"Mariah's death was a tragedy not a murder. And experts who have reviewed Ms. Lucios case, including her interrogation records, have concluded that Ms. Lucio was relentlessly pressured and extensively manipulated during the interrogation. However, pathologists who have reviewed the evidence have concluded that this testimony was false. 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. Mariah's mother, Melissa Lucio was convicted of capital murder in this case. Greg Abbott and other elected officials to stop her execution. Melissa , a documentary set to be released in 2020, is based on her case. All she had was us," she said. That's what crossed my mind. The medical examiner also testified at trial that a mark on Mariahs body were bite marks. Lucio, who is an inmate on Texas death row, is set to be executed on Apr. The tragic incident that took away a young life happened in her own house. April 7, 2022, 9:13 AM, CDT Fourteen years ago, Melissa Lucio was sentenced to death for killing the youngest of her 12 children, Mariah, in Harlingen. Melissa Lucio and Robert Alvarez became parents to Mariah in September 2004. Photos: Melissa Lucio Daughter, Mariah Alvarez Autopsy In the U.S. state of Texas, Melissa Lucio is the first woman of Hispanic descent to receive a death sentence. The omission of this crucial evidence was particularly damaging because the prosecution had a weak case for capital murder, and an even weaker case for a death sentence. At 6 years old, she was sexually assaulted by one of her mother's partners, her legal team said in the clemency petition. Mariah fell down a flight of stairs while the family was moving homes on Feb. 15, 2007. Whitaker was convicted of masterminding the fatal shootings of his mother and brother. hide caption. ", "Her execution date looming, a mother maintains innocence in 2-year-old daughter's death", "Execution date set for Harlingen mom for murdering daughter", "Melissa Lucio execution - latest: Kim Kardashian appeals to Texas governor as juror says death sentence wrong", "Death row mum-of-14 hopes new videos could clear her of toddler's fatal fall", "Texas Set to Execute Melissa Lucio Despite Credible Claims of Innocence", "Former Cameron County District Attorney Armando Villalobos Sentenced To Federal Prison In Connection With South Texas Bribery Scheme", "Harlingen woman faces April execution for daughter's 2007 murder", "Melissa Elizabeth Lucio v. The State of Texas (concurring)", "Federal Appeals Court Overturns Mother's Conviction in Texas Child Murder Case That May Have Been an Accidental Death", "Divided Federal Appeals Court Reinstates Death Sentence for Texas Mother of Child Who May Have Died in Accidental Fall", "Court Findings of Fact and Conclusions of Law: Manuel Velez", "A Texas mother could be executed in April. Ms. Lucio got the death penalty but shes asking for a chance to appeal. Convicted of murdering one of her 9 children, her 2 year old daughter, Mariah Alvarez. A spokeswoman for Abbott's office did not return an email seeking comment. Minyvonne Burkeis a senior breaking news reporter for NBC News. Death Penalty Action started the Free Melissa Lucio project shortly after Lucio was notified of her execution date. under such coercive conditions. Abbott has granted clemency to only one death row inmate, Thomas Whitaker, since taking office in 2015. The photos current inside and out . She had numerous bruises, bite marks on her back, pulled-out hair patches, and a broken arm. See additional information. According to court documents, Melissa Lucio was born on June 18, 1969, in Lubbock, Texas. The Cameron County District Attorneys Office reports that Mariah was discovered at the residence with physical evidence of abuse. "What am I going to say? 2023 Innocence Project. In late 2006 Lucio got back the other kids after three older kids went to live with their father in Houston. In 2016, in recognition of the fact that bite mark evidence lacks scientific validity and following the exoneration of a man in Texas convicted based on faulty bite mark evidence, the Texas Forensic Science Commission recommended a state-wide moratorium on the use of bite mark evidence in criminal cases. In a now-deleted tweet, Kardashian described the crime as a tragic accident. However, some of Lucios children have spoken out, insisting that their mother is guilty. Her lawyers say Lucio's sentence was disproportionate to what her husband and Mariah's father, Robert Alvarez, received. 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. A juror from the trial has since expressed concerns and regret over the verdict, according to the Innocence Project. The jury was deprived of key evidence to weigh: that is the point.. 89.44.32.192 Two more children (twins) were born while she was imprisoned. Afterward, Lucio had seven kids with Robert Alvarez. Her next partner, who was also abusive, repeatedly raped her, and threatened to kill her. Lucio's case was the subject of a 2020 documentary, The State of Texas vs. Melissa. 