Despite the defense's arguments, Lucio was found guilty of capital murder and later sentenced to death in 2008. 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. if(isYTTikTok == 1){ See additional information. 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. Based out of Brooklyn, New York, her work covers all things social justice, pop culture, and human interest. At times, they were homeless and relied on food banks for meals, according to the petition. 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. 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.. 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. 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. Neave Criado who visited Melissa Lucio on death row earlier this week spoke at the conference about the bipartisan support her case has received. But worn down from a lifetime of abuse and the grief of. An appeals court opinion detailed how an investigator said he "knew she did something" because of her demeanor. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. Lucio said that Mariah had fallen down a steep staircase during the family's move to a new apartment two days prior, but did not appear seriously injured, according to court records. They implied that if she did not confess, she wouldn't be allowed to attend Mariahs funeral. During the interrogation, Lucio claimed her innocence over 100 times before eventually saying, I guess I did it, when asked if she was responsible for Mariahs injuries. Mariahs autopsy showed signs of a blood coagulation disorder, which causes profuse bruising throughout the body. Selina believes her mother is guilty. He also stated that Lucio's execution would be a terrible tragedy. The Cameron Countys new district attorney, the courts, the Texas Board of Pardons and Paroles, and Gov. Lucio Successor Writ Application, at 136 (quoting David Thompsons Expert Report). "Mariah's death was a tragedy not a murder. Melissa , a documentary set to be released in 2020, is based on her case. All she had was us," she said. They look at who's the victim, what's the accused accused of doing? Research has shown that survivors of sexual abuse and violence, like Ms. Lucio, are even more vulnerable to. I'm responsible. No physical evidence showed otherwise. 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. HOUSTON During hours of relentless questioning, Melissa Lucio more than 100 times had denied fatally beating her 2-year-old daughter. She would be the first Latina to ever be executed in the state. She stated that he was often addicted to drugs and alcohol and was physically abusive. As the interrogation dragged on, Lucio told detectives that she had hit Mariah in the past, but did not say she killed the little girl. During the interrogation, officers berated and intimidated Ms. Lucio, who was pregnant and in shock from the loss of her child, for five hours. [22], In April 2022, a juror on the trial, Johnny Galvan Jr., wrote in the Houston Chronicle that he had wrongly succumbed to peer pressure during deliberations and had changed his vote from a life sentence to the death penalty. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. She died two days later. Prosecutors, however, painted a different picture. Lucio claimed Mariah had fallen down a flight of stairs two days prior and suffered the wounds. 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. "When I walked in, she was not making eye contact with the investigator. Shanda Crain, who was convicted of killing her parents in 1995 in Washington Parish, Louisiana, said in an academic paper that she found similarities between her case and Lucio's. [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. 2023byTango Publishing Corporation All Rights Reserved. Here are 5 things to . }); The content produced by YourTango is for informational and educational purposes only. The only person who abused my sister was my mother, Melissa Lucio, she claims in another video. 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 . In the documentary, Alexandra does not recall these alleged confessions. Lucio told police Mariah fell asleep and did not wake up. Lucio had been sexually assaulted multiple times, starting at age 6, and had been physically and emotionally abused by two husbands. Did OJ Simpson's Son Jason Kill Nicole Brown & Ron Goldman? Liza Soberano children: Does Liza Soberano Have Children? In shock and grieving the loss of her baby. They also say Lucio wasn't allowed to present evidence questioning the validity of her confession. In the 2020 documentary "The State of Texas vs. Melissa," Lucio said investigators kept pushing her to say she had hurt Mariah. It would be an absolutely devastating message for this execution to go forward. On February 17, 2007, paramedics were called to the Lucio residence because two-year-old Mariah was unresponsive and not breathing. under such coercive conditions. This undated handout photo provided by the Texas Department of Criminal Justice shows Melissa 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. Lucy Guarnera, an assistant professor at the University of Virginia who studies false confessions, said law enforcement often uses "behavioral lie detection" techniques that look at a person's actions to predetermine innocence or guilt. The tragic incident that took away a young life happened in her own house. At the time, Lucio said, the toddler didn't appear to be hurt, ABC News reported, citing court records. Shes guilty of abusing my sister which led to the death of my sister. Her inadvertent statement was then characterized by the prosecution as a confession to murder. Mariah's mother, Melissa Lucio was convicted of capital murder in this case. 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. Selina recalls her mother excluding Mariah, keeping her separate from her other children on a number of occasions. Studies have shown that even trained forensic dentists cant agree whether or not an injury is a bite mark. 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.". Thank you for visiting us. Lucio then had seven children with Robert Alvarez. Lucio was addicted to cocaine and tested positive shortly after Mariah was born; this prompted authorities to place her children in foster care. The Texas Attorney General's Office maintains evidence shows Mariah suffered the "absolute worst" case of child abuse her emergency room doctor had seen in 30 years. 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. [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 medical examiner also testified at trial that a mark on Mariahs body were bite marks. Guarnera said she believes a practice used by police in Europe, called the Peace model, would help people in situations similar to Lucio's. Because of this, they decided to take her children and put them in foster care. 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. Mariah Alvarez, daughter of Melissa Lucio, was a young little girl who lost her life at a very young age. The application also states that the state medical examiner who performed Mariah's autopsy was told that Lucio admitted to abusing the girl and was accompanied by two of the interrogating officers during the autopsy. 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. 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. Melissa Lucio Mariahs mother was found guilty of capital murder. Lucio's supporters have said her clemency request is similar in that her family would be retraumatized if she's executed. Guadalupe Lucio and Melissa Lucio had their first five children together when they were just 16 years old with their youngest daughter Lucio being the most recent addition. Keller, P.J., joined except for points 4 and 11, in which she concurs. "There are already police departments around the world who have this more investigatory, fact-finding model," Guarnera said. They used coercive methods known to produce false confessions. He spoke in emotional support of his mother at a press conference on Friday held by civic engagement nonprofit Somos Tejas, Texas state Rep. Victoria Neave Criado and other Texas state legislators saying that his family "hasn't been the same" since her incarceration. It was later discovered that Mariahs arm had been broken two to seven weeks prior to her passing away. She was sexually abused by family members beginning at the age of 6. "I guess I did it," Lucio responded when asked if she was responsible for some of Mariah's injuries. The action you just performed triggered the security solution. 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. [7] The child was pronounced dead at a local hospital. Alexander Molony Siblings: Who Are Alexander Molony Siblings? Convicted of murdering one of her 9 children, her 2 year old daughter, Mariah Alvarez. I have never seen a more troubling case than the case of Melissa Lucio," said state Rep. Jeff Leach, who signed the letter. On February 17 2007 paramedics came to the Lucio home because two-year-old Mariah was not breathing and didnt respond. Experts said these conditions are all risk factors that make a person more likely to falsely confess. ET:This article has been updated to reflect the latest news in this case. That's what crossed my mind. [26], On March 6, 2022, in the main segment of an episode of the HBO show Last Week Tonight with John Oliver called "Wrongful Convictions", her case was the main one to be mentioned as a reason for the reform of the American justice system and specifically, the abolition of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 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. He can grant clemency if a majority of the paroles board recommends it. 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. He says he didnt know about Mariah Alvarezs serious injuries before she passed away. Bite mark analysis has been wholly discredited since Ms. Lucios trial because it has no scientific basis. 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. "She was a good mother. [21] Lucio subsequently petitioned for clemency. 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. 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. Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. A mitigation specialist at trial named Norma Villanueva claims that Alexandra admitted during a family meeting in June 2008 that she was the reason Mariah fell down the stairs.. And 30 groups that work on behalf of the Latinx community in Texas have said they support clemency, too. "What am I going to say? Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. "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.". In the Hulu documentary, Melissa Lucio implies that her daughter Alexandra was responsible for Mariah's death. "Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish and grief. [8] She admitted to having spanked Mariah, but denied ever having abused her, which she repeated more than 100 times. 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. Texas death row inmate Melissa Lucio is set to be executed on April 27. Person who abused my sister joined except for points 4 and 11, in which she repeated more than times. Would be a terrible tragedy just performed triggered the security solution the medical examiner also testified trial. 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