He also stated that Lucio's execution would be a terrible tragedy. No physical evidence showed otherwise. Her father died when she was an infant, and the family moved to the Rio Grande Valley, where her mother had grown up, when she was a toddler. Melissa Lucio was born in Lubbock, Texas,[2] on June 18, 1969, according to court records. Melissa Lucio holds her daughter Mariah. While she was incarcerated, she gave birth to twins, making four total. "The fact that we are all here today and why almost 90 state representatives, the majority of the Texas House, have rallied behind this cause to save Melissa Lucio's life is because of the injustices in her case. I have never seen a more troubling case than the case of Melissa Lucio," said state Rep. Jeff Leach, who signed the letter. And 30 groups that work on behalf of the Latinx community in Texas have said they support clemency, too. Melissa Elizabeth Lucio, Texas. In the documentary, Alexandra does not recall these alleged confessions. 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. It would send a message that innocence doesn't matter," said Vanessa Potkin, one of Lucio's attorneys who is with the Innocence Project. Detectives rushed to judgment and, just two hours after Mariah died, took Ms. Lucio in for questioning. Lucio Successor Writ Application, at 136 (quoting David Thompsons Expert Report). 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. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. In 2019, a three-judge panel of the 5th U.S. During the interrogation, officers berated and intimidated Ms. Lucio, who was pregnant and in shock from the loss of her child, for five hours. [8] She admitted to having spanked Mariah, but denied ever having abused her, which she repeated more than 100 times. According to The Marshall Project, Crain, who maintains her innocence, wrote that she had flashbacks to her abusive husband when she was being yelled at by a detective. "There are already police departments around the world who have this more investigatory, fact-finding model," Guarnera said. Lucio claimed Mariah had fallen down a flight of stairs two days prior and suffered the wounds. Still a minor and unable to leave the abusive marriage, Ms. Lucio was trapped and developed a substance use problem. Paramedics were called and Lucio was quickly taken in for questioning about the death of her youngest child. And that's as much as people want to know," he said. Lucio, a mother of 14, is on death row for the 2007 murder of her two-year-old daughter, Mariah. Paramedics were called to the Lucio home on February 17, 2007, as two-year-old Mariah was not breathing and was unresponsive. They say he didnt take his daughter to the doctor when she needed it. 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. Detectives by law are also not allowed to lie to suspects. Lucio was addicted to cocaine and tested positive shortly after Mariah was born; this prompted authorities to place her children in foster care. Many family members and supporters say the girl's . "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. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. [1] Lucio's execution was set for April 27, 2022, but an appeals court granted her a stay on April 25, 2022. Isla Bryson Husband: Is Isla Bryson Married? All she had was us," she said. I believe that she should be in prison. They also claim that Cameron County District Attorney Armando Villalobos had previously been accused of inadequately investigating over 100 claims of child abuse. Among the tips is to make the victim feel safe, arrange for an advocate to be present in the room, express compassion and not interrupt the victim. 2023byTango Publishing Corporation All Rights Reserved. Advertisement : [emailprotected] "The ask is very specific. You can learn more about how we consider cases here. They implied that if she did not confess, she wouldn't be allowed to attend Mariahs funeral. "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. In a 2010 affidavit, one of Lucios sisters claimed to remember a different conversation in which Alexandra admitted to punching Mariah out of resentment for having to care for her while Lucio and her husband did drugs. The model was developed with the help of psychologists and takes a nonconfrontational approach to interrogations. Lucio, 40, of Harlingen was found guilty of capital murder for the death of her 21/2-year-old daughter, Mariah Alvarez. [9] She was then told by Escalon: "Right now, it looks like you're a cold-blooded killer. [7] The child was pronounced dead at a local hospital. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. 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. "Our campaign is called Free Melissa Lucio because we don't want to just save her, we want her out," Bonowitz said. The little girl's mother, Melissa Lucio, claimed her daughter, Mariah Alvarez, had abrasions on her back and was covered in bruises because of a fall down a steep set of 14 steps two days earlier outside the family's new apartment. Prosecutors, however, painted a different picture. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. Ms. Lucio endured abuse throughout her childhood and into her teenage years. 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. "We've had her interrogation reviewed by leading experts in interrogation and false confessions. Lucio's second-oldest daughter, 20 at the time of Mariah's death, said she told police and Lucio's lawyers that her 15-year-old sister would abuse Mariah when their parents weren't around . Lucio received the death penalty for the death of Mariah. In 2008 a Cameron County jury found Lucio guilty on one count of capital murder for causing the death of her daughter, Mariah Alvarez. 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. Ms. Lucio has maintained her innocence on death row for more than 14 years. Lucio's supporters have said her clemency request is similar in that her family would be retraumatized if she's executed. Melissa Lucio was sentenced to death in Texas after she confessed to beating her 2-year-old daughter, who later died. 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. [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. Eighty-three Texas representatives signed a letter asking that she be granted clemency. Ms. Lucio had nine more children, including Mariah. Experts said these conditions are all risk factors that make a person more likely to falsely confess. 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. "And we intend on keeping that promise.". Photos: Melissa Lucio Daughter Mariah Alvarez Autopsy - Melissa Lucio is the first Hispanic woman to receive a death sentence in the state of Texas. Join our mailing list to receive the latest news and updates from the Innocence Project: Ms. Lucio is facing execution on April 27 for a crime that never occurred. "[10], One of Lucio's sons was also questioned by law enforcement shortly after Mariah's death. "I guess I did it," Lucio responded when asked if she was responsible for some of Mariah's injuries. Greg Abbott to grant an execution reprieve or commute her sentence. 