Abbott must undertake a meaningful review of Ms. Lucios innocence claim, the coercive tactics used in her interrogation, and the tragic circumstances of Mariahs accidental death, before an irreversible injustice occurs. if(isYTTikTok == 1){ The woman, Melissa Lucio, a mother of 14, was found guilty back in 2008 in the death of her 2-year-old daughter, Mariah. 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. CPS records used in the trial do not evidence that suggests Lucio was abusive. 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. HOUSTON During hours of relentless questioning, Melissa Lucio more than 100 times had denied fatally beating her 2-year-old daughter. jsTikTok.async = true; 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.". In this undated photograph, Melissa Lucio holds one of her sons, John. "And she was ashamed of what she did, and she had a hard time admitting to officers what had occurred. Her lawyers say this lifelong trauma made her susceptible to giving a false confession. 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. "Do it real hard," he said. [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. "The ask is very specific. 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. Many people accept that Lucio's case is a reasonable case of treason, while others accept that she deserved the sanctions. At Ms. Lucios trial, the medical examiner testified that the bruises and injuries on Mariahs body could only have been caused by abuse. Whitaker was convicted of masterminding the fatal shootings of his mother and brother. But this can be detrimental because "a lot of trauma symptoms look like these behavioral cues of lying," Guarnera said. 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. The project's petition, asking Cameron County District Attorney Luis V. Saenz to rescind the execution, has received over 44,000 signatures. On Feb. 8, attorneys for Ms. Lucio filed a motion to withdraw or modify her looming execution date, and on March 22, her legal team filed a petition for clemency to the governor and Texas Board of Pardons and Paroles. 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. Nearly all proven false confession cases have the following three things in common: As soon as police officers encountered Ms. Lucio, they misclassified her response to the grief and shock of her daughters death as indicative of guilt. [17] This decision was subsequently overturned in an en banc hearing of the same court[18] and Lucio remained on death row. This is an incredibly serious allegation that must be taken seriously and investigated thoroughly in order to ensure justice for a young girl whose life has already been so drastically impacted by such trauma. 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. 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. But Ms. Lucios life is still in jeopardy. 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. Lucio Successor Writ Application, at 136 (quoting David Thompsons Expert Report). Prosecutors, however, painted a different picture. On Wednesday, they visited Lucio at Mountain View Unit in Gatesville. He also stated that Lucio's execution would be a terrible tragedy. Lucio is seeking clemency as her April 27 execution date approaches. He then told Lucio that he would "help" her if she told him what he already knew. 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. Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. "[10], One of Lucio's sons was also questioned by law enforcement shortly after Mariah's death. 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. 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. Mariah was Lucio's twelfth child. "If you think about what's happening in an interrogation, that's a very parallel process.". TODR - 10 years. Mariah Alvarez: Melissa Lucio Daughter Mariah Alvarez Autopsy Viral on Twitter & Reddit. They say he didnt take his daughter to the doctor when she needed it. 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. Lucio was married at the age of 16 and had her first five children with Guadalupe Lucio. 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. In a video, a female officer asks the boy: "Did you see your sister fall down the stairs or did somebody tell you that she fell?" pic.twitter.com/QZc5YyJZvo (@truecrimewitch) January 15, 2019 Prosecutors say the now-53-year-old abused her daughter, Mariah, while Lucio maintains that her death was a result of injuries sustained from falling down a flight of stairs outside their Texas home. 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. The action you just performed triggered the security solution. Bite mark analysis has been. 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. No physical evidence showed otherwise. 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. The jury was deprived of key evidence to weigh: that is the point.. Because of this, they decided to take her children and put them in foster care. Her next partner, who was also abusive, repeatedly raped her, and threatened to kill her. 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. ", "Texas mother is set for execution as evidence suggests she did not kill her child", "I voted to sentence Melissa Lucio to death. Hours after Mariah's death, Lucio was interrogated by police for over five hours, according to her lawyers. 24/7 coverage of breaking news and live events. Despite the defense's arguments, Lucio was found guilty of capital murder and later sentenced to death in 2008. 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. 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. Ms. Lucio is a survivor of life-long, repeated sexual assault and domestic violence. [15], A 2011 appeal against the conviction was denied by the Texas Court of Criminal Appeals. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. He says he didnt know about Mariah Alvarezs serious injuries before she passed away. Calls are growing for Texas to stop the approaching execution of Melissa Lucio, who says she was wrongfully convicted of killing her toddler Mariah in 2007. But worn down from a lifetime of abuse and the grief of losing her daughter Mariah, her lawyers say, the Texas woman finally acquiesced to investigators. "When you get to this point, you find there's so many layers that most people aren't aware of and don't care about, frankly. 