A judge has recommended that the conviction and death sentence of Melissa Lucio, a Texas woman, should be overturned due to suppressed evidence in her murder trial. The evidence, including witness statements from Lucio’s children and a report by Child Protective Services, 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.
The agreement between prosecutors and Lucio’s attorneys stated that she would not have been convicted in light of the suppressed evidence. The recommendation has been sent to the Texas Court of Criminal Appeals for a final decision on whether Lucio’s conviction and death sentence will be overturned.
Lucio’s case has gained attention and support, including from celebrities like Kim Kardashian. Her children expressed hope that their mother would be able to come home after 17 years of separation.
The findings in Lucio’s case had been under review for 16 months before another judge was assigned to address them. The presiding judge approved the findings, paving the way for a potential overturning of the conviction and death sentence.
Lucio, who was set for lethal injection in April 2022 for the death of her daughter in 2007, had her execution halted by the Texas Court of Criminal Appeals to review new evidence that could exonerate her. Prosecutors had previously argued that Mariah was a victim of abuse, pointing to bruises on her body.
Support for Lucio’s case has come from various quarters, including bipartisan lawmakers who see her prolonged incarceration as an injustice that can be rectified. The case continues to unfold as the legal process moves forward.
