Acknowledging substantive questions about Lucio’s guilt and the fairness of her conviction, the appeals court blocked her Wednesday execution. MelissaLucio Justice Texas deathpenalty HumanRights Courts
pleaded for the parole board and governor to halt Lucio’s execution. The lawmakers have been joined by an ever-growing list of people, including at least five of Lucio’s former jurors.
The medical examiner concluded that Mariah was severely beaten and ruled her death a homicide caused by blunt force head trauma. At least one other pathologist who has examined the evidence since disagrees with the definitive finding of abuse and homicide. “What do you want me to say? I’m responsible for it,” Lucio said when a Texas Ranger pushed her on the apparent bite mark on Mariah’s back.
Finally, the appeal argued the prosecution hid potentially helpful evidence, including interviews of Lucio's older children after Mariah's death that corroborated Lucio's statement that Mariah fell down the stairs. Earlier in the day, Lucio's attorneys noted they were continuing their previous efforts to have Saenz taken off the case, as one of his assistant district attorneys was the lead defense attorney for Lucio at trial. It will likely be months or years before the trial court decides if the new evidence presented by Lucio's attorneys should warrant her new trial. If so, that recommendation would go again to the Court of Criminal Appeals to either accept or reject.
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