Melissa Lucio’s execution delayed by Texas appeals court

April 25, 2022 12:05 PM

By JUAN A. LOZANO Associated Press

Posted: April 25, 2022 12:05 PM

Updated: April 25, 2022 5:42 PM

HOUSTON (AP) — A Texas appeals court on Monday delayed the execution of a woman amid growing doubts about whether she fatally beat her 2-year-old daughter in a case that has garnered the support of lawmakers, celebrities and even some of the jurors who sentenced her to death.

The Texas Court of Criminal Appeals granted a request by Melissa Lucio’s lawyers for a stay of execution so a lower court can review her claims that new evidence would exonerate her. It was not immediately known when the lower court would begin reviewing her case.

Lucio had been set for lethal injection on Wednesday for the 2007 death of her daughter Mariah in Harlingen, a city of about 75,000 in Texas’ southern tip.

Read more updates on the case here:

Delcia Lopez/The Monitor via AP
Lucio’s attorneys say her capital murder conviction was based on an unreliable and coerced confession that was the result of relentless questioning and her long history of sexual, physical and emotional abuse. They say Lucio wasn’t allowed to present evidence questioning the validity of her confession.

Her lawyers also contend that unscientific and false evidence misled jurors into believing Mariah’s injuries only could have been caused by physical abuse and not by medical complications from a severe fall.

“I knew that what I was accused of doing was not true. My children have always been my world and although my choices in life were not good I would have never hurt any of my children in such a way,” Lucio wrote in a letter to Texas lawmakers.

Cameron County District Attorney Luis Saenz, whose office prosecuted the case, has said he disagrees with Lucio's lawyers' claims that new evidence would exonerate her. Prosecutors say Lucio had a history of drug abuse and at times had lost custody of some of her 14 children.

During a sometimes contentious Texas House committee hearing on Lucio’s case this month, Saenz initially pushed back on requests to use his power to stop the execution, before later saying he would intervene if the courts didn’t act.

“I don’t disagree with all the scrutiny this case is getting. I welcome that,” Saenz said.

Armando Villalobos was the county's district attorney when Lucio was convicted in 2008, and Lucio’s lawyers allege that he pushed for a conviction to help his reelection bid. In 2014, Villalobos was sentenced to 13 years in federal prison for a bribery scheme related to offering favorable prosecutorial decisions.

About the photo: Rachelle Zoca, of Chicago, holds a sign during a vigil for Melissa Lucio at the Basilica Of Our Lady of San Juan del Valle National Shrine, Friday, April 22, 2022, in San Juan, Texas.
Texas state Rep. Jeff Leach via AP
More than half the members of the Texas Legislature have asked that her execution be halted. A bipartisan group of Texas lawmakers traveled this month to Gatesville, where the state houses female death row inmates, and prayed with Lucio.

Five of the 12 jurors who sentenced Lucio and one alternate juror have questioned their decision and asked she get a new trial.

Lucio's cause also has the backing of faith leaders and was featured on HBO’s “Last Week Tonight with John Oliver.”

Lucio’s family and supporters have been traveling throughout Texas and holding rallies and screenings of a 2020 documentary about her case, “The State of Texas vs. Melissa.”

About the photo: In this April 6, 2022 photo provided by Texas state Rep. Jeff Leach, Rep. Leach stands next to death row inmate Melissa Lucio during a visit by a group of seven lawmakers to the Mountain View Unit in Gatesville, Texas.
Jay Janner/Austin American-Statesman via AP
Appeals seeking to stop Lucio’s execution are pending in state and federal courts.

The Texas Board of Pardons and Paroles is considering a request to either commute her death sentence to life imprisonment or grant her a 120-day execution reprieve.

Any decision by the board to commute her sentence or grant the reprieve would need Abbott's approval. The governor, who has granted clemency to only one death row inmate since taking office in 2015, could also unilaterally issue a 30-day execution stay. Abbott commuted a death sentence to life without parole for Thomas “Bart” Whitaker, who was convicted of fatally shooting his mother and brother. Whitaker's father was also shot but survived and led the effort to spare his son's life.

About the photo: State Rep. Jeff Leach, R-Plano, questions Cameron County District Attorney Luis Saenz at the Interim Study Committee on Criminal Justice Reform hearing about death row inmate Melissa Lucio at the Capitol, in Austin, Texas, on Tuesday, April 12, 2022.
AP file
It's rare in the U.S., according to the Washington-based Death Penalty Information Center, a nonprofit that opposes capital punishment. Women have accounted for only 3.6% of the more than 16,000 confirmed executions in the U.S. dating back to the colonial period in the 1600s, according to the group's data.

Since the U.S. Supreme Court reinstated the death penalty in 1976, 17 women have been executed throughout the nation, according to the data. Texas has put more women to death — six — than any other state. Oklahoma is next, with three, and Florida has executed two.

The federal government has executed one woman since 1976. Lisa Montgomery, of Kansas, received a lethal injection in January 2021 after the Trump administration resumed executions in the federal system following a 17-year hiatus. The Justice Department has halted executions again under the Biden administration.