Defense attorneys AND prosecutors for death row inmate Melissa Lucio say evidence was suppressed that would prove 2-year-old daughter's death was an accident

7 months ago 19

Melissa Lucio, a Texas pistillate whose execution was delayed successful 2022 amid increasing doubts she fatally bushed her 2-year-old daughter, had grounds suppressed astatine her execution trial.

Both prosecutors and Lucio's attorneys released a connection saying arsenic overmuch Tuesday, successful a lawsuit that has received attraction nationwide, including from the likes of Kim Kardashian, Amanda Knox and Texas Republicans.

As portion of an statement connected findings successful Lucio´s case, prosecutors and her attorneys accidental the suppressed evidence, including witnesser statements and a study by Child Protective Services, would person corroborated Lucio´s defence that her girl Mariah died of a caput wounded sustained successful an accidental autumn down a steep staircase 2 days earlier her death.

'She would not person been convicted successful airy of the suppressed evidence,' according to the 33-page statement betwixt the bureau of Cameron County District Attorney Luis Saenz and Lucio's attorneys. 

The papers lays retired what some sides accidental are agreed findings of information and conclusions of instrumentality successful the case.

Melissa Lucio, a Texas pistillate whose execution was delayed successful 2022 amid increasing doubts she fatally bushed her 2-year-old daughter, had grounds suppressed astatine her execution trial

The agreement, which recommends that Lucio´s condemnation and decease condemnation beryllium overturned, is being called antithetic and bonzer by 1 decease punishment expert.

But it has remained successful limbo for 16 months earlier a Texas judge, who has yet to accidental whether she volition springiness it her support and guardant it to the state´s highest transgression court, which would marque a last decision.

Lucio, 55, had been acceptable for lethal injection successful April 2022 for the 2007 decease of her girl successful Harlingen, a metropolis of astir 71,000 successful Texas´ confederate tip. 

But the Texas Court of Criminal Appeals stayed her lethal injection 2 days earlier her scheduled execution truthful authorities District Judge Gabriela Garcia could review Lucio's claims that caller grounds would exonerate her.

Prosecutors had agelong maintained Mariah was the unfortunate of maltreatment and noted her assemblage was covered successful bruises. 

In a sometimes contentious proceeding with Texas lawmakers 2 weeks earlier the scheduled execution, Saenz had said helium disagreed with claims from Lucio´s attorneys determination was caller grounds that would exonerate her.

But successful a associated connection with Lucio´s attorneys that was issued Friday, Saenz acknowledged her ineligible squad 'did not person entree to accusation favorable to her defence astatine the clip of trial.' 

Saenz was not the territory lawyer astatine the clip of Lucio´s proceedings successful 2008.

As portion of an statement connected findings successful Lucio´s case, prosecutors and her attorneys accidental the suppressed evidence, including witnesser statements and a study by Child Protective Services, would person corroborated Lucio´s defence that her girl Mariah died of a caput wounded sustained successful an accidental autumn down a steep staircase 2 days earlier her death

The agreement, which recommends that Lucio´s condemnation and decease condemnation beryllium overturned, is being called antithetic and bonzer by 1 decease punishment expert

Esperanza Treviño, Melissa Lucio's mother, pleas to the nationalist arsenic she is surrounded by household and friends connected the steps of the Cameron County Courthouse Administrative entranceway successful Brownsville, Texas successful 2022

The connection did not supply much accusation connected wherefore the favorable grounds wasn´t fixed to Lucio´s lawyers. 

Saenz´s bureau and Lucio´s attorney, Vanessa Potkin, declined to remark beyond their associated statement.

'We are grateful to District Attorney Saenz for recognizing that grounds that our babe sister Mariah´s decease was an accident, not a murder, was ne'er presented to the jury. We are besides thankful to Melissa´s ineligible team. We anticipation and commune that our parent tin soon travel location to her family,' Lucio´s son, John Lucio, and his wife, Michelle, said successful a statement.

The suppressed Child Protective Services study indicated that 1 of Lucio´s children told a CPS idiosyncratic helium was contiguous erstwhile Mariah 'fell down immoderate stairs.'

The study besides revealed each of Lucio´s children told the CPS idiosyncratic their parent was not abusive to them oregon Mariah.

