Melissa Lucio execution: Texas Court of Criminal Appeals issues stay
Lucio was convicted of killing her 2-year-old daughter, Mariah, in Harlingen 15 years ago. Her execution was scheduled for Wednesday.
AUSTIN (KXAN) — The Texas Court of Criminal Appeals has granted a stay of Melissa Lucio's execution, according to Texas Rep. Jeff Leach.
Lucio was convicted of killing her 2-year-old daughter, Mariah, in Harlingen 15 years ago. Her execution was scheduled for Wednesday.
Her lawyers say new evidence shows Mariah's injuries were caused by a fall down a staircase. They also believe Lucio may have been coerced into confessing to the murder on the day of her daughter's death.
Since the conviction, five of the 12 jurors have publicly stated if they had known about the new evidence, they would not have sentenced her to death.
“I was wrong to sentence Melissa. I pray it is not too late to right the wrongs,” juror Johnny Galvan said on April 12.
Lawmakers have rallied around Lucio, signing letters and asking the board of pardons and paroles to intervene in Lucio's execution. Both a supermajority in the Texas House and a group of 20 Texas Senators have sent letters to the board.
"New evidence that has emerged since Ms. Lucio’s trial points to the fact that her daughter, Mariah, died after a tragic accident and not by her mother’s hands,” said the senators in their letter on April 14. “A commutation or a reprieve would give her lawyers the time they need to develop all the evidence that could prove Ms. Lucio’s innocence.”
What's next for Lucio?
Lucio will go back to trial court in Brownsville, where new evidence will be presented by Lucio's attorneys. The court will make a recommendation to the Court of Criminal Appeals, which will ultimately decide if she'll get a new trial.
For the first time, the court will consider whether she should have been convicted in the first place. Lucio's attorneys say that is rare.
On Monday, her attorneys said the prosecution relied on false testimony to get the conviction, while claiming that new scientific evidence proves she's innocent.
As of Monday, Lucio is still technically on death row.