Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. After Toon was released from prison, she remained in touch with Lucio. ", The stairway outside the Lucios' apartment in Harlingen, Texas, where attorneys for Melissa Lucio say her daughter Mariah fell before she died. Among the suppressed evidence, her attorneys say, are indications police and prosecutors knew other family members were aware of Mariahs fall down the stairs and that no one had described the abuse Mariah allegedly suffered. Lawsuits claim it wrecked their teeth. AMERICA continues to hold its breath over the fate of mother Melissa Lucio who was found guilty of capital murder in the 2007 death of her daughter Mariah. Melissa Lucio and her children. The movie was played at the Tribeca Film Festival in 2020 and later won the honor of best documentary at the Raindance Film Festival. After her conviction for Mariahs murder, Melissas children were taken from her care. Moments later, he interrupted the interview. On February 15, 2007, Mariah fell a flight of stairs while the family was busy settling things to transfer to a new house. The 53-year-old was convicted in 2008 for the murder of her 2-year- old daughter, and would be the first Latina killed by the state if her execution goes as planned. "Are you a cold-blooded killer?" According to court documents submitted by Lucio's attorneys, she was sexually abused by her mother's boyfriend starting at the age of 6 abuse that lasted for two years . 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. Tivon Schardl, supervisory assistant federal public defender in the Capital Habeas Unit in Austin, and part of Lucio's current defense team, said the jurors were not given the full picture: "There's been just a concerted effort to keep this evidence from being considered.". She says that after Mariah's family discovered the child had stopped breathing, they frantically called for help and the responding police rushed to judgment in concluding that Mariah's death had been a murder, due to profound bruising on her body. The detective handed Melissa Lucio a plastic doll and asked her to spank it. She could see herself in Lucios story. She was set to be executed on April 27, 2022, butwas granted a stay of execution two days priorby the Texas Court of Criminal Appeals. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. But the state of Texas appealed the decision, and the case then went to the 17 judges that comprise the 5th Circuit. It was like, "Ugh, let her rot in Hell." April 11, 2022 / 11:29 AM The woman, Melissa Lucio, a mother of 14, was found guilty back in . Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. Earlier, Lucio was sentenced to death back in 2008 and at the time when she was imprisoned, she was pregnant with twins, whom she had to give up for adoption as she could not have the nourishment of the babies in jail. Texas state Rep. Jeff Leach via AP Ms Lucio was taken in for questioning and was interrogated for almost five hours while she was pregnant and going through the shock of losing her young child, Mariah. Two days later, her father called police when Mariah suddenly stopped breathing. The Texas courts have spared Melissa Lucio's life. Were confident that with the new evidence of innocence, if Melissa was retried today that she would be acquitted, Innocence Project attorney Vanessa Potkin told reporters on Monday afternoon. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. Mariah reportedly did not have any visible injuries, but after Lucio put her down for a nap, she did not wake up and was later taken to the hospital, where she was declared dead. She was set to be executed on April 27, 2022, but was granted a stay of execution two days prior by the Texas Court of Criminal Appeals. This couldve been me, she said. ", First published on April 11, 2022 / 11:29 AM. (AP) To inquire about a licence to reproduce material, visit our Syndication site. That is our criminal jurisprudence system and it is working., The notion that Saenz would be eager to retry Lucio rather than drop the charges offended Death Penalty Action activist Charles Keith, who spent the past several months traveling to the Cameron County courthouse in Brownsville. Please give us the chance for closure. In this undated photograph, Melissa Lucio holds one of her sons, John. We put our hands up to the glass, and we all began to cry., The press conference was still underway when Saenz, the Cameron County district attorney, released a statement responding to the stay of execution: I welcome the opportunity to prosecute this case in the courtroom, where witnesses testify under oath, where witnesses can be cross-examined, where evidence is governed by the rules of evidence and criminal procedure, and where the court rules pursuant to the rule of law, it read. In an undated photo, Melissa Lucio is pictured with one of her young children. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. Photo: Christian K. Lee/Chronicle. Lucio has always maintained her innocence. If youre gonna bring it, bring it right. