Melissa Lucio Execution: New Evidence Could Save Mom on Death Row

The Melissa Lucio execution case lawyers are working harder and racing against time to save the embattled mother from the death penalty for allegedly killing Mariah, her 2-year-old daughter. 

Lucio's execution has been scheduled for Wednesday, April 27, 2022, but her lawyers said they have new evidence to prove that she did not kill her child. The mother's legal team recently filed a clemency petition with the Texas Board of Pardons and Paroles that will hopefully save the mother on death row.

Vanessa Potkin of The Innocence Project works with the other attorneys representing the mom. She told USA Today that the clemency petition will pave the way for the courts to see that the evidence against Lucio's conviction was based on "false and erroneous medical evidence."  

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There Was No Crime Committed, Lawyers Said

According to The Innocent Project, no crime was committed in the Melissa Lucio execution case. The mother, however, was blamed for the death of Mariah from the start of the investigations 14 years ago.

Her lawyers insisted that Mariah did not die from physical abuse, but she fell from the stairs when the Lucios settled into their new house in 2007. Mariah had a physical disability that affected her walk and gait. Two days after she fell, the toddler did not wake up from her nap anymore. 

The Innocent Project said that the investigators did nothing to learn about the toddler's medical history. Instead, they immediately blamed the mother for the murder. 

Lucio, who was pregnant and still in shock from losing Mariah, was pressured to make false claims that she killed her daughter during coercive investigations. However, she has maintained for the last 14 years that she has never hurt Mariah. The state could not produce any evidence that the mother was abusive towards her other children.

Lucio has 14 kids, who were split up when their mom went to prison. Lucio is also a survivor of domestic violence and sexual abuse. She admitted that she took drugs and lived in poverty for most of her life. 

She was a child bride at 16 years old who could not leave her marriage until her husband abandoned her and the children. Her partner, after her marriage, also physically abused and raped her.

According to the lawyers, the jury never heard this side of Lucio's defense when they convicted her of capital murder based solely on testimonies from the investigators and the first responders. Lucio's death penalty conviction was upheld in 2011, overturned in 2019, and was reinstated by the full court in 2021 "for procedural reasons." 

"The criminal legal system failed her and her family, and if it executes her, it will continue to do so," The Innocent Project stated. 

Persuading Gov. Greg Abbott

Aside from the Texas Board of Pardons and Paroles, Lucio's lawyers also need to convince Gov. Greg Abbott so he could grant a stay of execution or commute Lucio's sentence. Meanwhile, public support for the mom on death row has been growing, especially from 83 Texas lawmakers. The lawyers have obtained statements from the jurors as well, who now doubt the conviction, as per NPR. 

Since 1976, 17 women have been executed in Texas. The mother was the subject of "The State of Texas vs. Melissa" documentary released in 2020. 

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