BACKGROUND: "Lucio was first arrested in 2007 after her two-year-old, Mariah, was found motionless in her family’s home. The child showed signs of a broken arm untreated for weeks, a head injury, bite marks on her back, and bruises across her body. Prosecutors said she beat her child to death. However, Lucio said the two-year-old sustained the injuries by falling down stairs. Lucio was convicted and sentenced to death in 2008. She was scheduled to be executed in 2022, but the Texas Court of Criminal Appeals granted her a stay with just 48 hours to spare. Now, Judge Nelson, the District Attorney’s office and Lucio’s legal team all agree suppressed evidence — such as a Child Protection Services report and witness statements — would have corroborated Lucio’s defence."
https://smithforensic.blogspot.com/2024/04/mellisa-lucio-texas-one-step-closer-to.html
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PASSAGE OF THE DAY: "The Court of Criminal Appeals determined those four claims met the requirements, and stopped her execution. On April 12, 2024, an agreed findings of facts and conclusions was filed signed by the Cameron County District Attorney’s Office and Senior Judge Arturo Nelson. The 33-page document states that parties are in agreement that relief should be granted, citing that the State withheld favorable material evidence at the trial."
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STORY: "Melissa Lucio case sent back to trial court," by Digital Executive Producer Steven Masso, published by Valley Central, on January 24, 2024.
GIST: The case against Melissa Lucio, the Harlingen mother convicted of killing her young daughter, has been sent back to trial court.
An order filed June 19 in the Court of Criminal Appeals of Texas states that a trial court has 90 days to “make findings of fact, conclusions of law and a recommendation,” based on several claims made by Lucio.
Lucio was convicted of capital murder in July 2008 in the killing of her 2-year-old daughter Mariah Alvarez. She was scheduled to be executed April 27, 2022.
Nine days before her execution date, Lucio filed a habeas application, raising nine claims for relief. Among those, Lucio claimed that previously unavailable scientific evidence would have helped her case, her counsel provided ineffective assistance and the state violated her Sixth Amendment right to be free from pre-trial interrogation. She also claimed she was innocent of the offense.
The Court of Criminal Appeals determined those four claims met the requirements, and stopped her execution.
On April 12, 2024, an agreed findings of facts and conclusions was filed signed by the Cameron County District Attorney’s Office and Senior Judge Arturo Nelson.
The 33-page document states that parties are in agreement that relief should be granted, citing that the State withheld favorable material evidence at the trial.
“The parties agree that [Lucio] is entitled to relief because there is reasonable probability that the outcome of [Lucio’s] trial would have been different had the evidence been disclosed,” the document stated.
The parties asked to hold Lucio’s other claims pending the findings regarding this claim.
“We decline the trial court’s invitation to engage in piecemeal litigation,” the Court of Appeals stated.
The Court of Appeals stated that any requests for extensions must be made by the trial court and directed to Court of Appeals.
The entre story can be read at:
https://www.valleycentral.com/news/local-news/melissa-lucio-case-sent-back-to-trial-court/
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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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;
