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Children of Melissa Lucio react to latest findings on suppressed evidence

1 month 5 days 20 hours ago Tuesday, April 09 2024 Apr 9, 2024 April 09, 2024 8:58 PM April 09, 2024 in News - Local

The children of Melissa Lucio issued a statement regarding new details in their mother’s case.

On Tuesday, the Associated Press reported that prosecutors in Lucio’s case found evidence was suppressed in her trial.

As part of the findings, Cameron County District Attorney Luis Saenz said Lucio would not have been convicted in the death of her 2-year-old daughter, Mariah.

RELATED STORY: Melissa Lucio's son recalls the day sister Mariah died

"We are grateful to District Attorney Saenz for recognizing that evidence that our baby sister Mariah’s death was an accident, not a murder, was never presented to the jury,” Michelle and John Lucio said. “We are also thankful to Melissa's legal team. We hope and pray that our mother can soon come home to her family." 

In 2008, a Cameron County jury found Lucio guilty in the death of Mariah.

According to the Associated Press, the suppressed evidence included witness statements and a report by Child Protective Services that would have corroborated Lucio's defense that her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.

Following news of the findings, Channel 5 News obtained a joint statement from Saenz and Lucio’s attorney — Vanessa Potkin of the Innocence Project.

READ MORE: Melissa Lucio's family reacts after Texas Court of Criminal Appeals halts execution

Read the statement in full below:

“On April 25, 2022, the Texas Court of Criminal Appeals (CCA) issued a stay of execution for Melissa Lucio. The CCA ordered the 138th Judicial District Court of Cameron County to consider new evidence of Melissa’s innocence in the death of her daughter, Mariah Alvarez, along with other claims regarding the fairness and reliability of her conviction. Following the CCA’s remand and in response to the Court’s directive, the Cameron County District Attorney’s Office undertook further review of Melissa’s case.

On January 11, 2023, the parties submitted Agreed Findings of Fact and Conclusions of Law to the trial court. This joint filing acknowledges that Melissa’s legal team did not have access to information favorable to her defense at the time of trial, thereby entitling her to habeas corpus relief from her conviction and sentence.

The Agreed Findings of Fact and Conclusions of Law are under review by the trial court. Under Texas procedure the trial court must make a recommendation to the CCA which is the only court that can vacate a conviction. We are hopeful that Melissa’s case will be resolved. 

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