Texas senate push for stay of mother’s execution

AUSTIN — Twenty Texas senators signed a bipartisan letter asking the Texas Board of Parole and Pardons to recommend that Gov. Greg Abbott cancel the execution of Melissa Lucio, a Harlingen woman convicted of killing her 2-year-old daughter Mariah Alvarez.

Lucio rose into the national spotlight when a 2020 documentary “The State of Texas vs. Melissa,” raised questions about whether she may be innocent. New allegations claim that Lucio was wrongfully convicted as forensic and eyewitness evidence assert that her daughter died from a head injury after she accidentally fell down a flight of stairs.

“A commutation or a reprieve would give her lawyers the time they need to develop all the evidence that could prove Ms. Lucio’s innocence,” the letter read. “While we understand the gravity of the issue before you and the important role that the Board of Pardons and Paroles plays in our criminal justice system we also believe this is an opportunity to prevent a miscarriage of justice that would undermine public trust in our legal system.”

Senators who signed on the letter included Sen. Bob Hall R-Edgewood; Sen. Beverly Powell, D-Burleson; and Sen. Drew Springer, R-Muenster.

“The death penalty is the ultimate punishment in Texas, and our state has an absolute obligation to ensure that it never executes an innocent person,” the letter read.

The letter is the latest effort from state legislators to commute Lucio’s sentence. Last month, at least 90 Texas House of Representatives also sent a letter to the BPP requesting board members grant Lucio clemency.

Lucio was sentenced to death in 2008 and is scheduled to be executed on April 27. However, since it is his first set execution date and because there are several motions that still need to be addressed, Cameron County District Attorney Luis Saenz, who is overseeing the case, said he believes Lucio’s pending execution will be stayed.

While Saenz acknowledged he has the power to rescind Lucio’s warrant for execution and that a judge would likely accept, he said he is awaiting a court decision in order to receive more insight into the litigation issues.

A court with jurisdiction over the case and the BPP also have the ability to grant reprieve. Saenz said if neither does so and there are still motions pending come April 27, he would step in and stay Lucio’s execution until the issues are resolved.

“I believe that the court is going to step in and issue a stay,” Saenz said. “This case is not over; it has not been finally decided. I do not believe that the execution is going to be carried out on that day.”

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