A Texas judge has declared that Melissa Lucio, a mother on death row, is innocent in the 2007 death of her 2-year-old daughter, Mariah Alvarez. The decision was made by Judge Arturo Nelson, who presided over Lucio’s original trial. He filed an opinion in October, which was made public this week.
Lucio, 56, was sentenced to death in 2008 after prosecutors said her daughter died as a result of physical abuse. However, Lucio and her lawyers have maintained her innocence, arguing that Mariah died from complications after accidentally falling down a flight of stairs. In his findings, Judge Nelson wrote that Lucio was “actually innocent; she did not kill her daughter.” He also stated that Lucio had a right to have her conviction overturned because the state used false testimony in her trial and withheld evidence that was favorable to her case.
The judge cited new scientific evidence that was unavailable during her trial. The case now stands with the Texas Court of Criminal Appeals, the state’s highest criminal court. In 2022, the court halted Lucio’s scheduled execution to gather more evidence.
Texas judge declares innocence
It is unclear when the court will issue its ruling. Vanessa Potkin, one of Lucio’s lawyers and a special litigation director for the Innocence Project, said it could take a couple of months for the court to rule.
Once the court makes a decision, the case could be returned to trial court. At that point, a prosecutor would decide if the case should be retried or the charges dismissed. Lucio’s children, John Lucio, Michelle Lucio, and Bobby Alvarez, expressed their hope that their mother will be home soon.
They said, “This is the best news we could get going into the holidays. We pray our mother will be home soon.”
Potkin stated, “Melissa lived every parent’s nightmare when Mariah died after an 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.
After 16 years on death row, it’s time for the nightmare to end. Melissa should be home right now with her children and grandchildren.”
