Appeals court rejects ruling that Texas death row inmate Melissa Lucio is innocent
Related Story
The Texas Court of Criminal Appeals has rejected a lower court's ruling that found Melissa Lucio innocent, keeping her conviction and death sentence in place.
Channel 5 News has learned the decision was split 5-4.
Lucio is on death row for the death of her 2-year-old daughter, Mariah. She was convicted in 2008.
Lucio has been on death row since her conviction, but appeals have argued that Mariah’s fatal head trauma was caused by an accidental fall.
The Cameron County District Attorney's Office says the girl's injuries are inconsistent with a fall down the stairs, and the office is prepared to move forward with Lucio's death sentence.
In 2022, Lucio came within two days of execution before the court stopped it and sent parts of her case back to a lower court for another look.
Judge Arturo Nelson, the same judge who presided over her original trial, conducted that review. Nelson later found new evidence showed Lucio did not kill her daughter and recommended her conviction and death sentence be overturned.
Part of that evidence included statements from Lucio's children supporting her account that Mariah had fallen down the stairs before her death.
The Cameron County District Attorney's Office also agreed that some evidence that could have helped Lucio's defense had not been given to her attorneys.
But the higher court said the new evidence was not enough to throw out her conviction.
READ MORE: Appeals court rejects finding that Texas death row inmate Melissa Lucio is innocent
"Applicant has not established that the evidence at issue was suppressed by the State. She has also failed to demonstrate that this evidence was material to guilt or punishment, in that there is a reasonable probability that, had the evidence been disclosed, the outcome of trial would have been different," the appeals court said in its ruling.
Some of Lucio's family members called the decision devastating in a statement. They said they had already been making plans for the day she would come home.
John Lucio posted a statement on social media saying the family is heartbroken.
"We are heartbroken and at a loss for words… our family's pain has gone on for too long, and she isn't the only one suffering… as our family tries to understand this outcome, we need to continue to keep strong not only for ourselves but for our momma bear Melissa Elizabeth Lucio, who continues to need our love and support. This fight is not yet over, and we will continue to fight this fight with you, Mother. Please continue to pray for our family," John Lucio said.
Lucio's attorney said Lucio had been informed of the ruling, but the attorney had not yet spoken directly with her.
"It was a five-four opinion, and we will now be taking her case to federal courts, and we're not going to stop until Melissa Lucio receives justice and is free," Innocence Project Special Litigation Director Vanessa Potkin said.
Cameron County District Attorney Luis Saenz also released a statement saying his office will continue to speak up for Mariah, whom he calls the "forgotten victim."
See the statement in full below:
"Defendant Lucio has been duly afforded every legal opportunity to litigate her appeals. I expect that Lucio's defense team will petition the court for a rehearing of today's decision. I respect their advocacy and their efforts to continue to pursue legal relief for their client. By the same token, I and my appellate division will continue to speak up for the seemingly forgotten victim in this case, 2-year-old baby Mariah Lucio, who as the court noted upon looking at 'some photos depicting the child's injuries… because a picture can be worth a thousand words,' said injuries are not consistent with a fall from a stairway. We will now move forward and pursuant to the court's ruling today seek to carry out the punishment verdict rendered by a jury of Cameron County citizens on July of 2008."
Lucio does not have a new execution date. Saenz said he expects her attorneys to first ask the state's highest criminal court to take another look at the decision.
Watch the video above for the full story.
News
