Melissa Lucio Receives Hold On Execution Date

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Emilee Davis graphic

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Melissa Lucio was accused of the murder of her child in 2007. On April 25, her scheduled execution date in Texas was put on hold after new evidence had been accepted.

Lucio claimed that the cause of her daughter’s death was from falling down the stairs in their apartment, while the state said that Lucio was a child abuser, which ended in the death of her child.

A habeas corpus application with nine claims made by Lucio’s defense attorneys was made. The appellate court accepted four of the nine claims. The habeas corpus Act, if accepted, lets a new trial take place. After the application was accepted, Lucio’s trial was placed on hold.

According to CNN, “Lucio also argued the state relied on false testimony and suppressed evidence favorable to her defense.” Hiding evidence that can deem a defendant innocent is against the Brady Rule, which requires that exculpatory evidence be shown in a trial. Otherwise, it is not a fair trial.

The defense team believes that the new evidence will prove her innocence. In a statement by Tivon Scharl, Lucio’s attorney said, “Melissa is entitled to a new, fair trial. The people of Texas are entitled to a new, fair trial.”

Her case has been made more public after the documentary, “The State of Texas vs. Melissa,” was released in 2020. The documentary highlights that she was the first Hispanic woman to receive the death penalty in Texas.

In the documentary, there are interviews with Lucio’s children, jurors from her sentencing and Lucio, who explain how the case is flawed and why she is innocent. The documentary is available on Hulu.Lucio’s new trial date has yet to be released.