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A Texas mother of 14 could be granted clemency just days before her upcoming execution in the death of her 2-year-old daughter.
Melissa Lucio, 52, is set to be executed Wednesday after she was convicted of her daughter, Mariah’s, death in 2008 in Harlingen, Texas.
Lucio’s lawyers are arguing that new evidence suggests Mariah’s injuries came as a result of a fall down a staircase, including a blow to the head. The autopsy ruled Mariah died from blunt force trauma to the head.
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Her lawyers have also stated Lucio’s conviction came about as a result of “an unreliable and coerced confession.” They argued Lucio was not given the opportunity to offer evidence to debate her own confession.
Lucio’s lawyers argue the “unscientific and false evidence misled jurors” into believing the child’s injuries could have only resulted from physical abuse rather than from a fall.
Cameron County District Attorney Luis Saenz, whose office prosecuted the case, has come out in disagreement over whether the new evidence could exonerate Lucio. Prosecutors have continued to maintain that Mariah was a victim of child abuse.
“I don’t disagree with all the scrutiny this case is getting. I welcome that,” Saenz said in The Associated Press.
Five of the 12 jurors and one alternate juror are calling for a new trial, saying they are having doubts about their initial decisions.
Lawmakers and celebrities alike have come out in support of Lucio in past days, including Kim Kardashian and Amanda Knox. A bipartisan Texas lawmakers group traveled to Gatesville, where Lucio is currently being held, and prayed with her this past month.
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Lucio’s execution appeals are pending in both state and federal courts. The Texas Board of Pardons and Paroles is considering either commuting her sentence or granting her a 120-day reprieve. Both decisions would ultimately require Gov. Greg Abbott’s approval.
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If executed, Lucio would be the first Latina in Texas and the first woman to be executed in the state since 2014.
The Associated Press contributed to this report.