Texas Mother on Death Row 'Actually Innocent' in Daughter's Death, Judge Says: 'She Did Not Kill Her'

A Texas judge said that a mother who has been on death row since 2008 over the death of her toddler is “actually innocent,” with a decision on her release now in the hands of Texas’s Court of Criminal Appeals.

Melissa Elizabeth Lucio has been on death row for over a decade after being convicted of capital murder in the February 2007 death of her 2-year-old daughter, Mariah Alvarez. Lucio’s lawyers have argued that the girl’s death and injuries were caused by an accidental fall down a set of stairs.

Back in April, Senior Judge Arturo Nelson called for Lucio’s conviction and death sentence to be overturned in a 33-page court document obtained by PEOPLE at the time, arguing that evidence was suppressed at her trial.

Now, Nelson — who oversaw the trial — is sharing in a new ruling, signed over two years after the mother’s execution was issued, that Lucio, 56, is “actually innocent” and “did not kill her daughter.” The Oct. 16 document was made public this week via the Innocence Project, which has taken on Lucio’s case.

Lucio — who has been supported by advocates such as Kim Kardashian — was originally slated for execution on April 27, 2022, but her case was brought to a stop based on an alleged suppression of material evidence.

Following Nelson’s latest filing, the Texas Court of Criminal Appeals will next decide whether the mother’s conviction and sentence will be overturned.

“This is the best news we could get going into the holidays,” Lucio’s son and daughter-in-law, John and Michelle Lucio, said in a statement provided by the Innocence Project.

“We pray our mother will be home soon,” they added.

Per Nelson’s ruling, there is “clear and convincing evidence that Mariah fell on some stairs two days before she died, just as Applicant told police,” as well as evidence that “Mariah’s extensive bruising was not caused by abuse but rather a complication of her fall.”

Nelson also found that there was “clear and convincing evidence” that the girl’s “fatal head injury” was caused by the fall.

Evidence that could have proved that Mariah fell down the stairs two days before her death was withheld, per the ruling, including interviews with Lucio’s other children who said their sister fell down the stairs and that their mother was not abusive. (Once piece of evidence that was previously suppressed included a Child Protective Services report detailing interviews with five of Lucio’s children.)

Some of the accounts from Lucio’s children also said that their sister had “declining health” in the days between her fall and her death.

“This Court finds that, after several hours of police interrogation during which she initially insisted she was innocent and did not know how her daughter died, Applicant ultimately told officers that she had slapped, pinched, and bitten Mariah and agreed that she was ‘responsible’ for what happened,” the filing said. “The Court finds that Applicant never made an express admission to causing her daughter’s death. The Court finds that Applicant’s admissions were, however, relied on by the State at trial as critical piece of evidence establishing her guilt.”

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Nelson wrote last month that the court found Lucio “has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” explaining that the state’s medical examiner at the murder trial was incorrect in concluding that “physical abuse was the only explanation” for the young girl’s death.

Vanessa Potkin, director of special litigation at the Innocence Project and an attorney for Lucio, said in a statement that her client “lived every parent’s nightmare when she lost her daughter after a tragic accident.”

She told CNN that there is “no time frame within which the [Criminal Court of Appeals] has to decide a case that is submitted to them.”

“It became a nightmare from which she couldn’t wake up when she was sent to death row for a crime that never happened,” she added. “After 16 years on death row, it’s time for the nightmare to end. Melissa should be home right now with her children and grandchildren.”