He concluded that Dr. Farley appeared to have jumped to wrong conclusions. The Innocence Project notes that Lucio was pregnant with twins at the time and was likely overwhelmed and grief-stricken after Mariahs death. var jsTikTok = document.createElement('script'); Greg Abbott to grant an execution reprieve or commute her sentence. [4], Mariah Alvarez was born to Melissa Lucio and Robert Alvarez in September 2004. 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. Detectives rushed to judgment and, just two hours after Mariah died, took Ms. Lucio in for questioning. Mariah was the twelfth child of Lucio. As noted in the appeals court opinion document, one of the investigators described Lucio's behavior. Unable to be resuscitated, her daughter was later pronounced dead at the hospital. Prosecutors, however, painted a different picture. At one point, a ranger got within inches of Lucio's face and said there was evidence that did not look good, the petition stated. However, pathologists who have reviewed the evidence have concluded that this testimony was false. Two more children (twins) were born while she was imprisoned. Child Protective Services found that Lucios younger children were often left with their older siblings during a previous investigation into her for neglecting her children. The death penalty is wrong. 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. [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]. The State of Texas has scheduled Ms. Lucios execution for April 27, for a crime that never occurred. Selina claims that none of her other siblings were abusive towards Mariah. At the time, Mr. Villalobos was seeking re-election, and came under fire for failing to thoroughly investigate or prosecute more than 100 previous allegations of child abuse. Lucio received the death penalty for the death of Mariah. At Ms. Lucios trial, the medical examiner testified that the bruises and injuries on Mariahs body could only have been caused by abuse. She was interrogated for five hours by armed police officers who reportedly berated her. A spokeswoman for Abbott's office did not return an email seeking comment. Experts said these conditions are all risk factors that make a person more likely to falsely confess. Photo courtesy of the family of Melissa Lucio via AP. Lucio claimed that Alvarez had fallen down the stairs but it was quickly noted that Alvarez had suffered horrific abuse. 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. 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. 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. The state argued that Lucio confessed to a pattern of abusing Mariah and to inflicting fatal blows to the . since Ms. Lucios trial because it has no scientific basis. Mariah's mother, Melissa Lucio was convicted of capital murder in this case. ET:This article has been updated to reflect the latest news in this case. [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. "And she was ashamed of what she did, and she had a hard time admitting to officers what had occurred. I am now convinced that the jury got it wrong and I know that there is too much doubt to execute Lucio. It would send a message that innocence doesn't matter," said Vanessa Potkin, one of Lucio's attorneys who is with the Innocence Project. 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. 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. Ms. Lucio has maintained her innocence on death row for more than 14 years. Lucio is now fighting to stop her April 27 execution date. A woman facing execution in Texas for killing her daughter is seeking clemency, claiming she was coerced into confessing to the crime. Please spare the life of our mother," Lucio's children wrote in a letter to Abbott and the board. FilmRise By Maurice Chammah The detective handed Melissa Lucio a plastic doll and asked her to spank it. CPS records used in the trial do not evidence that suggests Lucio was abusive. 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. [15], A 2011 appeal against the conviction was denied by the Texas Court of Criminal Appeals. Courtesy of the family of Melissa Lucio via AP, Do Not Sell or Share My Personal Information. 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. 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. Lawyers for Lucio deny those claims and say the bruising was a result of the fall. They implied that if she did not confess, she wouldn't be allowed to attend Mariahs funeral. 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. According to the Cameron County District Attorney's Office, Mariah was found at the home with signs of abuse on her body. Five of Lucios children were not living with her at the time of Mariah's death. tiktokscr.parentNode.insertBefore(jsTikTok, tiktokscr); Death Penalty Action started the Free Melissa Lucio project shortly after Lucio was notified of her execution date. Lucio, who is an inmate on Texas death row, is set to be executed on Apr. Mechanic agreed, describing dissociation as a coping mechanism. See additional information. Your IP: "When I walked in, she was not making eye contact with the investigator. Additionally, court documents state that the emergency room physician said he had not seen a case of child abuse worse than Mariah's. She had scattered bruising, bite marks on her back, patches of hair that had been pulled out, and a broken arm. Alice Kelly is a senior news and entertainment editor for YourTango. She had her head down. They found out that Mariahs arm had been broken two to seven weeks before she died. Mariah was the twelfth child of Lucio. I have never seen a more troubling case than the case of Melissa Lucio," said state Rep. Jeff Leach, who signed the letter. The Cameron County District Attorneys Office reports that Mariah was discovered at the residence with physical evidence of abuse. Melissa Lucio's daughter Mariah Alvarez's autopsy photos got released earlier, and the results are unconvincing to experts like Dr. Thomas Young. Advertisement : [emailprotected] "There are already police departments around the world who have this more investigatory, fact-finding model," Guarnera said. She says she was coerced to confess by a Texas Ranger during her interrogation. 