Wednesday, April 6, 2022

Melissa Lucio: Death Row; Texas: Innocent woman, whose daughter, Mariah, died two days after tragically falling down a flight of stairs at their home while in the process of moving, faces execution on April 27...Sabrina Butler-Smith explains (through The Innocence Project) why, though she and Melissa have never met, have a lot in common... "Both of us lost our babies. Both of us were hauled into police interrogations mere hours after their deaths, still numb and in shock. Both of us were coerced, convicted of murder, and sentenced to die for killing our children — something we didn’t do. The difference between Melissa and me, is that I was lucky enough to get a new trial. My attorneys were able to show that my 9-month-old son, Walter, died from a hereditary kidney condition. There was no murder, and after six and a half years in prison, I was cleared of any wrongdoing."...Melissa’s daughter, Mariah, died two days after tragically falling down a flight of stairs at their home while in the process of moving. Until you have walked in our shoes, there is no way to know how you would react after losing a child — or how you would react to being accused of killing them. For me, it was an out-of-body experience. After four hours of being berated while trapped in an interrogation room, I just wanted them to stop. I was tired. I was broken. Finally, an officer handed me a statement that said I had hit my baby and that’s what killed him. I resisted in the only way I could. I signed my name in the wrong place on the confession. The police also used these same coercive interrogation tactics on Melissa. They took her into custody on the night her daughter died and aggressively questioned her for hours. Melissa, who was pregnant with twins at the time, asserted her innocence more than 100 times. But after more than five hours of unrelenting, hostile questioning, she told officers, “I guess I did it.” As her clemency application states, Melissa has a low IQ, struggled with addiction and poverty, and is a survivor of child sexual abuse and domestic violence. Two nationally recognized experts in false confessions who reviewed Melissa’s case have said that her cognitive impairments and history of trauma made her especially vulnerable to manipulative, intimidating interrogation techniques."


PASSAGE OF THE DAY: "The truth is, the deck is stacked against women like us. Women who are poor, isolated. Women of color. But it doesn’t have to be that way. We can put a stop to Melissa’s execution. It’s the right thing to do. There is still time to avoid making this horrifying mistake."

So please, take a moment to sign the petition calling on Texas to stop the execution of Melissa Lucio or text SAVEMELISSA to 97016 to see how you can get involved.

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POST: The Innocence Project: April 6, 2022.

GIST: "I’ve never met Melissa Lucio, but we have a lot in common. Both of us lost our babies. Both of us were hauled into police interrogations mere hours after their deaths, still numb and in shock. Both of us were coerced, convicted of murder, and sentenced to die for killing our children — something we didn’t do.

The difference between Melissa and me, is that I was lucky enough to get a new trial. My attorneys were able to show that my 9-month-old son, Walter, died from a hereditary kidney condition. There was no murder, and after six and a half years in prison, I was cleared of any wrongdoing.

But Melissa has been on death row in Texas for 14 years, and unless she is granted clemency by the governor, she will be executed on April 27 for the murder of her 2-year-old daughter — a crime that never actually occurred.

The Innocence Project is fighting to stop that from happening. 

Melissa’s daughter, Mariah, died two days after tragically falling down a flight of stairs at their home while in the process of moving.

Until you have walked in our shoes, there is no way to know how you would react after losing a child — or how you would react to being accused of killing them. For me, it was an out-of-body experience. After four hours of being berated while trapped in an interrogation room, I just wanted them to stop. I was tired. I was broken. Finally, an officer handed me a statement that said I had hit my baby and that’s what killed him. I resisted in the only way I could. I signed my name in the wrong place on the confession.

The police also used these same coercive interrogation tactics on Melissa. They took her into custody on the night her daughter died and aggressively questioned her for hours. Melissa, who was pregnant with twins at the time, asserted her innocence more than 100 times. But after more than five hours of unrelenting, hostile questioning, she told officers, “I guess I did it.”

As her clemency application states, Melissa has a low IQ, struggled with addiction and poverty, and is a survivor of child sexual abuse and domestic violence. Two nationally recognized experts in false confessions who reviewed Melissa’s case have said that her cognitive impairments and history of trauma made her especially vulnerable to manipulative, intimidating interrogation techniques.

