A judge in Texas has announced that Melissa Lucio, a mother who has been imprisoned for the past 16 years, is “actually innocent” of the crime for which she was convicted. This hopeful news comes as the judge recommends that her conviction for the death of her two-year-old daughter, Mariah Alvarez, be overturned. Lucio, now 56 years old, narrowly avoided execution over two years ago and has continually proclaimed her innocence.
Mariah Alvarez died back in February 2007, and prosecutors claimed that her death was due to severe physical abuse directed by her mother. However, Lucio has steadfastly maintained that the injuries leading to her daughter’s death were caused by an accidental fall down a staircase. Recently, Judge Arturo Nelson, who oversaw Lucio’s original trial, stated that evidence undermining the prosecution’s case was not shared with her defense team.
In his ruling, Judge Nelson wrote, “Applicant is actually innocent; she did not kill her daughter.” Nelson’s findings were officially filed in October but were only released to the public this week. The next step involves the Texas Court of Criminal Appeals, which will consider whether to vacate Lucio’s conviction and death sentence.
In his statements, Judge Nelson indicated that vital evidence supporting Lucio’s claims was improperly withheld from her defense. This included interviews from her other children confirming that their mother was not abusive and that Mariah had indeed fallen down the stairs prior to her death. Some of these children’s testimonies also aligned with the defense’s argument that Mariah’s health worsened significantly after this fall.
Judge Nelson raised serious concerns regarding the testimony of the state’s medical examiner, who initially asserted that the injuries could only have been caused by abuse. According to the judge, this information was both “incorrect” and misleading.
“This Court finds that Applicant has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote. He further noted that “no rational juror could convict Applicant of capital murder or any lesser included offense.”
The response from Lucio’s family has been overwhelmingly positive. John Lucio and Michelle Lucio, her son and daughter-in-law, expressed their joy in a statement, saying, “This is the best news we could get going into the holidays. We pray our mother will be home soon.” They were joined by Bobby Alvarez, another of Lucio’s sons, in hopeful anticipation of her return.
Lucio’s legal representatives, including Vanessa Potkin from the Innocence Project, have reiterated the trauma Lucio has experienced. Potkin stated, “Melissa lived every parent’s nightmare.” She continued, “It became a nightmare from which she couldn’t wake up when she was sent to death row for a crime that never happened. After 16 years on death row, it’s time for the nightmare to end. Melissa should be home right now with her children and grandchildren.”
The future of Lucio’s case is now in the hands of the Texas Court of Criminal Appeals, which will carefully review the evidence and the judge’s ruling. The hopes of Lucio’s family and supporters are high as they await a decision that could finally bring her home.
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