HOUSTON (AP) 鈥 Efforts to free Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her 2-year-old daughter, were significantly bolstered after a judge concluded that she is 鈥渁ctually innocent鈥 of capital murder.
Senior State District Judge Arturo Nelson concluded that prosecutors presented false testimony, suppressed evidence and that new scientific evidence that was not available during Lucio鈥檚 2008 trial undermines and contradicts evidence presented by the state. He recommended that Lucio鈥檚 conviction and death sentence be overturned.
鈥淭his Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,鈥 Nelson wrote in a 62-page ruling he signed in October but was not made public until Thursday.
Lucio has long maintained she is innocent and her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.
Nelson鈥檚 recommendation has been sent to the Texas Court of Criminal Appeals, which will make the final decision in Lucio鈥檚 case. There was no timetable for a ruling by the appeals court. Lucio鈥檚 case has garnered support from celebrities like Kim Kardashian and a .
鈥淭his is the best news we could get going into the holidays,鈥 John and Michelle Lucio, Melissa Lucio鈥檚 son and daughter-in-law, said in a statement. 鈥淲e pray our mother will be home soon.鈥
Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio鈥檚 attorneys, said Lucio was 鈥渟ent to death row for a crime that never happened.鈥
The Cameron County District Attorney鈥檚 Office, which prosecuted Lucio, didn't immediately reply to an email seeking comment.
Lucio, 56, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas鈥 southern tip. But the Texas Court of Criminal Appeals two days before her execution so Lucio鈥檚 claims that new evidence would exonerate her could be reviewed.
The appeals court had asked the trial court to review four claims made by Lucio鈥檚 lawyers: prosecutors used false testimony; previously unavailable scientific evidence would preclude her conviction; Lucio is actually innocent; and prosecutors suppressed evidence favorable to her.
In April, an agreement between prosecutors and Lucio鈥檚 attorneys that found Lucio鈥檚 conviction should be overturned amid findings . Prosecutors had previously maintained Mariah was the victim of abuse and noted her body was covered in bruises.
The appeals court sent the case back to Nelson in June, asking he also make recommendations in the other three claims.
Nelson found in favor of Lucio in the other three claims as well, including faulting prosecutors for presenting medical expert testimony that claimed the girl鈥檚 injuries could only have been caused by abuse and presenting 鈥渟cientifically wrong testimony鈥 from a Texas Ranger who claimed he could tell Lucio was guilty based on her demeanor and body language when interrogated.
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