Criminal appeals court halts Melissa Lucio's imminent execution, orders look at new evidence

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The Texas Court of Criminal Appeals on Monday halted Melissa Lucio’s execution, just hours before the mother of 14 was scheduled to be killed by the state for the accidental death of her baby daughter. Lucio sobbed when she was told the news by a state lawmaker, one of the many who rallied for a stop to her execution.

“I thank God for my life,” Lucio said in a statement released by Innocence Project. “I have always trusted in Him. I am grateful the court has given me the chance to live and prove my innocence.” She said her daughter Mariah, who was just two when she fell and died in 2007, “is in my heart today and always. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren.”

RELATED STORY: Texas board to make recommendation on Melissa Lucio’s case as advocates rally for her life

Lucio’s advocates had been anxiously awaiting word from an entirely different entity when the criminal appeals court handed down its decision. The Texas Board of Pardons and Paroles was to issue a recommendation to Gov. Greg Abbott by Monday afternoon, who would then decide if the execution would go forward or not. But following the appeals court ruling, the board said it would not be voting on her case.

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“In a three-page decision ordering a stay to the execution that had been set for Wednesday, the Court of Criminal Appeals found that several of the claims raised by her lawyers needed to be considered by a trial court, including that prosecutors may have used false testimony, that previously unavailable scientific evidence could preclude her conviction and that prosecutors suppressed other evidence that would have been favorable to her,” The New York Times reported. KVUE shared the moment Lucio found out she would not die:

The petition submitted to the criminal appeals court by Lucio’s advocates earlier this month said the harsh interrogation technique used by investigators against the mom has contributed “to nearly one-third of all known wrongful convictions underlying the nation’s DNA exonerations.” One of the at least five jurors who has since regretted their decision sentencing her to death said they were never made aware of harsh techniques used against Lucio, or that she was a survivor of both childhood sexual abuse and domestic violence, which made her particularly vulnerable to such tactics.

Tivon Schardl, Capital Habeas Unit chief of the Federal Defender for the Western District of Texas and attorney to Lucio, said the mom is now entitled to “a new, fair trial.”

“Texans should be grateful and proud that the Court of Criminal Appeals has given Melissa’s legal team the opportunity to present the new evidence of Melissa’s innocence to the Cameron County district court,” Schardl continued. She noted, and thanked, the broad state and national support that urged a halt to the execution. In her statement, Lucio also said that she was “deeply grateful to everyone who prayed for me and spoke out on my behalf.”

We would not be at this point without everyone’s incredible support. Here’s a message from Melissa to all her supporters. pic.twitter.com/Bp6irbfO3V

— The Innocence Project (@innocence) April 25, 2022

“At last, Lucio will get her chance to mount a full and proper defense guaranteed to her by the U.S. Constitution,” the Houston Chronicle editorial board said. “Even as we celebrate this moment, we have to wonder how many others on Death Row deserve the same chance.” The Innocence Project pointed to a recent report noting that in the cases of the 161 people exonerated last year, misconduct by officials played a role in more than 100 of those cases. 

“So thankful that a court finally stepped in today and stopped Melissa Lucio’s execution,” tweeted Sister Helen Prejean, the noted anti-capital punishment activist. “The death penalty is always horrific, but executing a mother for a crime that never even happened? Melissa was coerced into making a false confession 15 years ago. May the truth come out now.”

And may the truth come out for the untold number of Melissa Lucios across the nation. Innocence Project said the mom deserves justice, and that it will continue to fight to prove her innocence in court. The organization urged advocates to take a moment and send a message to Lucio letting her know that they will continue to stay in her corner.

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Melissa Lucio, Texas mom facing execution for baby’s accidental death, asks court to spare her life

Melissa Lucio, Texas mom facing execution for baby’s accidental death, asks court to spare her life