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. "Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish and grief. It would send a message that innocence doesn't matter," said Vanessa Potkin, one of Lucio's attorneys who is with the Innocence Project. "I guess I did it," police say Lucio told them. 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. Ms. Lucio endured abuse throughout her childhood and into her teenage years. Eighty-three Texas representatives signed a letter asking that she be granted clemency. Her husband and Mariah's father, Robert Alvarez, was sentenced to four years in prison for child endangerment. Abraham Bonowitz, co-founder and director of anti-death penalty advocacy group Death Penalty Action, said he believes that filmmaker Sabrina Van Tassel's Hulu documentary, "The State of Texas vs. Melissa," which follows Lucio as she appeals her case, speaks to her innocence. As her April 27 execution date nears, Lucio's lawyers are hopeful that new evidence, along with growing public support including from jurors who now doubt the conviction and from more than half the Texas House of Representatives will persuade the state's Board of Pardons and Paroles and Gov. Two more children (twins) were born while she was imprisoned. This undated handout photo provided by the Texas Department of Criminal Justice shows Melissa Lucio. On April 15, Ms. Lucios. 27, 2022 for the 2007 death of Mariah. [27] On April 17, 2022, in the main segment of another episode, called "Police Interrogations", Lucio's case was mentioned again as having every hallmark of a false confession.[28]. 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. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. The interrogating officers refused to hear the truth: that Melissa did not, and would not, ever hurt her children. After Mariah was born authorities found out that Lucio had taken cocaine. "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. 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. Mariah was Lucio's twelfth child. So right there and then, I knew she did something," he said. [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. Turn on desktop notifications for breaking stories about interest? 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. said, adding that an emergency room doctor said it was the "absolute worst" case of child abuse. They also say Lucio wasn't allowed to present evidence questioning the validity of her confession. In 2008 a Cameron County jury found Lucio guilty on one count of capital murder for causing the death of her daughter, Mariah Alvarez. tiktokscr.parentNode.insertBefore(jsTikTok, tiktokscr); Lucios defense team has pointed out many issues in the case that suggest Lucio never got a fair trial. Lucio had been sexually assaulted multiple times, starting at age 6, and had been physically and emotionally abused by two husbands. 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. Her dad passed away when she was a baby so her family moved to the Rio Grande Valley where her mother grew up when she was still a little kid. More than 130 Baptist, Evangelical and Catholic faith leaders in Texas, including the executive director of the Hispanic Baptist Convention of Texas and the director of the Rio Grande Valley Baptist Association, support clemency for Ms. Lucio. Melissa Lucio: 10 Facts You Should Know Ab 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. You can also receive help via online.rainn.org, which is available 24/7. "We've had her interrogation reviewed by leading experts in interrogation and false confessions. [3] Lucio says she was sexually abused by her mother's boyfriend for about two years, beginning when she was seven years old. 03/23/2022 by Anne Tyler Melissa Lucio, a middle-aged mother, was sentenced to death for allegedly killing her two-year-old son. This was an extremely common type of injury among toddlers that can result from a fall from standing height. "And we intend on keeping that promise.". And 30 groups that work on behalf of the Latinx community in Texas have said they support clemency, too. They also argued that a judge's order to exclude expert testimony on the effects of trauma had "deprived Melissa of the only means she had of explaining that, notwithstanding her demeanor and self-incriminating statements, she was innocent of her daughter's murder. She also spoke in one of her sisters TikToks and claimed that blame was placed on her in an attempt to free Lucio. They also claim that Cameron County District Attorney Armando Villalobos had previously been accused of inadequately investigating over 100 claims of child abuse. Lucio claimed that Alvarez had fallen down the stairs but it was quickly noted that Alvarez had suffered horrific abuse. Melissa , a documentary set to be released in 2020, is based on her case. 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 daughters death. Convicted of murdering one of her 9 children, her 2 year old daughter, Mariah Alvarez. The photos current inside and out . 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. 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. Lucio was found guilty of abusing and killing her two-year-old daughter, Mariah, in 2007. 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. This website is using a security service to protect itself from online attacks. . According to Selina, the documentary mischaracterizes the accusations against Lucio and adds to the belief that Lucio is innocent. Her lawyers say Lucio's sentence was disproportionate to what her husband and Mariah's father, Robert Alvarez, received. It stated that Lucio, who was pregnant with twins, was questioned by two armed detectives for more than five hours. Police contaminate the persons statement meaning they feed the innocent person crime facts or a specific narrative of guilt. And they found that her statements are completely unreliable, that they're a mere regurgitation of the words that the officers were feeding to her over the course of five hours," Potkin said. 