BACKGROUND: From a previous post of this blog (May 2, 2026): "In April 2022, attorneys for Lucio and Saenz proposed a motion to vacate Lucio’s conviction, calling for her release and removal from death row. According to the article, the motion was signed by the same judge who originally sentenced Lucio to death and who has since publicly endorsed her innocence. The Texas Court of Criminal Appeals, where the motion was sent, has not ruled on the matter.",,, "Along with the temporary halt to the execution, Alvarez writes that the Texas Court of Criminal Appeals ordered an evidentiary hearing to examine claims, corroborated by Cameron County District Attorney Luis V. Saenz, that exonerating evidence had been withheld at trial. An investigation revealed that former Cameron County District Attorney Armando Villalobos withheld favorable evidence, including reports from interviews with Lucio’s other children. Harlingen police and Child Protective Services supported that finding, according to Alvarez. “We just want to see my mother free,” Melissa’s son John Lucio said in a statement. “She should never have been convicted. She should never have faced execution. And I can’t believe it is four years later and we’re all still waiting.”... "The call for Lucio’s freedom has inspired many supporters to rally behind the Harlingen mother, Alvarez writes. Filmmaker Sabrina Van Tassel created a documentary titled “The State of Texas vs. Melissa,” which includes footage of police interrogations in which officials prompted “a sleep-deprived Lucio into spanking a doll” after intense questioning. Alvarez writes that during the hourslong interrogation, Lucio “made statements that were taken to suggest she felt responsible for her daughter’s death.”
https://draft.blogger.com/blog/post/edit/preview/120008354894645705/8748447505530472358
PASSAGE OF THE DAY: "In April 2024, Luis Saenz, the Cameron County district attorney, said his predecessor had withheld evidence that would have benefited Ms. Lucio. Later that year, Judge Nelson declared that Ms. Lucio was “actually innocent; she did not kill her daughter.” On Thursday, the Texas Court of Criminal Appeals said that it rejected the lower court’s findings, which relied too heavily on Ms. Lucio’s interpretations of events.
PASSAGE TWO OF THE DAY: "Of the nine judges, three dissented and filed opinions, while another judge dissented without filing an opinion. In one dissenting opinion, Judge Lee Finley said that Judge Nelson was “in a better position than this court to make the determination of whether the state’s concession of error is credible.” Vanessa Potkin, a lawyer for Ms. Lucio, said in a statement that she planned to ask a federal court to stop the execution. “Between Judge Nelson’s detailed findings of innocence, and District Attorney Saenz’s concession of error, we are confident that the courts will clear Melissa Lucio and allow her to return home to her children and grandchildren,” Ms. Potkin said. “Justice will be done.”
GIST: "The Texas Court of Criminal Appeals rejected a lower court’s finding on Thursday that a woman on death row was innocent in the 2007 death of her 2-year-old daughter.
The woman, Melissa Lucio, 58, was sentenced to death in 2008 after being convicted of capital murder in the death of her daughter, Mariah Alvarez. Ms. Lucio’s lawyers have long maintained that Mariah had died from complications after accidentally falling down a flight of stairs.
The 5-4 decision from the Texas Court of Criminal Appeals, the state’s highest criminal court, was the latest turn in a lengthy legal case that drew attention from state lawmakers, faith groups and other organizations.
Ms. Lucio was days away from execution in April 2022 when the Texas Court of Criminal Appeals stopped it and ordered a closer look at her case. The court asked Judge Arturo Nelson, who has presided over the trial, to review the evidence and report back.
In April 2024, Luis Saenz, the Cameron County district attorney, said his predecessor had withheld evidence that would have benefited Ms. Lucio. Later that year, Judge Nelson declared that Ms. Lucio was “actually innocent; she did not kill her daughter.”
On Thursday, the Texas Court of Criminal Appeals said that it rejected the lower court’s findings, which relied too heavily on Ms. Lucio’s interpretations of events.
“After careful review, we conclude that the record before us does not support a grant of habeas relief on any of applicant’s remanded allegations,” the court said in an unsigned opinion.
Of the nine judges, three dissented and filed opinions, while another judge dissented without filing an opinion. In one dissenting opinion, Judge Lee Finley said that Judge Nelson was “in a better position than this court to make the determination of whether the state’s concession of error is credible.”
Vanessa Potkin, a lawyer for Ms. Lucio, said in a statement that she planned to ask a federal court to stop the execution.
“Between Judge Nelson’s detailed findings of innocence, and District Attorney Saenz’s concession of error, we are confident that the courts will clear Melissa Lucio and allow her to return home to her children and grandchildren,” Ms. Potkin said. “Justice will be done.”
When Mariah died in 2007, Ms. Lucio was pregnant with twins and had 12 children. Ms. Lucio has long maintained her innocence.
According to the Texas Department of Criminal Justice, paramedics were called to Ms. Lucio’s home in Cameron County on Feb. 17, 2007, when they found an unresponsive 2-year-old child.
Ms. Lucio’s lawyers said that Mariah had fallen down a flight of stairs, and two days later, she did not wake up from a nap. An autopsy report said that the cause of death was blunt force trauma to the head."