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. She had her head down. It would be an absolutely devastating message for this execution to go forward. Okay, let's kill them. . He is accused of neglecting to take his daughter to the doctor. Lucio and her children struggled through poverty. The officers relied on their presumptions about how a mother should act in this tragic scenario and their gut-feeling, without a thorough forensic examination of the evidence to draw an unscientific presumption of guilt, which then created tunnel vision of investigators and the interrogating officers. 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. Her lawyers say this lifelong trauma made her susceptible to giving a false confession. , in recognition of the fact that bite mark evidence lacks scientific validity and following the exoneration of a man in Texas convicted based on faulty bite mark evidence, the Texas Forensic Science Commission recommended a state-wide moratorium on the use of bite mark evidence in criminal cases. [7] The child was pronounced dead at a local hospital. He can grant clemency if a majority of the paroles board recommends it. Because of this, they decided to take her children and put them in foster care. If I could take back my vote, I would, Johnny Galvan Jr., one of the jurors in Ms. Lucios case, wrote in, An innocent person is misclassified as a guilty suspect, Police coerce an innocent person into falsely incriminating themselves. 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. The International Association of Chiefs of Police, a Virginia-based association for police leaders, has a guide on the best practices law enforcement should follow for successful trauma-informed interviewing. Mariah was crying but did not appear to have any serious injuries, Lucio said. Ms. Lucio has maintained her innocence on death row for more than 14 years. 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. Attempts to reach Crain were unsuccessful. "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. Five of Lucios children were not living with her at the time of Mariah's death. I am now convinced that the jury got it wrong and I know that there is too much doubt to execute Lucio. Her lawyers say that statement was wrongly interpreted by prosecutors as a murder confession tainting the rest of the investigation into Mariah's 2007 death, with evidence gathered only to prove that conclusion, and helping lead to her capital murder conviction. Lucio claimed that Alvarez had fallen down the stairs but it was quickly noted that Alvarez had suffered horrific abuse. Courtesy of the family of Melissa Lucio via AP, Do Not Sell or Share My Personal Information. No physical evidence showed otherwise. They look at who's the victim, what's the accused accused of doing? Liliana Segura, Jordan Smith. Ms. Lucios execution for April 27, for a crime that never occurred. Court documents show that prosecutors argued at Lucio's trial that she had repeatedly abused Mariah and killed her by hitting her in the head. It would send a message that innocence doesn't matter," said Vanessa Potkin, one of Lucio's attorneys who is with the Innocence Project. Circuit Court of Appeals overturned Lucio's conviction, ruling she was deprived of "her constitutional right to present a meaningful defense." Hours after Melissa Lucio's 2-year-old daughter died in 2007, Texas Rangers took Lucio to an interrogation room where they yelled at her, threatened her and showed her pictures of her dead child, her attorneys said. It's like Cameron County prosecutor Alfredo Padilla said "the decision was based on evidence and evidence alone". [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. 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. And 30 groups that work on behalf of the Latinx community in Texas have said they support clemency, too. The woman, Melissa Lucio, a mother of 14, was found guilty back in 2008 in the death of her 2-year-old daughter, Mariah. In particular, the jury never learned about the extent of Ms. Lucios history of child sexual abuse and domestic violence and how it shaped her reactions immediately following her daughters death. Ms. Lucio endured abuse throughout her childhood and into her teenage years. Call Gov. If you have experienced sexual abuse and want to speak to someone, call the free and confidential National Sexual Assault hotline (1-800-656-HOPE or 1-800-656-4673). She is . Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and . According to the Cameron County District Attorney's Office, Mariah was found at the home with signs of abuse on her body. [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 Texas Rangers did not respond to repeated phone calls and emails for comment about the case. 