Melissa Lucio, a mother of 14 condemned to the death penalty, had a critical update on her case today (November 15) after a judge determined she’s “actually innocent,” and recommended her 2008 conviction to be overturned.

Lucio, from Brownsville, Texas, was arrested in 2007 following the passing of her 2-year-old daughter, Mariah Álvarez, who was found unresponsive at home. Lucio was convicted of capital murder in 2008 and has since been fighting to clear her name.

The 55-year-old mother has consistently claimed that her daughter fell down the stairs accidentally and that she had nothing to do with the tragic incident. 

Judge Arturo Nelson of Cameron County District Court acknowledged Lucio’s version of events and found her innocent based on newly submitted evidence previously withheld by prosecutors.

A mother condemned to the death penalty was determined “innocent” by a judge who recommended the decision to be overturned

Image credits: Ilana Panich-Linsman / Innocence Project

Evidence against the mother relied on the state of her daughter’s body, which exhibited signs of trauma caused by a physical altercation. 

Mariah was bruised, scratched, and had signs of having been bitten that were reported by the paramedic team that tried to resuscitate her on February 17, 2007, after they were called to her residence due to the child being unresponsive.

Image credits: Innocence Project

Medical Examiner Dr. Norma Jean Farley asserted that the injuries could only have been caused by intentional abuse. Upon hearing the testimony and interviewing Lucio, Texas Ranger Victor Escalon determined that the mother was guilty based on her demeanor, which showed signs of guilt, such as avoiding eye contact.

Despite initially claiming that all of Mariah’s injuries were the result of an accident, Lucio retracted her claims in an interrogation afterward. The mother admitted to slapping, pinching, and biting her daughter but remained adamant that she didn’t cause her to fall. 

The decision to place Lucio on death row came after authorities concluded that her physically abusing her daughter was not an accident but a pattern of behavior

Image credits: Innocence Project

Further complicating the case for Lucio were two things: the autopsy report and her history with Child Protective Services.

Investigators determined that Mariah’s bruises were not the result of a specific fight but the remains of a lifetime of physical abuse. The report also showed that the 2-year-old had broken her arm as far as seven weeks before her death, with Lucio failing to seek medical care.

Image credits: Innocence Project

Child Protective Services had previously investigated Lucio, determining that her children were neglected and that she was addicted to cocaine. Authorities decided to put most of them in foster care, with the three of them going to live with their father in Houston.

Kim Kardashian came to Lucio’s defense as the date for her execution neared in April 2022, successfully postponing it 

Image credits: Chip Somodevilla / Getty

The Lucio case gained renewed attention after Kim Kardashian became involved in April 2022, using her platform to advocate for clemency as her execution date of April 27 got near. The media mogul shared a letter from Lucio’s children, who pleaded for their mother’s life to be spared.

Image credits: Innocence Project

Kardashian was successful in her plea, leading to a stay of execution that allowed judges to review the case once again, resulting in the recent recommendation of overturning her conviction by Judge Arturo Nelson.

Image credits: Ilana Panich-Linsman / Innocence Project

“[Lucio] met her burden of proof, by a preponderance of the evidence, that she would not have been convicted in light of the suppressed evidence,” Nelson stated. 

The case has now been moved to the Court of Criminal Appeals (CCA) and awaits its resolution.

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