According to an interrogation with Lucio about the death of their then-youngest child, Mariah fell down a flight of stairs in February 2007 while the family was moving. 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 . This makes my day, he said. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. Did you encounter any technical issues? 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. In an undated photo, Melissa Lucio is pictured with one of her young children. The wounds never fully healed. 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 later told police that when she realised that Mariah was no longer inside the unit, she left to look for her and found her crying by the staircase, with a bit of blood on her lower teeth. hide caption. 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. It was potentially one of the last times he would see her alive. Speaking at the press conference, Keith responded to Saenzs statement. Melissa Lucio has fourteen kids as of 2021. AMY GOODMAN: Melissa Lucio is a mother of 14 children. When the . On April 27, 53-year-old Melissa Elizabeth Lucio is scheduled to be strapped to a gurney in the Texas execution chamber and given a lethal dose of drugs. Read about our approach to external linking. "We ask you not to tear those wounds open again. The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. On April 25, 2022, the Texas court granted a stay of execution and directed the Cameron County 138th Circuit Court to review Lucios case with new evidence of her innocence regarding the death of her daughter Mariah. As per the data, Melissa Lucio is only 5 feet 2 inches tall. 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 . It simply has not been the same in the past 15 years," he said. Two days later, Mariah went to sleep and didnt wake up. State Rep. Jeff Leach said, "As a conservative Republican myself who has long been a supporter of the death penalty in the most heinous cases, I have never seen I have never seen a more troubling case than the case of Melissa Lucio.". 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 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. But jurors didn't hear testimony from any of Lucio's kids. Police blamed Lucio for . Lawyers hope new evidence can stop Texas woman Melissa Lucio's execution. Lucio and her attorneys have not had success in reversing the initial verdict. 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.". Learn how your comment data is processed. At times, they were homeless and relied on food banks for meals, according to the petition. "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. Melissa Elizabeth Lucio is the talk of the town after being the first woman of Hispanic descent in Texas to be sentenced to death. "It looks from the outside like somebody has gotten, say, punched," said Schardl. 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. 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. "We ask you not to tear those wounds open again. 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 . Even after none of her children accepted their mothers physical abuse from Lucio, the police and pathologists continued to claim that Mariahs death was not a result of the fall from the stairs. As fast as my heart was pacing, thats how fast I was driving, John later told reporters at a press conference. At this time, it remains unclear if Lucio's execution will be overturned. In 2019 the 5th U.S. Luciano asked Bobby Alvarez, "What would it mean to you to have your mom back with you? Have you heard the news? In 2008, she was found guilty of murdering her 2-year-old daughter. he asked. 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. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. 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. "You know, it's my mom. Two days later, her father called police when Mariah suddenly stopped breathing. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. The BBC is not responsible for the content of external sites. 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. 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. by Jolie McCullough March 24, 2022 3 PM Central. That is wonderful. Video, Record numbers of guide dog volunteers after BBC story, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, China and Belarus call for peace in Ukraine, Bieber cancels remaining Justice world tour dates, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA, Ruling party wins Nigeria's presidential election. 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. The second claim says new scientific evidence would prevent Lucios conviction. Texas is scheduled to execute Melissa Lucio next month. Lucio, a . John has organised sitdowns seeking the release of his mother and said he will continue fighting. Are you serious!? Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. appreciated. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Oh my God. Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. The fourth claim argues the state suppressed evidence favorable to her defense, violating her rights to due process. "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.". On 25th April 2022, the Texas Court issued a stay of execution and ordered the 138th Judicial District Court of Cameron County to consider new evidence in the case of Lucio for her innocence regarding the death of her daughter Mariah. She said she was constantly sexually abused by her first husband, who later left and separated with her five children. Melissa Lucio [represents] everything society despises she's a woman, Hispanic, poor, she has 14 children. Specifically, the question is whether false testimony, faulty forensic practices, and hidden evidence tainted her conviction. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. Melissa Lucio (Provided by the Lucio family) Lucio and her children struggled through poverty. Greg Abbott to spare their mom's life. She saw Mariah at the bottom with a bleeding lip, but she otherwise didn't appear to be seriously injured. 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. Her family and friends are protesting her punishment and claim she . John Oliver, the comedian, featured the case in a segment on wrongful convictions on his HBO news programme last month, and Kim Kardashian earlier this month tweeted a letter to the Texas governor signed by nine of Melissa's children pleading for her life to be spared. Lucio was convicted for the death of her daughter Mariah Alvarez. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". "Ever since this accident took place, there has been a great division amongst us. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. Circuit Court of Appeals ruled Lucio had been deprived of "her constitutional right to present a meaningful defense," and overturned her conviction. 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 . More than a quarter of people exonerated by the Innocence Project in recent decades had confessed to the crime they allegedly committed, as Science reported. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. But two days before the 53-year-old mother of 14 children was due to be executed, she was given a second chance. 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. Instead, police subjected Lucio to a punishing late-night interrogation lasting more than five hours. Who would hold party elites accountable to the values they proclaim to have? The Board then announced it would not vote at that time. There were also allegations of corruption on the part of the prosecution, which did not figure into the case. She received abuse throughout her childhood and teenage years. Hawara: 'What happened was horrific and barbaric'. The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. ? she exclaimed through tears. Lucio's current lawyers say new evidence shows that Mariah's injuries, including the blow to the head, were caused by a fall down a steep staircase, as Melissa and some of her children have . Prosecutors at her . Melissa Lucio was born on 18th July 1968 in Lubbock, Texas. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. Prosecutors at trial argued Lucio, now 53, was an abusive mother who caused the injuries that led to her daughter Mariahs death. Potkin said that now is a complicated time emotionally for Lucio. At least for now. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . Melissa Lucio was repeatedly raped as a child, became a child bride at 16 and had 14 children to two abusive partners (The State of Texas vs. Melissa/ Hulu/ Sabrina Van Tassel) "The older ones, we were more or less of age, we were the losers," he said woefully. She is the mother of 14 children, including Mariah. At the time of the abuse, she was merely 6 years old and could not do anything, but the conditions remained the same for at least two 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. 2023 BBC. One of her other daughters, Adriana, stands at left. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. "I am not here to shout," he said. As a result, they argue, in part, executing her would violate constitutional guarantees of a right to protection from cruel and unusual punishment. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. Greg Abbott to spare their mom's life. 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. And despite Mondays stay of execution, she remains on death row, Vanessa Potkin, director of special litigation at the Innocence Project, said in a news conference Monday. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. Aside from Texas legislators and the celebrity Kim Kardashian, Lucios arguments were also enough to convince at least five of her jurors to come forward publicly to call for her execution to be stopped and for a new trial based on evidence they never heard. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. Joining is simple and doesnt need to cost a lot: You can become a sustaining member for as little as $3 or $5 a month. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. Copyright 2023 CBS Interactive Inc. All rights reserved. His younger siblings were taken in by cousins, and many did well after leaving school. AP In 2008, Melissa Lucio was sentenced to death in Texas for the murder of her 2-year old daughter Mariah, who died two days after a tragic fall down a flight of stairs. But it seems the relentless pressure from activists and lawmakers, combined with the mounting evidence of Lucios innocence, was too much to simply ignore. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. "Are you a cold-blooded killer?" He told "CBS Mornings" correspondent Lilia Luciano that he decided to get the tattoo, "because, you know, it's close to my heart. What does that mean?. 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. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. "I'll make a decision once it comes to me," Abbott told KRGV, an ABC News affiliate in the Rio Grande Valley. January 25, 2022, 9:34 AM, CST. Published May 2, 2022 10:56 a.m. PDT. 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 was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. Save my name, email, and website in this browser for the next time I comment. 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.". After her conviction for Mariah's murder, Melissa's children were taken from her care. 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 . Her lawyers argue that credible science demonstrates that Mariahs death was caused by an accident and that Lucio was sentenced to death for a crime that never happened. The news was celebrated by Lucio, her attorneys and her family, including her son Bobby Alvarez, who told reporters he and his siblings were trying to decide what to do for Mothers Day. FilmRise. "That is what I cherish the most. Who is Melissa Lucio? ", Now, the power to save Lucio lies in the hands of Texas' Republican Governor Greg Abbott, the Board of Pardons and Parole, and the current Cameron County District Attorney, Luis V. Saenz, whose office said in a statement to CBS News: "A jury of (Lucio's) peers rendered to her a verdict. The court has produced allegations of capital murder against her after the death of her two-year-old daughter named Mariah. It came as it was revealed that Lucio and her children struggled through poverty. She says she was wrongfully convicted of killing her 2-year-old daughter Mariah after a tragic accident in 2007. Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. While she technically remains on death row, her case is due to be reviewed again. If the execution goes ahead, she would be the first Latina to be executed in the state of Texas. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. In 2014, Villalobos was sentenced to 13 years in federal prison for racketeering and extortion. As of 2021, Melissa has been on death row for 13 years. 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. And that's what we're hoping for.". 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