Texas Judge Finds Mother on Death Row Innocent in Daughter’s Death
The New York Times
In a court filing, the judge said the conviction of Melissa Lucio, whose scheduled execution in 2022 was halted, should be overturned. The state’s highest criminal court will now decide.
A Texas district judge declared that a mother on death row is innocent in the 2007 death of her 2-year-old daughter, according to court documents filed in October but made public this week.
The decision in the case now stands with the Texas Court of Criminal Appeals, the state’s highest criminal court, which in 2022 halted a scheduled execution of the mother, Melissa Lucio, to gather more evidence. That included asking the district judge in the original trial, Arturo Nelson, to file an opinion. An execution date has not been rescheduled.
Ms. Lucio, 56, who lived in the border city of Harlingen, was sentenced to death in 2008 after her daughter, Mariah Alvarez, died as a result of what prosecutors said was the mother’s physical abuse. Ms. Lucio and her lawyers have long maintained her innocence, arguing that Mariah died from complications after accidentally falling down a flight of stairs. An autopsy said the cause of death was blunt force trauma to the head.
Judge Nelson sided with Ms. Lucio in his recent findings, writing that she was “actually innocent; she did not kill her daughter.”
He added that, even regardless of that conclusion, Ms. Lucio had a right to have her conviction overturned because the state had used false testimony in her trial and withheld evidence that was favorable to her case. The judge also cited new scientific evidence that was unavailable during her trial.
It was unclear on Saturday when the Court of Criminal Appeals would issue its ruling. Vanessa Potkin, one of Ms. Lucio’s lawyers and a special litigation director for the Innocence Project, said it could take a couple of months. Once that court rules, the case could be returned to trial court, at which point a prosecutor would decide if the case should be retried or the charges dismissed.