I pray that Melissa lives. I pray that she can be with her children and grandchildren again. And I hope that she will get the opportunity to tell her story in her own words like I did.

The truth is, the deck is stacked against women like us. Women who are poor, isolated. Women of color. But it doesn’t have to be that way. 
We can put a stop to Melissa’s execution. It’s the right thing to do. There is still time to avoid making this horrifying mistake.

Thank you so much,

Sabrina Butler-Smith
Exonerated in 1995

https://mail.google.com/mail/u/0/#inbox/FMfcgzGmvnzQZGdKqLCxNBPWBrFLKTMQ

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PASSAGE OF THE DAY: (National Registry of Exonerations: Sabrina Butler): 

"Butler later described her interrogation by a detective. “I was alone with no lawyer or parent with me. I told him I tried to save my baby. He wrote down what I said and threw it in the garbage. He yelled at me for three hours. No matter what I said, he screamed over and over that I had killed my baby. I was terrified. I was put in jail and not allowed to attend Walter’s funeral." “I was a teenager who, less than 24 hours before, had lost my precious baby boy. Ambitious men questioned, demoralized and intimidated me. In that state of mind, I signed the lies they wrote on a piece of paper. I signed my name in tiny letters in the margin to show some form of resistance to the power they had over me.” 

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Read  Sabrina Butler's National Registry of Exonerations entry by Maurice Possley, last updated on August 21, 2019, at the link below: Contributing factors: False confessions; False or misleading forensic science; Official misconduct. 

GIST: "Shortly after midnight on April 12, 1989, 18-year-old Sabrina Butler rushed into the Columbus, Mississippi hospital with her lifeless nine-month-old son, Walter. 
 
She said she had tried to resuscitate him after finding him not breathing. Attempts to revive the baby at the hospital were unsuccessful. The baby had serious internal injuries.
 
Over the next several hours and into the morning, Butler gave several different accounts of what happened. These accounts included a fictitious babysitter as well as versions in which she went jogging by herself and went jogging with the baby in the stroller. 
 
Ultimately, she signed a statement saying that she had punched the baby in the abdomen when he wouldn't stop crying. Less than 24 hours after the baby died, Butler was charged with his murder.
 
On March 8, 1990, Butler went on trial. The prosecution focused on her statement in which she said she punched the baby, noting that an autopsy showed the baby had numerous internal injuries and peritonitis was present—an internal infection that takes at least an hour to appear.
 
Butler's defense consisted of cross-examination of prosecution witnesses in an attempt to establish that the physical state of the baby's body was the result of clumsy attempts by Butler to revive the baby. There were no witnesses called by the defense.
 
On March 14, 1990, Butler was convicted by a jury and was sentenced to death. She was the only woman on Mississippi's Death Row.
 
The conviction and sentence were set aside on August 25, 1992 by the Mississippi Supreme Court which ruled that the trial prosecutor, Lowndes County District Attorney Forrest Allgood, improperly commented on Butler's decision not to testify at the trial.
 
A defense request for change of venue was granted and Butler went on trial for a second time in December 1995 in Panola County. Butler’s attorney, Clive Stafford Smith, presented testimony from neighbors who said Butler had attempted to perform cardiopulmonary resuscitation on the baby, and so did one of the neighbors. A medical expert testified that the injuries could have been caused by those efforts to save the child.
 
The defense also elicited testimony from the physician who performed the autopsy that his work had been less than thorough. 
 
The jury deliberated briefly before acquitting Butler on December 17, 1995. She later was granted $329,000 in state compensation.

Butler later described her interrogation by a detective.

“I was alone with no lawyer or parent with me. I told him I tried to save my baby. He wrote down what I said and threw it in the garbage. He yelled at me for three hours. No matter what I said, he screamed over and over that I had killed my baby. I was terrified. I was put in jail and not allowed to attend Walter’s funeral."

“I was a teenager who, less than 24 hours before, had lost my precious baby boy. Ambitious men questioned, demoralized and intimidated me. In that state of mind, I signed the lies they wrote on a piece of paper. I signed my name in tiny letters in the margin to show some form of resistance to the power they had over me.” 

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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;



SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:




FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;