It would send a message that innocence doesn't matter," said Vanessa Potkin, one of Lucio's attorneys who is with the Innocence Project. 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. He claims that before his deceased daughter Mariah Alvarez passed away, he was unaware of her fatal injuries. 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. Lucio, 53, was convicted in the death of her 2-year-old daughter, Mariah, in 2007. Lucio was convicted for the death of her daughter Mariah Alvarez. 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. Ms. Lucio got the death penalty but shes asking for a chance to appeal. Studies have shown that even trained forensic dentists cant agree whether or not an injury is a bite mark. the youngest of her 12 children at the time Ms. Lucio was taken into police custody and immediately blamed for her daughters death. Alexander Molony Children: Does Alexander Molony Have A Child? Experts said these conditions are all risk factors that make a person more likely to falsely confess. 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. Mariah's mother, Melissa Lucio was convicted of capital murder in this case. Paramedics were called to the Lucio home on February 17, 2007, as two-year-old Mariah was not breathing and was unresponsive. Two days later, she took a nap and didnt wake up. She had her head down. As noted in the appeals court opinion document, one of the investigators described Lucio's behavior. "My mother is an innocent woman. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. 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. Lucio was convicted in the 2007 death of her 2-year-old daughter, Mariah, and sentenced to be executed. "If you think about what's happening in an interrogation, that's a very parallel process.". Because of this, they decided to take her children and put them in foster care. Lucio told police Mariah fell asleep and did not wake up. He then told Lucio that he would "help" her if she told him what he already knew. "And we intend on keeping that promise.". 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.". She also spoke in one of her sisters TikToks and claimed that blame was placed on her in an attempt to free Lucio. Abbott and the Board of Pardons and Paroles. Studies have shown that even trained forensic dentists cant agree whether or not an injury is a bite mark. 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. Lucio was found guilty of abusing and killing her two-year-old daughter, Mariah, in 2007. Guadalupe Lucio and Melissa Lucio had their first five children together when they were just 16 years old. "She gets very emotional because no one believed her for so many years that she was innocent. See additional information. var jsTikTok = document.createElement('script'); 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. They used coercive methods known to produce false confessions. 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. RELATED: Rumors Swirl That Kim Kardashian May Eventually Run For Office What A Kardashian Presidency Could Look Like. 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. The autopsy showed that Mariah also had a head injury and bruises on her kidneys lungs and spinal cord. In 2008, She was convicted of killing her 2-year-old daughter, Mariah Alvarez. [4], Mariah Alvarez was born to Melissa Lucio and Robert Alvarez in September 2004. 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 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. 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. 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. While she was incarcerated, she gave birth to twins, making four total. After several hours of interrogation, Lucio stated, "I guess I did it. } According to documents filed in the Texas Criminal Court Of Appeals in 2011, the children were found in unsafe conditions with scratches and insect bites. During the interrogation, officers berated and intimidated Ms. Lucio, who was pregnant and in shock from the loss of her child, for five hours. At 16, she became a child bride to escape. She was especially vulnerable, her lawyers say, as she was grieving for her daughter, pregnant with twins at the time, and a victim of abuse and trauma throughout her life. "When I walked in, she was not making eye contact with the investigator. She was convicted of capital murder after the death of her two-year-old daughter, Mariah, who was found to have scattered bruising in various stages of healing, as well as injuries to her head and contusions of the kidneys, lungs and spinal cord. She claimed that he was frequently physically abusive and drug and alcohol-dependent. 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. Her lawyers say Lucio's sentence was disproportionate to what her husband and Mariah's father, Robert Alvarez, received. In 2019, a three-judge panel of the 5th U.S. The state argued that Lucio confessed to a pattern of abusing Mariah and to inflicting fatal blows to the . She was just struggling. As Lucio's case hangs in the balance, a group of bipartisan Texas lawmakers led by Republican Rep. Jeff Leach is pleading with Gov. The woman, Melissa Lucio, a mother of 14, was found guilty back in 2008 in the death of her 2-year-old daughter, Mariah. Lucio, 40, of Harlingen was found guilty of capital murder for the death of her 21/2-year-old daughter, Mariah Alvarez. In this undated photograph, Texas death row inmate Melissa Lucio is holding one of her sons, John. That's what crossed my mind. However, pathologists who have reviewed the evidence have concluded that this testimony was false. She has maintained her innocence, and Cornell Law School professor Sandra Babcock has called the prosecution "by far the weakest capital case I've ever seen". Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. The Free Melissa Lucio project has worked closely with John Lucio, Melissa Lucio's eldest son, as he advocates for his mother's exoneration. 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. Photo courtesy of the family of Melissa Lucio via AP. 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. According to the Cameron County District Attorney's Office, Mariah was found at the home with signs of abuse on her body. 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. So right there and then, I knew she did something," he said. pic.twitter.com/QZc5YyJZvo (@truecrimewitch) January 15, 2019 According to Selina, the documentary mischaracterizes the accusations against Lucio and adds to the belief that Lucio is innocent. The Rangers believed Lucio had killed Mariah on Feb. 17, 2007, saying that her unwillingness to make eye contact and her slumped shoulders were signs of guilt, according to a clemency petition filed on March 22. 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. Mariah was Lucio's twelfth child. She says she was coerced to confess by a Texas Ranger during her interrogation. She allegedly suffered abuse by multiple partners that continued throughout her teenage years and into adulthood. Selina recalls her mother excluding Mariah, keeping her separate from her other children on a number of occasions. Ms. Lucio has maintained her innocence on death row for more than 14 years. The medical examiner also testified at trial that a mark on Mariahs body were bite marks. 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.". Circuit Court of Appeals overturned Lucio's conviction, ruling she was deprived of "her constitutional right to present a meaningful defense." As experts explain, particularly when wielded by male police officers the type of interrogation used against Ms. Lucio simply recapitulates the psychodynamics of domestic abuse. So, it makes sense that women, like Ms. Lucio, who learned to survive domestic abuse by accommodating and conforming to the wishes of the violent partner will likewise accommodate and conform to the demands of a threatening, armed male police officer in the interrogation room. 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. Whitaker was convicted of masterminding the fatal shootings of his mother and brother. Ms. Lucio had nine more children, including Mariah. Melissa , a documentary set to be released in 2020, is based on her case. I'm responsible. Trial jurors, forensic experts, and Texas lawmakers push for Lucio's life to be spared ahead of her April 27 execution. 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. 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. After nearly 15 years on death row in Texas, Lucio was granted a stay of her scheduled . No physical evidence showed otherwise. The Texas Rangers did not respond to repeated phone calls and emails for comment about the case. 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. Lucio's lawyers say the evidence shows it was a tragic accident. jsTikTok.src = (document.location.protocol == "https:" ? Alexander Molony Siblings: Who Are Alexander Molony Siblings? Lucio, sentenced to death for killing her daughter, maintains her innocence. Michelle Lucio, John's wife who knew Melissa Lucio prior to her conviction, recalled the conversations with her during their visits in prison. The Innocence Project notes that Lucio was pregnant with twins at the time and was likely overwhelmed and grief-stricken after Mariahs death. Melissa Lucio holds her daughter Mariah. Eighty-three Texas representatives signed a letter asking that she be granted clemency. 2023byTango Publishing Corporation All Rights Reserved. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. "This is a woman who has a history of being threatened, being yelled at," she said. 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 . 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. 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. 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. since Ms. Lucios trial because it has no scientific basis. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. "Do it real hard," he said. It played at the Tribeca Film Festival in 2020, and won best documentary at the Raindance Film Festival. 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. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. Mariah was Lucio's twelfth child. Press "Enter" or click on the arrow to show results. Despite the defense's arguments, Lucio was found guilty of capital murder and later sentenced to death in 2008. Updated on March 25, 2022, 2:30 p.m. Later on, Lucio had seven children with Robert Alvarez. Lucio has said that her daughter who had a condition that caused her foot to be turned in fell down a flight of outdoor stairs as the family was preparing to move to a new apartment. Shes guilty of abusing my sister which led to the death of my sister. However, the case of Melissa Lucio, who murdered her daughter after years of abuse, has sparked more debate than ever before. 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. ", The investigator went on to say that he knew Lucio wanted to confess "because she's giving that slouched appearance.". Lucio, who is an inmate on Texas death row, is set to be executed on Apr. 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. HOUSTON During hours of relentless questioning, Melissa Lucio more than 100 times had denied fatally beating her 2-year-old daughter. "What am I going to say? 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