3 years after Melissa Lucio’s stay of execution, her fate still lies with appellate court

Melissa Lucio is seen in this undated photo. (Courtesy: Melissa Lucio’s attorneys)

Three years before Friday, Melissa Lucio was marked for death.

Accused of the in July 2008 murder of her 2-year-old daughter, Mariah Alvarez, she was sitting on death row in hopes of avoiding what some thought would be inevitable.

That changed suddenly on April 25, 2022 when the Texas Court of Criminal Appeals halted her execution, just two days before she was scheduled to be executed.

The appellate court had ruled that four claims in a writ of habeas corpus filed April 18, 2022, met the requirements to stay her execution.

And just like that, the first Mexican-American woman sentenced to death in Texas, bought some time.

The third anniversary of Lucio’s stay came Friday, and it was marked by Abraham Bonowitz, executive director of death penalty action and organizer of the #FreeMelissaLucio campaign, who issued a statement,

“Three years ago today, Melissa Lucio was two days from execution,” Bonowitz said in a news release. “She is innocent. There was no crime. Why is she still on Texas’ death row? There is no good answer.”

Many have since expressed support for Lucio’s innocence, including the trial judge in her case.

Melissa Lucio’s son John is embraced by his grandmother Esperanza Treviño while live-streaming the media event to announce their state-wide education campaign about Lucio’s case on Feb. 16, 2022, at Treviño’s home in Harlingen. (Denise Cathey/The Brownsville Herald)

On Oct. 16, 2024, state District Judge Arturo Nelson determined that Lucio is in fact innocent and did not kill her daughter. This came after Cameron County District Attorney Luis Saenz, as well as Lucio’s attorneys, agreed in April of last year that favorable evidence was withheld during her trial.

“Together they proposed a motion to vacate Melissa’s conviction and death sentence,” the release read. “This was originally signed in April 2024 by the judge who sentenced Melissa to death, and forwarded for review and acceptance by the (appellate court). Every Wednesday morning at (9 a.m.) we await the holding of the (appellate court).”

Bonowitz said the final documents in the case were submitted in November 2024.

Lucio remains on death row at the Texas Department of Criminal Justice Patrick L. O’ Daniel facility in Gatesville, Texas. Her case is currently in the hands of the Texas Court of Criminal Appeals.

The post 3 years after Melissa Lucio’s stay of execution, her fate still lies with appellate court appeared first on MyRGV.com.