As Melissa Lucio's April 27 execution date nears, her lawyers are hopeful that new evidence, along with growing public support will persuade the state’s Board of Pardons and Paroles and Gov. Abbott to grant an execution reprieve or commute her sentence.
Lucio and her children struggled through poverty. At times, they were homeless and relied on food banks for meals, according to the petition. Child Protective Services was present in the family’s life, but there was never an accusation of abuse by any of her children, Potkin said.
In 2019, a three-judge panel of the 5th U.S. Circuit Court of Appeals overturned Lucio’s conviction, ruling she was deprived of “her constitutional right to present a meaningful defense.” However, the full court in 2021 said the conviction had to be upheld for procedural reasons, “despite the difficult issue of the exclusion of testimony that might have cast doubt on the credibility of Lucio’s confession.
In a letter last month to the Board of Pardons and Paroles and to Abbott, 83 Texas House members said executing Lucio would be “a miscarriage of justice.”
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