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. [1][19], In August 2021, an amicus brief was filed on Lucio's behalf by a group consisting of legal scholars, experts on violence against women, and representatives from sixteen organizations that combat violence against women. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. . Family photo via AP She was just struggling. 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. MELISSA ELIZABETH LUCIO, Appellant v. THE STATE OF TEXAS ON DIRECT APPEAL CAUSE NUMBER 07-CR-885-B IN THE 138TH JUDICIAL DISTRICT COURT CAMERON COUNTY Hervey, J., delivered the opinion of the Court in which Meyers, Johnson, Keasler, Cochran, and alcala, JJ., joined. On the other hand, her lawyers have been claiming that she was wrongfully convicted of beating her own child. Please consult your doctor before taking any action. 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. Mariah was the twelfth child of Lucio. You know? Selina believes her mother is guilty. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. 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. Bite mark analysis has been. 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. Lucio told police Mariah fell asleep and did not wake up. Lucio regained custody of the other kids in late 2006 after three older kids moved in with their father in Houston. Please spare the life of our mother," Lucio's children wrote in a letter to Abbott and the board. "https:" : "http:") + '//www.tiktok.com/embed.js'; In the documentary, Alexandra does not recall these alleged confessions. We speak to one of Lucio's attorneys . Selina claims that none of her other siblings were abusive towards Mariah. a habeas petition with the Texas Court of Criminal Appeals seeking a stay of her execution and arguing that she deserves a new trial because she is innocent and the State relied on false evidence,and hid favorable evidence, to convict her. "My mother is an innocent woman. I believe that she should be in prison. She was interrogated for five hours by armed police officers who reportedly berated her. Melissa Lucio, only Latina on Texas death row, seeks clemency as execution looms. She says in another video that she never witnessed physical abuse, only her mother pinching Mariah or excluding her but says she later became aware that other physical abuse was happening. During the interrogation, officers berated and intimidated Ms. Lucio, who was pregnant and in shock from the loss of her child, for five hours. CPS records used in the trial do not evidence that suggests Lucio was abusive. Research has shown that survivors of sexual abuse and violence, like Ms. Lucio, are even more vulnerable to falsely confessing under such coercive conditions. Alexander Molony Girlfriend: Who Is Alexander Molony Girlfriend? Nearly 1 in 3 exonerated women were wrongly convicted of harming children or other loved ones in their care and over 70% were wrongly convicted of crimes that never took place at all events that were accidents, deaths by suicide, or fabricated according to data from the National Registry of Exonerations. Lucios defense team has pointed out many issues in the case that suggest Lucio never got a fair trial. Grants Clemency To Julius Jones Hours Before Scheduled Execution Amid Public Pressure. She said she believes she falsely confessed in part because of a learned fear of violence. Mariahs autopsy showed signs of a blood coagulation disorder, which causes profuse bruising throughout the body. In shock and grieving the loss of her baby the youngest of her 12 children at the time Ms. Lucio was taken into police custody and immediately blamed for her daughter's death. Lucio says she regrets the confession and her advocates suggest that police and prosecutors were wrong to assume that she was the only one in the home capable of abusing Mariah. When she was a toddler, the family moved to the Rio Grande Valley, where her mother had grown up, after her father passed away when she was still an infant. Lucio then had seven children with Robert Alvarez. The local hospital declared the child dead. Two of the officers who interrogated Ms. Lucio were present at Mariahs autopsy, leading to a biased autopsy process, and an incomplete investigation into Mariahs health history and causes of her injuries and death. Andy Griffiths, a former senior investigating officer with the U.K. police, wrote in a 2012 article that the Peace model trains officers to focus on "probing a suspect's account" instead of trying to force a confession. [9] She was then told by Escalon: "Right now, it looks like you're a cold-blooded killer. "And we intend on keeping that promise.". 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. Texas Innocent Project. Greg Abbott to grant an execution reprieve or commute her sentence. He is now serving a 13-year federal prison sentence for bribery and extortion. 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