Melissa Lucio's legal team files for clemency; Texas faith leaders show support

This week has shown a promising development in the case for clemency for Melissa Lucio, the first Hispanic woman on Texas' death row. Melissa was sentenced to death following the tragic death of her two year old daughter Mariah in 2007. Recent compelling evidence points to Melissa's innocence. 

The Texas Coalition to Abolish the Death Penalty provided more details about the events surrounding Mariah's death and Melissa's interrogation and conviction from the attorneys’ application for clemency:

On February 15, 2007, as Melissa was moving her family to a new home, Mariah fell down a steep outdoor staircase leading to their apartment. After the fall, Mariah’s injuries did not appear life-threatening, but two days later she fell asleep on her parents’ bed and did not wake up. Mariah had physical disabilities that made her walking unstable and she had a history of falls, including a recent fall at a preschool program where she lost consciousness. At the time of her arrest, Melissa had no history of abusing her children or violence of any kind. (App. at pp. 2, 10-12.)

Two hours after Mariah’s death, Melissa -- grieving and in shock -- was hauled into an interrogation room where, for over five hours, armed, male police officers stood over her, yelled at her, threatened her, berated her parenting, and repeatedly refused to accept anything less than an admission to causing her daughter’s death. Melissa was especially vulnerable to the aggressive, intimidating, and psychologically manipulative interrogation tactics of the police and male authority figures due to her history of abuse, trauma, low IQ, and abnormally high levels of suggestibility and compliance. (App. at pp. 15-17.)

After hours of continuous interrogation, Melissa acquiesced, followed their directions, and gave in to their demands. She was sleep-deprived -- it was 3:00 in the morning by then -- and pregnant with twins, emotionally and physically exhausted by the threats and manipulation. (App. at pp. 15-17, 39.)
 
Two experts on false confessions (including police trainer and interrogation expert, David Thompson, and Dr. Gisli Gudjonsson, one of the world’s leading experts on false confessions) have analyzed Melissa’s interrogation and concluded that her admissions are "unreliable" and simply a “regurgitation” of the words and facts that interrogators fed to her throughout a highly coercive interrogation process. (App. at pp. 16, 39-42.)  

Lacking physical evidence or eyewitnesses connecting Melissa to Mariah’s death, Cameron County District Attorney Armando Villalobos -- who is now serving a 13-year federal sentence for bribery and extortion --  characterized Melissa’s acquiescence during the interrogation as a “confession” to murder. (App. at p. 19.)

Pastor Jesse Rincones, leader of FSW partner Convención, participated in a press conference with Melissa's legal team and others this week to announce the submission of an application for clemency to Gov. Greg Abbott and the Texas Board of Pardons and Paroles. The Board must recommend clemency in order for the Governor to grant it, but the recommendation is not binding.

The Baptist Standard reported on the press conference and the clemency application:

The application urges Lucio’s death sentence either should be commuted to a lesser penalty or that she be given a 120-day reprieve from execution to prove her innocence.

The March 22 application offers new evidence not presented to the jury that convicted Lucio. It includes declarations of seven scientific and forensic experts who concluded false evidence misled the jury into believing the child was killed by physical abuse rather than medical complications after a fall.

The application documents that Lucio—a survivor of sexual and physical abuse—asserted her innocence more than 100 times before affirming statements presented by officers after five hours of “coercive interrogation.”

Melissa Lucio's execution is set for April 27, just over a month from now. 

We urge you to call the hotline set up by the Innocence Project (956-446-2866) to ask Gov. Abbott to grant clemency to Melissa Lucio. You can also call the general counsel for the Board of Pardons and Paroles to request clemency at 512-406-5852, or send an email to bpp_clemency@tdcj.texas.gov.