lawyer present, and without receiving food or water. In a previous investigation into Lucio for alleged child neglect, Child Protective Services found that his youngest kids were frequently left in the care of their older, teenage siblings. Mariah was the twelfth child of Lucio. I believe that she should be in prison. "Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish and grief. They found out that Mariahs arm had been broken two to seven weeks before she died. Mariahs autopsy showed signs of a blood coagulation disorder, which causes profuse bruising throughout the body. Child Protective Services had previously investigated Lucio for allegations of child neglect, and they reported that Lucio's youngest children were often left in the care of their teenaged siblings. [1] Lucio's execution was set for April 27, 2022, but an appeals court granted her a stay on April 25, 2022. New evidence suggests the death may have been an accident - and today, the Texas Board of Pardons . If we had heard passionately from the defense defending her in some way, we might have reached a different decision," juror Johnny Galvan wrote in an affidavit. "I don't want to be in that room on April 27 to see her get executed," Michelle Lucio said. 27, 2022 for the 2007 death of Mariah. Bite mark analysis has been wholly discredited since Ms. Lucios trial because it has no scientific basis. [11][12] A pathologist, Dr. Norma J. Farley, testified that the childs autopsy indicated that she did not die from falling down stairs, and instead her injuries were consistent with a death from blunt force trauma. "I was not gonna admit to causing her death because I wasn't responsible," Lucio said. Alexander Molony Parents: Who Are Alexander Molony Parents? We're asking the governor and Board of Pardons and Paroles and the district attorney, which are the three [political] entities that can do something about this, to watch the filmbecause we believe anybody that watches this film will come away at least with doubt if not being convinced of Melissa's innocence," Bonowitz said. "The Innocence Project recognized the urgency that an innocent woman was headed for execution," Vanessa Potkin, director of special litigation for the organization, told ABC News. Texas lawmakers push for clemency or reprieve for Melissa Lucio, woman on death row accused of killing her child . Kim Kardashian has joined the fight to stop the execution of Melissa Lucio, a woman sentenced to the death penalty for the death of her 2-year-old daughter in 2007. However, pathologists who have reviewed the evidence have concluded that this testimony was false. See additional information. But worn down from a lifetime of abuse and the grief of. 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