Melissa Lucio
The Texas Court of Criminal Appeals has rejected Melissa Lucio’s latest effort to overturn her 2008 conviction and death sentence for the death of her 2-year-old daughter, ruling that she failed to show prosecutors withheld evidence that could have changed the outcome of her trial.
The ruling came despite a lower court’s recommendation that Lucio receive relief on her claim that prosecutors violated her constitutional rights by failing to disclose favorable evidence. Four judges dissented, with three saying the undisclosed evidence supported Lucio’s defense and that she should receive a new trial.
Texas court denies Lucio’s request for a new trial
In 2022, the appeals court stayed Lucio's execution so that a lower court could hear claims that new scientific evidence supported her claims of innocence and that suppressed evidence contributed to her conviction.
The lower court sided with Lucio and recommended her sentence and conviction get overturned.
On Thursday, the appeals court wrote that the lower court relied too heavily on Lucio's interpretation of the evidence and not the prosecution's case.
What they're saying:
"We decline to adopt any of the habeas court’s findings and conclusions, which exclusively reflect Applicant’s interpretation of the evidence and are often unsupported," the court wrote.
Judge Bert Richardson, in a concurring opinion, said Lucio's waiving of evidentiary hearings prevented the court from "examining her claims under the fullest illumination."
"It is stressed once again that even though she was given an eleventh-hour reprieve from her death sentence, Applicant waived all live evidentiary hearings despite the opportunity to conduct further fact-finding to advance her cause," Richardson wrote. "And despite all the inconsistencies and contradictions in her assertions on habeas, one can only presume that this decision was voluntarily and knowingly made with the understanding that her evidentiary burden is herculean."
Why the dissenters say Lucio deserves a new trial
The other side:
The court was not unanimous in its decision. Four of the nine judges dissented from the decision, with three – David Newell, Lee Finley and David Schenck – filing written opinions and Judge Scott Walker dissenting without filing an opinion.
The dissenting judges highlighted the state’s concession that prosecutors withheld favorable, material evidence in violation of Brady.
"The facts in this case are devastating," Judge David Newell wrote. "This makes the State’s failure to disclose material exculpatory evidence all the more tragic."
The evidence centered on a report prepared by CPS investigator Florence "Lucy" Arreola after Mariah’s death.
According to findings by the habeas court, which the dissenters said were supported by the record, the report included statements that:
- Lucio’s children denied she physically abused Mariah or her other children.
- Several children corroborated Lucio’s account that Mariah fell down stairs at the family’s previous apartment.
- Family members said Mariah’s health declined during the two days before her death, including excessive sleeping, trouble breathing, vomiting and lockjaw.
- One of Lucio’s daughters said Mariah had bruising around her eye from the fall.
The dissenters said the evidence could have helped Lucio challenge the prosecution’s theory that Mariah’s injuries resulted from intentional abuse.
Judge Lee Finley also criticized the majority for disregarding the findings of Judge Arturo Nelson, who presided over Lucio’s original trial and recommended that she receive relief.
"On balance, the Court should weigh Judge Nelson’s personal experience with Applicant’s case heavily. But the Court does not weigh Judge Nelson’s recommendation heavily; it does not weigh his recommendation at all. In fact, the Court disregards Judge Nelson’s recommendation entirely. It does so simply because there was no evidentiary hearing held," Finley wrote.
The majority disagreed, finding that Lucio failed to show the evidence was suppressed by the State or material enough to undermine confidence in the verdict.
The court said some of the information was cumulative of evidence already available to the defense, while other information could have been uncovered through a reasonable investigation. It also said the evidence did not overcome Lucio’s changing accounts, statements to police and the extensive injuries found on Mariah’s body.
The court separately rejected Lucio’s claim that new scientific evidence established her actual innocence. Under Texas law, those claims face a demanding "clear and convincing" evidence standard. The majority concluded Lucio had not shown that no reasonable juror could have convicted her in light of the new evidence.
What's next:
The ruling leaves Lucio's conviction and death sentence in place. It did not set a new execution date.
Lucio's attorney, Vanessa Potkin, said they would continue to push for Lucio's innocence.
"We are confident that the courts will clear Melissa Lucio and allow her to return home to her children and grandchildren. Justice will be done," Potkin said.
The Source: