A Texas mother charged of murdering her 2-year-old child continues to be granted a stay of execution just 2 days before she was scheduled to die.
Melissa Lucio, 53, was sentenced to die by lethal injection for that 2007 dying of her daughter, Mariah, which police and prosecutors related to a beating as a result of her mother. Following appeals from Lucio’s family and criminal justice activists, the Texas Court of Criminal Appeals has made the decision the she won’t be performed on April 27, as announced through the Innocence Project.
Rather, the 138th Judicial District Court of Cameron County is going to be requested consider new evidence that may potentially indicate Lucio’s innocence.
“I thankfully in my existence. I’ve always reliable Him. Thx a legal court has provided me the opportunity to live and prove my innocence.” Lucio stated inside a statement released through the organization. “Mariah is within me today and try to.”
“Thx to possess more days to become a mother to the kids along with a grandmother to my grandchildren,” she added. “I’ll use time to assist drive them to Christ. I’m deeply grateful to everybody who interceded for me personally and spoke on my account.”
A lot of Lucio’s numerous supporters -— including celebrities for example Kim Kardashian — have voiced their thought that Mariah was hurt because of accidentally falling lower a flight ticket of stairs as the family was leaving their Harlingen apartment, reported by The Dallas Morning News. The toddler died 2 days later.
As formerly reported, Lucio frequently denied beating Mariah to dying greater than 100 occasions during police child custody.
Inside a 266-page application for any Writ of Habeas Corpus filed to the court of appeals on April 15, attorneys known as Lucio’s conviction a “systematic failure, creating a train of injustice.” Lucio’s publish-conviction defense noted the government conviction from the former Da Armando Villalobos within the situation, who had been sentenced to 13 years in federal prison for bribery and extortion, based on the Brownsville Herald.
A legal court filing claims “new evidence implies that Ms. Lucio was charged for any crime that never happened.”
A legal court of appeals reviewed nine reasons indexed by Lucio’s application, ruling that four of these were cause for a stay of execution. Individuals four reasons incorporated the defendant’s claims of false testimony through the prosecution, formerly unavailable scientific evidence, actual innocence and also the prosecution’s suppression of favorable evidence.
“Applicant’s execution is remained pending resolution from the remanded claims,” a legal court of criminal appeals ruled.
Certainly one of Lucio’s attorneys, Capital Habeas Unit Chief from the Federal Defender for that Western District of Texas Tivon Schardl, designed a statement with the Innocence Project following the choice to delay Lucio’s execution. He thanked the “hundreds of a large number of Texans and individuals round the U.S. and also the world who recommended for Melissa.”
“We realize that Melissa’s children — Mariah’s siblings and siblings — and Mariah’s grandma and grandpa, aunts and uncles are relieved and grateful that Melissa’s existence won’t be taken through the Condition of Texas,” stated Schardl. “And we feel a legal court honored Mariah’s memory because Melissa is innocent.”
A chorus of supporters, including 83 Texas legislators, fought against to demonstrate Lucio’s innocence, wishing to make use of new scientific evidence that may reveal that, though Mariah did die of blunt pressure trauma, it wasn’t as a result of her mother.
“It might have shocked the public’s conscience for Melissa to become offer dying according to false and incomplete medical evidence for any crime that never happened,” stated certainly one of Lucio’s attorneys, Vanessa Potkin.
Based on the publish-conviction application, attorneys also claimed that opinion testimony surrounding a bite mark available on Mariah’s body was invalid. Lucio formerly accepted to spanking and biting her child but denied any role within the mind injuries leading to Mariah’s dying.
“All from the new proof of her innocence hasn’t before been considered by court,” Potkin ongoing. “The court’s stay enables us to carry on fighting alongside Melissa to overturn her wrongful conviction.”
If eventually performed, Lucio will be the first Latina to become offer dying in modern-day Texas.
Greater than 30 advocacy groups representing the Latine community — such as the National Hispanic Caucus of Condition Legislators — have vociferously appealed for any new trial. Other groups, including individuals supporting survivors of domestic violence, also voiced support for Lucio their petitions.
“As a survivor of childhood sexual abuse and intimate partner violence — and today locked away of these past fifteen years — Melissa’s voice and encounters haven’t been valued,” Professor Sandra Babcock, director from the Cornell Core Dying Penalty Worldwide who can also be representing Lucio, stated. “The court’s decision signals its readiness to finally hear Melissa’s side from the story.”
It’ll ultimately depend on the Texas Court of Criminal Attracts decide whether Lucio have a new trial, pending court proceedings for any county court to listen to the brand new evidence.
“The people of Texas are titled to a different, fair trial,” Schardl ongoing in the statement. “Texans ought to be grateful and proud the Court of Criminal Appeals has provided Melissa’s legal team the chance to provide the brand new proof of Melissa’s innocence towards the Cameron County District Court.”
Inside a separate release on Monday, the Texas Board of Pardons and Paroles stated they wouldn’t be recommending clemency because of the appeal court’s decision.
Crime News is the place to go for true crime tales from around the globe, breaking crime news, and knowledge about Archiweekend’s original true crime shows and documentaries. Register for Archiweekend Insider for best wishes true crime content.