A Texas judge has recommended overturning the conviction and death sentence of Melissa Lucio, a death row inmate, after finding clear evidence that her 2-year-old daughter, Mariah, died from an accidental fall, not abuse.
The case will now goes to the Texas Court of Criminal Appeals, which will decide whether to accept the recommendation.
Judge Arturo Nelson of Cameron County issued his findings on October 16, concluding that Lucio is "actually innocent" and that her 2008 conviction relied on false testimony and flawed evidence. He cited eyewitness accounts, autopsy results, and suppressed evidence that undermined the state's argument that Mariah's injuries were caused by abuse.
"This is the best news we could get going into the holidays," said John and Michelle Lucio, Melissa's son and daughter-in-law, according to the Texas Tribune. "We pray our mother will be home soon."
Lucio was convicted of capital murder after Mariah was found unresponsive at their Brownsville home in 2007.
The toddler was found with bruises, scratches and an apparent bite mark, which led police to believe the toddler had been killed. The death was determined to be a cause of blunt-force head injury.
Lucio has been living in death row for over 15 years. Her defense claims the case against her was based on a confession she gave after five hours of police interrogation, in which Lucio admitted to slapping and pinching Mariah but did not admit to causing her death. However, she later recanted that admission. Further interviews with five of her children after the death added that Lucio was not abusive to them or Mariah.
Nelson found that the confession was coerced and that the actions Lucio described would not have caused the injuries that led to Mariah's death. He also noted that scientific evidence shows Lucio was highly susceptible to making a false confession under pressure, particularly as a victim of long-term domestic and sexual abuse.
The judge further ruled that testimony by the state's medical examiner was false and misleading. The examiner claimed Mariah's injuries "could only have been caused by intentional physical abuse." Nelson determined Mariah's fatal injuries were consistent with her fall down the stairs two days before her death, as corroborated by family members who witnessed the fall.
In addition, prosecutors failed to disclose interviews with Lucio's children, who denied abuse and confirmed Mariah's fall. Nelson ruled this suppression of evidence violated Lucio's constitutional rights.
"Melissa Lucio lived every parent's nightmare when she lost her daughter after a tragic accident," said Vanessa Potkin, Lucio's attorney. "After 16 years on death row, it's time for the nightmare to end."
Lucio execution was already delayed in , as the Texas Court of Criminal Appeals ordered a review of her case. More than half of Texas' House of Representatives asked the parole board to do so.
Originally published in Latin Times.
