ls court, her attorneys will be centered on attempting to convince the court to recommend she customize the trial.
But that’s expected to become a tough courtroom fight as well as when they get the trial judge on their own side, the state’s top court arrest — that has the ultimate say — might disagree and her conviction in position, legal experts stated Tuesday.
“Winning a good recommendation isn’t a done deal. …There’s still a lengthy approach to take before situation is resolved,” stated Robert Dunham, executive director from the Dying Penalty Information Center.
Lucio have been looking for lethal injection on Wednesday for that 2007 dying of her daughter Mariah within the South Texas town of Harlingen. However the Texas Court of Criminal Appeals delayed her execution on Monday. If ultimately offer dying, Lucio will be the first Latina performed by Texas since 1863, and also the first lady the condition has offer dying since 2014.
Prosecutors have maintained the girl was the victim of abuse and noted that her body was covered in bruises when she died.
Lucio’s attorneys say her capital murder conviction took it’s origin from an hard to rely on and coerced confession and she or he wasn’t permitted to provide evidence questioning the validity of her confession.
Her lawyers also contend unscientific and false evidence fooled jurors into believing Mariah’s injuries might have been caused only by abuse and never by medical complications from the severe fall lower a high staircase.
In granting the execution stay, the Texas Court of Criminal Appeals requested the Brownsville trial judge responsible for Lucio’s situation — Gabriela Garcia — review four claims her lawyers make: whether prosecutors used false evidence to convict her whether formerly unavailable scientific evidence might have avoided her conviction whether she’s really innocent and whether prosecutors covered up evidence that could have been favorable to her defense.
Tivon Schardl, certainly one of Lucio’s attorneys, stated that before there is a hearing to think about new evidence within the situation, rulings must be made on two defense motions to recuse Garcia and Cameron County Da Luis Saenz over allegations of conflict of great interest and due process violations. Lucio’s attorney at her 2008 trial has become a prosecutor in Saenz’s office. Garcia’s court administrator may be the wife of Lucio’s trial attorney, as well as offered as his paralegal.
“We hope that moving forward reason and science will carry your day and Melissa will receive a recommendation in the trial court became a member of through the condition of Texas to obtain a new trial,” Schardl stated.
No timetable continues to be looking for when Garcia will start reviewing Lucio’s situation. However a ultimate decision on whether she will get a brand new trial might be years away.
Saenz stated Monday he welcomed the chance to possess a courtroom overview of the situation. He’s formerly expressed doubts about claims by Lucio’s defense attorneys that new evidence will exonerate her.
On Wednesday, a rally was planned outdoors the courthouse in Brownsville to inquire about that Saenz drop the situation against Lucio.
“She’ll never get another execution date. She’ll be free. It’s only a question of when,” stated Abe Bonowitz, executive director of Dying Penalty Action, a nationwide anti-dying penalty group that’s helping organize Thursday’s rally.
Stanley Schneider, a Houston defense attorney not attached to the situation and that has defended dying row inmates, stated the appeals court purchased review implies that “there are really the questions that challenge the validity from the conviction.”
Letitia Quinones, a Houston defense attorney also not attached to the situation, stated Lucio’s lawyers have a “very difficult task” in front of them as it’s rare to overturn a conviction in Texas.
“If (evidence) exists within the fashion that her defense attorneys have typed out … she’s an excellent chance,” Quinones stated.
But Dunham stated the situation of Texas dying row inmate Rodney Reed is among the down sides that could be ahead for Lucio.
Reed got an execution stay as well as an appeals court purchased overview of his situation in November 2019 days before he ended up being to be performed for that 1996 killing of 19-year-old Stacey Stites. As with Lucio’s situation Reed’s supporters say new evidence has elevated serious doubt about his guilt and that he received support from celebrities and lawmakers.
But this past year, the court declined to recommend a brand new trial for Reed. On Monday, the U.S. Top Court decided to hear an appeal by Reed over his efforts to check evidence in the situation.
“Like Lucio, Reed has extraordinarily strong proof of innocence but the Bastrop County judge overlooked it,” stated Dunham, whose group takes no position on capital punishment but has belittled the way in which states execute executions.
Within the situation of Texas dying row inmate Rigoberto Avila Jr., who alleged his conviction took it’s origin from false and outdated scientific evidence, the court suggested a brand new trial, however the appeals court in March 2020 rejected the recommendations, Dunham stated.
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