A Texas loss of life row inmate was deemed “really harmless” by a decide who beneficial her capital homicide conviction be overturned as new proof affirmed her daughter died from an unintended fall.
Melissa Lucio, a mom of 14 dwelling in Brownsville, Texas, was arrested and charged in 2007 for the homicide of her two-year-old daughter Mariah Alvarez who had turned purple and unresponsive at house.
Since her conviction in 2008 on capital homicide, Lucio – with the assistance of a majority of the Texas legislature and actuality TV celebrity Kim Kardashian – maintained her innocence claiming her daughter had fallen down a flight of stairs and mentioned prosecutors relied on false testimony and flawed proof.
Cameron County District 138 Court docket Decide Arturo Nelson discovered that Lucio is “really harmless” and didn’t kill her daughter,” in accordance with courtroom paperwork obtained by KPRC.
Extra proof, that had been withheld by prosecutors throughout Lucio’s trial, was submitted and used to persuade Nelson of her innocence.
“In gentle of the brand new proof, there may be such clear and convincing proof of innocence that no rational juror would have convicted (Lucio).” Nelson wrote.
Prosecutors alleged on the time that little Mariah had quite a few indicators of trauma and bruising that lined her physique when paramedics unsuccessfully tried to revive the toddler on Feb. 17, 2007, courtroom information considered by The Submit confirmed.
Among the many bodily wounds had been scratches and a chew mark.
Medical Examiner Dr. Norma Jean Farley testified that Mariah died because of head trauma, because the toddler’s accidents “may solely have been brought on by intentional bodily abuse exerted inside 24 hours of her loss of life.”
Farley’s testimony dominated out any chance that the toddler’s accidents had been the results of an unintended fall.
Texas Ranger Victor Escalon, who had interrogated Lucio the evening of her daughter’s loss of life, decided the mom’s guilt based mostly on her demeanor.
“Escalon testifying that (Lucio) was not making eye contact with the investigator and had her head down and, accordingly: proper there after which, knew she did one thing. And he or she was ashamed of what she did, and she or he had onerous time admitting what had occurred.”
Throughout her interrogation, Lucio admitted that her daughter’s “situation” had deteriorated within the two days between her fall and her loss of life, together with turning into closely congested and torpid, with vomiting and lockjaw as two noticeable signs.
Lucio and her husband, Robert Alvarez, by no means sought medical care for his or her daughter however repeatedly denied inflicting her loss of life.
After being proven a photograph of her useless daughter, Lucio advised investigators she had slapped, pinched and bitten Mariah and agreed to be liable for her loss of life, however by no means admitted to inflicting it, courtroom paperwork revealed.
Little one Protecting Providers took custody of eight of Lucio’s kids, with at the least one telling police he witnessed Mariah’s fall.
Nelson discovered the jury had decided a verdict based mostly on the false testimony by Farley and the inaccurate testimony from Escalon.
Lucio’s case caught the eye of Kardashian in 2022, when ten of her kids penned a letter to Texas Gov. Greg Abbott and the Texas Board of Pardons and Paroles pleading for them to drop their mom’s loss of life sentence.
“We ask you to spare the lifetime of our mom, Melissa Lucio. We ask you for closure. We ask for peace,” the letter mentioned.
Kardashian referred to as the letter “heartbreaking” and mentioned there have been “many unresolved questions surrounding this case and the proof that was used.”
“This is without doubt one of the many the explanation why I’m towards the loss of life penalty – and why I pray her kids’s want is granted and their mom’s life is spared,” she wrote in a publish to Fb.
The case strikes to the Texas Court docket of Legal Appeals which is able to rule whether or not to just accept Nelson’s advice to overrule Lucio’s homicide conviction and loss of life sentence.
If Lucio stays on loss of life row, she could be the primary Latina put to loss of life by Texas, in accordance with the Texas Tribune.
She has been held on the Patrick O’Daniel Unit in Gatesville, Texas.
Supply hyperlink
