Efforts to free Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her two-year-old daughter, were significantly bolstered after a judge concluded that she is “actually innocent” of capital murder.
Senior state district judge Arturo Nelson concluded that prosecutors presented false testimony, suppressed evidence and that new scientific evidence that was not available during Lucio’s 2008 trial undermines and contradicts evidence presented by the state. He recommended that Lucio’s conviction and death sentence be overturned.
“This court finds Lucio has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote in a 62-page ruling he signed in October but was not made public until Thursday.
Lucio has long maintained she is innocent and that her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.
Nelson’s recommendation has been sent to the Texas court of criminal appeals, which will make the final decision in Lucio’s case. There was no timetable for a ruling by the appeals court.
Lucio’s case has garnered support from celebrities such as Kim Kardashian and a bipartisan group of lawmakers.
“This is the best news we could get going into the holidays,” John and Michelle Lucio, Melissa Lucio’s son and daughter-in-law, said in a statement. “We pray our mother will be home soon.”
Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio’s attorneys, said Lucio was “sent to death row for a crime that never happened”.
The Cameron county district attorney’s office, which prosecuted Lucio, did not immediately reply to an email seeking comment.
Lucio, 56, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas’s southern tip. But the Texas court of criminal appeals halted her lethal injection two days before her execution so Lucio’s claims that new evidence would exonerate her could be reviewed.
The appeals court had asked the trial court to review four claims made by Lucio’s lawyers: prosecutors used false testimony; previously unavailable scientific evidence would preclude her conviction; Lucio is actually innocent; and prosecutors suppressed evidence favorable to her.
In April, Nelson had approved an agreement between prosecutors and Lucio’s attorneys that found Lucio’s conviction should be overturned amid findings that evidence in her murder trial was suppressed. Prosecutors had previously maintained Mariah was the victim of abuse and noted her body was covered in bruises.
The appeals court sent the case back to Nelson in June, asking he also make recommendations in the other three claims.
Nelson found in favor of Lucio in the other three claims as well, including faulting prosecutors for presenting medical expert testimony that claimed the girl’s injuries could only have been caused by abuse and presenting “scientifically wrong testimony” from a Texas ranger who claimed he could tell Lucio was guilty based on her demeanor and body language when interrogated.