89.44.32.192 Ms. Lucio received a death penalty sentence and is appealing. Three older children went to live in Houston with their father, and Lucio regained custody of the others in late 2006.[5]. Isla Bryson Parents: Who Are The Parents Of Isla Bryson? But Ms. Lucios life is still in jeopardy. 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. Trauma victims who dissociate may not fully grasp the severity of the situation they are in so "they're not going to be able to track and pay attention as carefully and this can make you potentially prone to accepting suggestions from officers," Guarnera said. Two days later, she took a nap and didnt wake up. Mariah Alvarez was born to Melissa Lucio and Robert Alvarez in September 2004. Lucio regained custody of the other kids in late 2006 after three older kids moved in with their father in Houston. Lacking solid physical evidence, Cameron County District Attorney Armando Villalobos presented Ms. Lucios conciliatory statement to the jury as a confession to homicide and sought the death penalty. It would be an absolutely devastating message for this execution to go forward. 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. var tiktokscr = document.getElementsByTagName('script')[0]; He got a four-year sentence for causing injury to a child by omission even though he also was responsible for Mariah's care, Lucio's lawyers argue. 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. [13], Lucio was pregnant with twins at the time of Mariah's death, and authorities compelled her to place them for adoption after delivering them while in jail. His father, who survived, led the effort to save Whitaker, saying he would be victimized again if his son was executed. Because of this, they decided to take her children and put them in foster care. This website is using a security service to protect itself from online attacks. "My mother is an innocent woman. Melissa Lucio was sentenced to death, July 10, 2008, in Brownsville, Texas. 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. Please avoid sharing any personal information in the comments below and join us in making this a hate-speech free and safe space for everyone. In this undated photograph, Texas death row inmate Melissa Lucio is holding her daughter 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. To date, over 100 bipartisan Texas lawmakers signed letters urging the Texas Board of Pardons and Paroles to recommend clemency for Melissa. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. Her husband and Mariah's father, Robert Alvarez, was sentenced to four years in prison for child endangerment. 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. Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. She is . 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. Web: www.ghgossip.com, About Us Contact Advertise Privacy Policy, Get To Know Neil Wagner: Biography, Age, Career, Net Worth, Height, Relationship & More. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. She had numerous bruises, bite marks on her back, pulled-out hair patches, and a broken arm. In the Hulu documentary, Melissa Lucio implies that her daughter Alexandra was responsible for Mariah's death. Read and share these key facts before Texas makes the irreversible mistake of killing an innocent woman. 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. "We've had her interrogation reviewed by leading experts in interrogation and false confessions. Attempts to reach Crain were unsuccessful. April 17 2022, 4:00 a.m. "Free Melissa . The State presented no physical evidence or witness testimony establishing that Lucio abused Mariah or any of her children, let alone killed Mariah, Judge Catharina Haynes wrote on behalf of the seven dissenting judges from the U.S. Court of Appeals for the Fifth Circuit in response to the States scheduling of Lucios execution on April 27, 2022. New evidence suggests the death may have been an accident - and today, the Texas Board of Pardons . Website by MADEO. Convicted of murdering one of her 9 children, her 2 year old daughter, Mariah Alvarez. 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. 27, 2022 for the 2007 death of Mariah. Thank you for visiting us. Research has shown that survivors of sexual abuse and violence, like Ms. Lucio, are even more vulnerable to falsely confessing under such coercive conditions. She said she believes she falsely confessed in part because of a learned fear of violence. Despite the defense's arguments, Lucio was found guilty of capital murder and later sentenced to death in 2008. Questions over Mariah Alvarez's death and Lucio's role in it have lingered since the now-53-year-old mother was sentenced to death in 2008. Keller, P.J., joined except for points 4 and 11, in which she concurs. They look at who's the victim, what's the accused accused of doing? 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. Were they convicted? During her trial, those statements were presented to the jury as her confession. 