Melissa Lucio

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Melissa Elizabeth Lucio
Born (1968-07-18) July 18, 1968 (age 53)
Lubbock, Texas, U.S.
OccupationJanitor
Criminal statusScheduled to be executed on April 27, 2022
Spouse(s)Robert Antonio Alvarez
Conviction(s)Capital murder
Criminal penaltyDeath

Melissa Elizabeth Lucio (born July 18, 1968) is the first woman of Hispanic descent in Texas to be sentenced to death. She was convicted of capital murder after the death of her two-year-old daughter, Mariah. Her case was the subject of the 2020 documentary, The State of Texas vs. Melissa. Lucio 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".[1]

Death of Mariah Alvarez[]

In 2007, Lucio had fourteen children, and nine of them lived with Lucio and her boyfriend, Robert Alvarez. On February 17, 2007, paramedics were called to the Lucio residence because the youngest child, two-year-old Mariah Alvarez, was unresponsive and not breathing. According to the Cameron County District Attorney's Office, Mariah was found at the home with signs of abuse on her body. She reportedly had scattered bruising, bite marks on her back, patches of hair that had been pulled out, and a broken arm. According to Lucio, two days earlier Mariah had fallen down a set of stairs, leading to her injuries.[2] Mariah was pronounced dead upon arrival at a local hospital. It was later determined that Mariah's arm had been broken two to seven weeks before her death, and an autopsy also showed a head injury and bruising of the kidneys, lungs and spinal cord.[3]

Interrogations[]

Following Mariah's death, Lucio was arrested and questioned for seven hours by Texas Ranger Victor Escalon without a lawyer present, and without receiving food or water throughout the duration.[4] Lucio admitted to having spanked Mariah, but denied ever having abused her. She was then told by Escalon: “Right now, it looks like you’re a cold-blooded killer. Now, are you a cold-blooded killer or were you a frustrated mother who just took it out on her?” He continued by telling her "we already know what happened". After several hours of interrogation, Lucio stated "I guess I did it. I’m responsible."[5]

One of Lucio's sons was also questioned by law enforcement shortly after Mariah's death. In a video, a female officer asks the boy: “Did you see your sister fall down the stairs or did somebody tell you that she fell?” The boy then responded: “No, I saw her fall.”[5]

Legal proceedings[]

During the trial, Lucio's recorded statements from her interrogation were described as a "confession" by Cameron County District Attorney Armando Villalobos, who was seeking re-election at the time[6] and is currently serving a 13-year federal prison sentence for bribery and extortion.[7]

A pathologist testified that the child’s autopsy revealed she did not die from falling downstairs and instead her injuries were consistent with a death from blunt-force trauma. Additionally, court documents state the emergency room physician said he had not seen a case of child abuse worse than Mariah's.[8]

Lucio’s defense argued that Mariah's injuries were in fact from falling down the stairs, and that Lucio's psychological functioning contributed to her conflicting reports given to authorities. Despite the defense’s arguments, Lucio was found guilty of capital murder and later sentenced to death in 2008.[8]

A 2011 appeal against the conviction was denied.[9] In 2019 a three-judge panel of the Federal Appeals Court overturned the sentence due to the trial court's interference in Lucio's right to present a defense.[10] This decision was subsequently overturned and Lucio remained on death row.[11]

In August 2021, an amicus brief was filed on Lucio's behalf by a group consisting of legal scholars, experts on violence against women, and representatives from 16 organizations that fight violence against women. The brief states that Lucio's subdued behavior and acquiescence during interrogation were the result of prior trauma as a survivor of abuse. They also argued that a judge’s order to exclude expert testimony on the effects of trauma had "deprived Melissa of the only means she had of explaining that, notwithstanding her demeanor and self-incriminating statements, she was innocent of her daughter’s murder."[12]

In January 2022, Cameron County officials signed an execution warrant for Lucio. She is scheduled for execution on April 27, 2022.[13]

In popular culture[]

A 2020 documentary by Sabrina Van Tassel, titled The State of Texas vs. Melissa follows Lucio's case. It played at the Tribeca Film Festival in 2020, and won best documentary at the Raindance Film Festival.[14]

On March 6, 2022, in the main segment of the HBO show Last Week Tonight with John Oliver called "Wrongful Convictions," her case was the main one to be mentioned as a reason for the reform of the American justice system and specifically, the abolition of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).[15]

See also[]

References[]

  1. ^ Segura, Liliana; Smith, Jordan (2022-03-05). "Rush to Judgement". The Intercept. Retrieved 2022-03-08.
  2. ^ Iati, Marisa (2022-02-10). "Her execution date looming, a mother maintains innocence in 2-year-old daughter's death". The Washington Post.
  3. ^ Martinez, Laura B. (January 14, 2022). "Execution date set for Harlingen mom for murdering daughter". MyRGV.com.
  4. ^ "'I saw her fall': Video is death row mum's last hope". NZ Herald. Retrieved 2022-03-08.
  5. ^ a b Hamalienko, Simon; Hanlon, Tim (2022-02-19). "Death row mum-of-14 hopes new videos could clear her of toddler's fatal fall". mirror. Retrieved 2022-03-08.
  6. ^ Michelle Onello (March 15, 2022). "Texas Set to Execute Melissa Lucio Despite Credible Claims of Innocence". Ms. Magazine. Retrieved March 25, 2022. Lucio, a survivor of decades of sexual and gender-based violence (SGBV) by family members and two husbands, offered her statements to end hours of harsh interrogation by investigators, which is a common response for SGBV survivors.
  7. ^ United States Department of Justice, U.S. Attorney’s Office, Western District of Texas (February 11, 2014). "Former Cameron County District Attorney Armando Villalobos Sentenced To Federal Prison In Connection With South Texas Bribery Scheme". Retrieved March 25, 2022. In Brownsville today, former Cameron County District Attorney Armando R. Villalobos was sentenced to 13 years in federal prison for his role in a South Texas bribery and extortion scheme announced United States Attorney Robert Pitman.{{cite web}}: CS1 maint: multiple names: authors list (link)
  8. ^ a b "Harlingen woman faces April execution for daughter's 2007 murder". KVEO-TV. 2022-01-15. Retrieved 2022-03-08.
  9. ^ "Melissa Elizabeth Lucio v. The State of Texas (concurring)". Justia Law.
  10. ^ "Federal Appeals Court Overturns Mother's Conviction in Texas Child Murder Case That May Have Been an Accidental Death". Death Penalty Information Center.
  11. ^ "Inmates on Death Row". www.tdcj.texas.gov. Retrieved January 15, 2022.
  12. ^ Olsen, Lise (January 25, 2022). "A Texas mother could be executed in April. Was her child's death really a murder?". The Texas Observer.
  13. ^ Puente, Nathaniel (January 14, 2022). "Harlingen woman faces April execution for daughter's 2007 murder". KVEO-TV. Retrieved January 15, 2022.
  14. ^ Keslassy, Elsa (April 15, 2021). "Hulu Acquires U.S. Rights to Tribeca Documentary The State of Texas vs. Melissa". Variety. Retrieved April 16, 2021.
  15. ^ Wrongful Convictions: Last Week Tonight with John Oliver (HBO) (Cable TV). LastWeekTonight. March 7, 2022. Event occurs at 14 min. Retrieved March 7, 2022.
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