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. We speak to one of Lucio's attorneys . Melissa Lucio was found guilty of a very serious crime called "capital murder". Here are 5 things to . Read and share these key facts before Texas makes the irreversible mistake of killing an innocent woman. Former Cameron County District Attorney Armando Villalobos, who was sentenced to 13 years in federal prison in 2014 for extortion in a case unrelated to Lucio's, described this statement as a confession during the trial. As indicated by legal counsel at the Lucio Reassessment Watch group, Melissa is not at fault. These conditions led her to be manipulated into admitting she caused her daughter's death despite Lucio asserting her innocence over 100 times throughout the interrogation, according to her lawyers. window.addEventListener('scroll', function() { Alice Kelly is a senior news and entertainment editor for YourTango. Lucio, 40, of Harlingen was found guilty of capital murder for the death of her 21/2-year-old daughter, Mariah Alvarez. You can learn more about how we consider cases here. 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. Michelle Lucio, John's wife who knew Melissa Lucio prior to her conviction, recalled the conversations with her during their visits in prison. 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. Ms. Lucio got the death penalty but shes asking for a chance to appeal. Trial jurors, forensic experts, and Texas lawmakers push for Lucio's life to be spared ahead of her April 27 execution. [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. "She was not evil. Based out of Brooklyn, New York, her work covers all things social justice, pop culture, and human interest. Advertisement : [emailprotected] [14], Forensic pathologist Dr. Thomas Young, the former chief medical examiner in Kansas City, Missouri, reviewed the case at the request of Lucio's post-conviction attorney. Hundreds of anti-domestic violence/sexual assault organizations and 18 Texas exonerees have voiced support for clemency for Ms. Lucio. In the similar case of Manuel Velez, a man who was initially convicted for murdering a one-year-old baby and whose death sentence was overturned after further investigation, Farley's conclusions had also been contradicted by other medical experts. Alexander Molony Children: Does Alexander Molony Have A Child? "I don't want to be in that room on April 27 to see her get executed," Michelle Lucio said. [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. 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 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. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. Prosecutors said that Mariah's injuries were the result of physical abuse, while Lucio's attorneys say that her death was caused by a fall down the stairs two days prior. "Lucio still advances no evidence that is reliable and supportive of her acquittal," the office wrote in court documents last month. Tema, Ghana, Phone: +233 24 137 5919 Grants Clemency To Julius Jones Hours Before Scheduled Execution Amid Public Pressure. 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. Melissa Elizabeth Lucio (born June 18, 1969) is the first woman of Hispanic descent to be sentenced to death in the U.S. state of Texas. 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. IE 11 is not supported. Melissa Lucio was first sentenced to death in 2008 for the death of her 2-year-old daughter, Mariah Alvarez. 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. As noted in the appeals court opinion document, one of the investigators described Lucio's behavior. RELATED: Oklahoma Gov. Abbott and the Board of Pardons and Paroles. Many family members and supporters say the girl's . The toddler had a mild physical disability that made her unstable while walking and prone to tripping. While she was in prison she gave birth to twins which made a total of four children. If a majority of the Board of Pardons and Paroles were to recommend it, Governor Greg Abbott could grant clemency. Lucio, who is an inmate on Texas death row, is set to be executed on Apr. "I was not gonna admit to causing her death because I wasn't responsible," Lucio said. 27, 2022 for the 2007 death of Mariah. The district attorney's office said in a statement to the Brownsville Herald that Mariah had been "severely beaten," had "bruises in various states of healing covering her body" and had missing portions of her hair. Liza Soberano children: Does Liza Soberano Have Children? An appeals court opinion detailed how an investigator said he "knew she did something" because of her demeanor. Lucio regained custody of the other kids in late 2006 after three older kids moved in with their father in Houston. , 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. A juror from the trial has since expressed concerns and regret over the verdict, according to the Innocence Project. There is now evidence that all three of these things happened in Ms. Lucios case. Photos: Melissa Lucio Daughter Mariah Alvarez Autopsy. Isla Bryson Parents: Who Are The Parents Of Isla Bryson? Abbott can grant a one-time, 30-day reprieve. Melissa Lucio, only Latina on Texas death row, seeks clemency as execution looms. I'm responsible for it," she said, according to the petition. Unfortunately for her, this is also around the time that she claims to have been sexually abused by her mothers boyfriend for two years starting at age seven. She said that her boyfriend was often violent and used drugs and alcohol. Cloudflare Ray ID: 7a134b9f398d2f98 She had her head down. The Cameron County District Attorneys Office reports that Mariah was discovered at the residence with physical evidence of abuse. I was wrong", "I am sending a letter to Governor @GregAbbot_Tx", "Texas death row prisoner Melissa Lucio granted stay of execution", "Hulu Acquires U.S. Rights to Tribeca Documentary, https://en.wikipedia.org/w/index.php?title=Melissa_Lucio&oldid=1139933110, Articles with failed verification from December 2022, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 17 February 2023, at 16:02. 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. Selina recalls her mother excluding Mariah, keeping her separate from her other children on a number of occasions. More are learning about Ms. Lucios case and advocating for her each day. They used coercive methods known to produce false confessions. 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