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. According to Selina, the documentary mischaracterizes the accusations against Lucio and adds to the belief that Lucio is innocent. They also claim that Cameron County District Attorney Armando Villalobos had previously been accused of inadequately investigating over 100 claims of child abuse. Her lawyers say this lifelong trauma made her susceptible to giving a false confession. 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. 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. She also claims three of her older siblings, who have largely stood by Lucio, were not around for the abuse and were living in a different home. jsTikTok.async = true; On this Wikipedia the language links are at the top of the page across from the article title. 2023 Innocence Project. The Cameron Countys new district attorney, the courts, the Texas Board of Pardons and Paroles, and Gov. On February 17 2007 paramedics came to the Lucio home because two-year-old Mariah was not breathing and didnt respond. Cloudflare Ray ID: 7a134b9f398d2f98 Lucio claims that starting when she was seven years old, her mothers boyfriend sexually abused her for approximately two years. Mariahs autopsy showed signs of a blood coagulation disorder, which causes profuse bruising throughout the body. Alexander Molony Siblings: Who Are Alexander Molony Siblings? Abbott and the Board of Pardons and Paroles. var isYTTikTok = 1; The detectives shouted at her, berated her for being a neglectful mother, and implied that if Mariah's death was not her fault then it had to have been one of her children, according to the petition. Liliana Segura, Jordan Smith. After several hours of interrogation, Lucio stated, "I guess I did it. "I think there's this thought or belief that if we give up the accusatory, guilt-presumptive, coercive style of American interrogations, it'll have bad consequences and we won't be able to convict people," she said. Lucio was married at the age of 16 and had her first five children with Guadalupe Lucio. 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. You can also receive help via online.rainn.org, which is available 24/7. Studies have shown that even trained forensic dentists cant agree whether or not an injury is a bite mark. 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. The project's petition, asking Cameron County District Attorney Luis V. Saenz to rescind the execution, has received over 44,000 signatures. 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. "Lucio still advances no evidence that is reliable and supportive of her acquittal," the office wrote in court documents last month. But this can be detrimental because "a lot of trauma symptoms look like these behavioral cues of lying," Guarnera said. "The Innocence Project recognized the urgency that an innocent woman was headed for execution," Vanessa Potkin, director of special litigation for the organization, told ABC News. Melissa Lucio was born in Lubbock, Texas,[2] on June 18, 1969, according to court records. Help us advocate for the innocent by sharing the latest news from the Innocence Project. She allegedly suffered abuse by multiple partners that continued throughout her teenage years and into adulthood. 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. The local hospital declared the child dead. I'm responsible for it," she said, according to the petition. Family photo via AP , 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. RELATED: Rumors Swirl That Kim Kardashian May Eventually Run For Office What A Kardashian Presidency Could Look Like. Whitaker was convicted of masterminding the fatal shootings of his mother and brother. Lucio, 40, of Harlingen was found guilty of capital murder for the death of her 21/2-year-old daughter, Mariah Alvarez. RELATED: Oklahoma Gov. Lucio was convicted of killing her daughter, Mariah Alvarez, 15 years ago in . She had many bruises bite marks on her back patches of hair pulled out and a broken arm. Mariah was crying but did not appear to have any serious injuries, Lucio said. Child Protective Services had previously investigated Lucio for allegations of child neglect, and they reported that Lucio's youngest children were often left in the care of their teenaged siblings. 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 Successor Writ Application, at 136 (quoting David Thompsons Expert Report). Melissa Lucio was sentenced to death in Texas after she confessed to beating her 2-year-old daughter, who later died. 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. Still a minor and unable to leave the abusive marriage, Ms. Lucio was trapped and developed a substance use problem. He is now serving a 13-year federal prison sentence for bribery and extortion. The State presented no physical evidence or witness testimony establishing that Lucio abused Mariah or any of her children, let alone killed Mariah, Judge Catharina Haynes wrote on behalf of the seven dissenting judges from the U.S. Court of Appeals for the Fifth Circuit. [17] This decision was subsequently overturned in an en banc hearing of the same court[18] and Lucio remained on death row. "What victims learn to do in these relationships in order to survive the abuse or violence is they learn to capitulate, they learn to comply, they learn to appease. The Free Melissa Lucio project has worked closely with John Lucio, Melissa Lucio's eldest son, as he advocates for his mother's exoneration. 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. 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