The agreed findings besides accidental Lucio´s proceedings attorneys were not provided statements from 2 of her different children, who had corroborated to Harlingen constabulary their mother´s claims that Mariah had been injured successful a autumn and that Lucio had grown progressively disquieted astir Mariah´s deteriorating wellness earlier her death.

Prosecutors provided the suppressed grounds to 2 experts, including a forensic pathologist, who 'concluded that the apt origin of Mariah´s decease was an accidental autumn resulting successful caput trauma,' according to the agreed findings.

Saenz and Lucio´s attorneys submitted their agreed findings to Garcia connected December 20, 2022. 

The agreed findings besides accidental Lucio´s proceedings attorneys were not provided statements from 2 of her different children, who had corroborated to Harlingen constabulary their mother´s claims that Mariah had been injured successful a fall

Prosecutors provided the suppressed grounds to 2 experts, including a forensic pathologist, who 'concluded that the apt origin of Mariah´s decease was an accidental autumn resulting successful caput trauma,' according to the agreed findings

Robert Alvarez, Michelle Lucio and her hubby John code a assemblage successful 2022 demanding Melissa beryllium freed

But she has yet to contented a ruling and guardant her determination to the Texas Court of Criminal Appeals, which makes the last decision.

Garcia did not instantly respond to an email seeking comment.

Robin Maher, enforcement manager of the Death Penalty Information Center, said the clip Garcia is taking to contented a ruling suggests the justice is 'giving this lawsuit the serious, thoughtful information it deserves.'

Maher, whose nonprofit radical takes nary presumption connected superior punishment but has criticized the mode states transportation retired executions, called the statement betwixt Saenz and Lucio´s attorneys 'quite extraordinary' and 'one of those uncommon instances wherever some sides person acknowledged an injustice and hold astir the remedy.'

'I person agelong maintained that the strategy failed Melissa Lucio - and her daughter, Mariah - astatine each crook and that she should beryllium fixed a caller accidental for justness ... and a caller accidental for life,' Leach said successful a station Sunday connected the societal level X.

If enactment to death, Lucio would beryllium the archetypal Latina executed by Texas since 1863, and the archetypal pistillate the authorities has enactment to decease since 2014.

After speechmaking astir Lucio's case, Kardashian tweeted successful 2022: '[Lucio] has been connected decease enactment for implicit 14 years for her daughter's decease that was a tragic accident.

'Her 2-year-old girl Mariah fell down a formation of stairs and 2 days aboriginal passed distant portion taking a nap.

A question of celebrities and politicians are present weighing successful connected the case, begging the parole committee to reconsider Melissa's sentence 

State Reps. Joe Moody, D-El Paso, near to right, Brad Buckley, R-Killeen, and Jeff Leach, R-Plano, get for the Interim Study Committee connected Criminal Justice Reform proceeding astir decease enactment inmate Melissa Lucio astatine the Capitol. They person each called for the execution to beryllium stayed 

In this 2007 video interrogation tape, Lucio is shown acting retired however she 'beat' Mariah to death. Her attorneys accidental it was a coerced confession aft 5 hours of interrogation. She was large astatine the clip with twins 

'After she called for help, she was taken into custody by the police. [Lucio] is simply a subsister of maltreatment and home unit herself and aft being interrogated for hours and falsely pleaded guilty.

'She wanted the interrogation to beryllium stopped, but constabulary made her words retired to beryllium a confession.'

'She is scheduled to beryllium executed connected April 27 successful Texas,' the world prima added, arsenic she urged the nationalist to motion a petition by the Innocent Project successful an effort to property Governor Abbott to halt Lucio's execution.

More than fractional the members of the Texas Legislature person asked that her execution beryllium halted. A bipartisan radical of Texas lawmakers traveled this period to Gatesville, wherever the authorities houses pistillate decease enactment inmates, and prayed with Lucio.

Five of the 12 jurors who sentenced Lucio and 1 alternate juror person questioned their determination and asked she get a caller trial.

Lucio's origin besides has the backing of religion leaders and was featured connected HBO´s 'Last Week Tonight with John Oliver.'

Her household and supporters person been traveling passim Texas and holding rallies and screenings of a 2020 documentary astir her case, 'The State of Texas vs. Melissa.'

DailyMail.com has reached retired to Texas Governor Greg Abbott for comment.  

Article From: www.dailymail.co.uk
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