Texas Mom Melissa Lucio Declared ‘Actually Innocent’ in Daughter’s Death After 16 Years on Death Row

by Gee NY

Melissa Elizabeth Lucio, a Texas mother who has spent over 16 years on death row, has been declared “actually innocent” by a judge in the death of her 2-year-old daughter, Mariah Alvarez.

The case now awaits a final decision from the Texas Court of Criminal Appeals, which will determine if her conviction and death sentence will be overturned.

A Tragic Case Revisited

Melissa Lucio. Courtesy Innocence Project 

Lucio, 56, was convicted of capital murder in 2008 after prosecutors alleged she fatally abused Mariah.

However, Lucio and her lawyers have consistently maintained that the child’s injuries and subsequent death were caused by an accidental fall down a staircase two days prior.

Senior Judge Arturo Nelson, who oversaw the original trial, issued a ruling on October 16 declaring Lucio “actually innocent.”

According to Nelson’s findings, “clear and convincing evidence” supports that Mariah’s injuries resulted from the fall, and extensive bruising was a complication, not evidence of abuse.

Suppressed Evidence and a Flawed Conviction

Melissa Lucio. Photo: Courtesy Innocence Project

Judge Nelson’s decision also cited significant suppression of evidence during Lucio’s trial. Interviews with Lucio’s children, which corroborated her account of the fall and denied allegations of abuse, were withheld.

Additionally, a Child Protective Services report detailing these interviews was never presented to the jury.

“This Court finds that Applicant never made an express admission to causing her daughter’s death,” Nelson wrote.

He added that Lucio’s coerced statements during hours of police interrogation were heavily relied upon to secure her conviction.

The court also concluded that the medical examiner’s testimony at the trial, asserting that physical abuse was the only explanation for Mariah’s death, was incorrect.

Advocacy and Support

Melissa Lucio’s sons Robert Alvarez, John Lucio and Lucio’s wife Michelle address a crowd on April 27, 2022. Denise Cathey/The Brownsville Herald via AP

Lucio’s case has garnered widespread attention, including support from advocates like Kim Kardashian and the Innocence Project, which took on her defense.

In a statement, Innocence Project attorney Vanessa Potkin said:

“Melissa lived every parent’s nightmare when she lost her daughter after a tragic accident. It became a nightmare from which she couldn’t wake up when she was sent to death row for a crime that never happened.”

Lucio was initially scheduled for execution on April 27, 2022, but proceedings were paused amid mounting evidence of her innocence.

Awaiting a Decision

The Texas Court of Criminal Appeals will now decide whether Lucio’s conviction will be overturned. There is no set timeline for this decision.

“This is the best news we could get going into the holidays,” said John and Michelle Lucio, Melissa’s son and daughter-in-law, in a statement. “We pray our mother will be home soon.”

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