89.44.32.192 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. They look at who's the victim, what's the accused accused of doing? On the other hand, her lawyers have been claiming that she was wrongfully convicted of beating her own child. Death Penalty Action started the Free Melissa Lucio project shortly after Lucio was notified of her execution date. Three jurors and one alternate in Lucio's trial have signed affidavits expressing doubts about her conviction. Family photo via AP Prosecutors say Lucio fatally beat her 2-year-old daughter but Lucio has long denied that, saying Mariah died from injuries sustained during a fall down a flight of stairs. "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.". 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. As indicated by legal counsel at the Lucio Reassessment Watch group, Melissa is not at fault. Ms. Lucio got the death penalty but shes asking for a chance to appeal. However, Ms. Lucios husband perpetuated the cycle of abuse. 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. "And she was ashamed of what she did, and she had a hard time admitting to officers what had occurred. As two experts on false confessions have determined, due to the officers tactics and Ms. Lucios vulnerability, her incriminating statements are not a reliable confession of her guilt, but rather are a regurgitation of information relayed to her from investigators throughout the interrogation.. 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. Mariah was crying but did not appear to have any serious injuries, Lucio said. I'm responsible. She kind of just regurgitates it back, she says the same thing as they said to her because that's the easiest way out," she explained. Lucio told police Mariah fell asleep and did not wake up. They were returned to Lucio three months before Mariahs death. What we know today which we didnt know 15 years ago is that survivors of significant trauma and domestic abuse, like Ms. Lucio, are particularly vulnerable to the coercive police interrogation that Ms. Lucio endured for over five hours. Email: [emailprotected] So you respond to threats, you respond to violence, you respond to demands, you respond to the escalating voice by saying, 'Yes, yes, I'll do it,'" said Mindy Mechanic, a forensic psychologist and professor emeritus at California State University, Fullerton. On this Wikipedia the language links are at the top of the page across from the article title. Mariah Alvarez: Melissa Lucio Daughter Mariah Alvarez Autopsy Viral on Twitter & Reddit. 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. Read and share these key facts before Texas makes the irreversible mistake of killing an innocent woman. "[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. At Ms. Lucios trial, the medical examiner testified that the bruises and injuries on Mariahs body could only have been caused by abuse. Help us advocate for the innocent by sharing the latest news from the Innocence Project. Tema, Ghana, Phone: +233 24 137 5919 Keep up with her Twitter for more. Cloudflare Ray ID: 7a134b9f398d2f98 [17] This decision was subsequently overturned in an en banc hearing of the same court[18] and Lucio remained on death row. Three older children went to live in Houston with their father, and Lucio regained custody of the others in late 2006.[5]. Melissa Lucio and Robert Alvarez welcomed Mariah into the world in September 2004. }); The content produced by YourTango is for informational and educational purposes only. As Lucio's case hangs in the balance, a group of bipartisan Texas lawmakers led by Republican Rep. Jeff Leach is pleading with Gov. Okay, let's kill them. 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. She said that her boyfriend was often violent and used drugs and alcohol. However, the full court in 2021 said the conviction had to be upheld for procedural reasons, "despite the difficult issue of the exclusion of testimony that might have cast doubt on the credibility of Lucio's confession.". Neave Criado who visited Melissa Lucio on death row earlier this week spoke at the conference about the bipartisan support her case has received. My moms sisters said that she would get a lesser sentence if we said we abused my sister, Selina adds. Mariah was Lucio's twelfth child. 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's case was the subject of a 2020 documentary, The State of Texas vs. Melissa. You can email the site owner to let them know you were blocked. [25], A 2020 documentary by Sabrina Van Tassel titled The State of Texas vs. Melissa follows Lucio's case. 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. jsTikTok.type = 'text/javascript'; The hourslong interrogation ended with Lucio being coerced into confessing, her legal team has said, arguing that her past experiences with physical abuse and sexual assault made her susceptible to taking responsibility for her daughter's death even though, they said, she was innocent. ET:This article has been updated to reflect the latest news in this case. After several hours of interrogation, Lucio stated, "I guess I did it. In a letter last month to the Board of Pardons and Paroles and to Abbott, 83 Texas House members said executing Lucio would be "a miscarriage of justice.". , 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. Photo courtesy of the family of Melissa Lucio via AP. An Innocence Project petition calling for a stop to Lucio's execution has surpassed its goal, having received over 185,000 signatures. Selinas claims contradict the evidence presented in the case. [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. 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. However, the case of Melissa Lucio, who murdered her daughter after years of abuse, has sparked more debate than ever before. The Office of Justice Programs, an agency of the U.S. Department of Justice that focuses on crime prevention through research and development, said in a published report on interviewing domestic violence victims that detectives should "give credibility to the victim without expecting a high level of cooperation.". Studies have shown that even trained forensic dentists cant agree whether or not an injury is a bite mark. "There's so much more to it that happens way before the crime.". She said she believes she falsely confessed in part because of a learned fear of violence. Melissa , a documentary set to be released in 2020, is based on her case. I dont want her to be executed, she says. Child Protective Services was present in the family's life, but there was never an accusation of abuse by any of her children, Potkin said. Eighty-three Texas legislators from both sides of the aisle have signed a letter urging the governor and Texas Board of Pardon and Paroles to grant Ms. Lucio clemency. At 6 years old, she was sexually assaulted by one of her mother's partners, her legal team said in the clemency petition. Based out of Brooklyn, New York, her work covers all things social justice, pop culture, and human interest. Texas lawmakers push for clemency or reprieve for Melissa Lucio, woman on death row accused of killing her child . Lucio claims that starting when she was seven years old, her mothers boyfriend sexually abused her for approximately two years. 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