Lawyers for a Texas woman who's denied she fatally beat her 2-year-old daughter are hopeful new evidence will stop her execution
In their clemency petition, Lucio’s lawyers say that while she had used drugs, leading her to temporarily lose custody of her children, she was a loving mother who worked to remain drug-free and provide for her family. Lucio has 14 children and was pregnant with the youngest two when Mariah died.
In the 2020 documentary “The State of Texas vs. Melissa,” Lucio said investigators kept pushing her to say she had hurt Mariah.Her lawyers say Lucio's sentence was disproportionate to what her husband and Mariah's father, Robert Alvarez, received. He got a four-year sentence for causing injury to a child by omission even though he also was responsible for Mariah's care, Lucio's lawyers argue.
“She was not evil. She was just struggling. ... If we had heard passionately from the defense defending her in some way, we might have reached a different decision,” juror Johnny Galvan wrote in an affidavit. Abbott can grant a one-time, 30-day reprieve. He can grant clemency if a majority of the paroles board recommends it.
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