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. Lucio is over 77 kgs or 170 lbs .The native of texas uses drugs very often and has been tested for cocaine earlier in her criminal offence. "So first and foremost, the Texas Court of Criminal Appeals could issue a stay so that the evidence of Melissa Lucio's innocence can be fully litigated in the court. . For a time, the only access they had to water was through their neighbours' houses or from the parish.". Video, Record numbers of guide dog volunteers after BBC story, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, China and Belarus call for peace in Ukraine, Bieber cancels remaining Justice world tour dates, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA, Ruling party wins Nigeria's presidential election. Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. On 25th April 2022, the Texas Court issued a stay of execution and ordered the 138th Judicial District Court of Cameron County to consider new evidence in the case of Lucio for her innocence regarding the death of her daughter Mariah. On April 27, the day Lucio was set to die, they held another rally outside the Cameron Country DAs office, this time calling on Saenz to drop the charges. 2022 CBS Interactive Inc. All Rights Reserved. In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . Melissa's execution date is set for April 27, 2022. Error compounded error, the lawyers wrote in their petition to the Court of Criminal Appeals. "Evidence that could have been exculpatory?" In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. "Their electric service was cut, they moved some 26 times in a five-year period. Researchers say the risk of a false confession applies not only to traumatized kids, but . Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. It was fitting that Leach would deliver the news. So, I really try not to think about the future, because right now I have what I want. The lawmakers say they are troubled by Lucio's case and believe her execution should be stopped as there are legitimate questions about whether she is guilty. Even after none of her children accepted their mothers physical abuse from Lucio, the police and pathologists continued to claim that Mariahs death was not a result of the fall from the stairs. "While there is great optimism in some regards because of the support and because it seems to be resonating with so many people, that she has a compelling claim of innocence and just the injustice that would happen if this execution goes forward," Potkin said on Wednesday. Similarly, film personalities have produced the story of Melissa Lucio either in documentaries, short films, or movies, but no one could deny the fact that she would be getting a sentence to death. Melissa Lucio was the epitome of every system in the state of Texas failing at every level: education, health, faith community, she said. The BBC is not responsible for the content of external sites. Please give us a chance for peace. Her first husband, the group says, was a violent alcoholic who left her after she gave birth to their five children. Among those calling for a stay of execution are a bipartisan group of 103 members of the Texas legislature - including 32 Republican . Some of that evidence, says Potkin, was not disclosed to the defense as they were preparing for trial. Lucios other claims did not meet statutory requirements, the appeals court found, and will not be reviewed. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. Potkin said that now is a complicated time emotionally for Lucio. But the trial judge ruled that testimony "irrelevant," according to court documents. Melissa Lucio has fourteen kids as of 2021. The courts order sends the case back to Cameron County, where the trial court will be tasked with considering evidence on four claims that cut to the heart of the states case against Lucio. "Do it real hard," he said. Melissa Lucio whose age is 52 years old is seen being defended by one of her daughters named Alexandra in the documentary. During the five-hour-long interrogation, officers berated and . Lucios lawyers argue that Dr. Norma Farley, the forensic pathologist who autopsied Mariah, misled the jury when she insisted that Mariahs injuries could only have resulted from a fatal beating. "Or were you a frustrated mother who just took it out on her for whatever reason?" Son Bobby Alvarez, who was seven when his little sister died, described how he cried every night wanting my momma back after she was taken away. At the time of the abuse, she was merely 6 years old and could not do anything, but the conditions remained the same for at least two years. Her young daughter Mariah died and had many injuries like bruises on her head kidneys lungs spinal cord and other places. Published May 2, 2022 10:56 a.m. PDT. To see all content on The Sun, please use the Site Map. From the moment he walked into the interview room, Escalon testified, he knew that Lucio had done something. The notion that a person can determine anothers guilt or deception through their body language has been roundly discredited. 2023 BBC. Her life was worth nothing to them. The execution of Melissa Lucio is off. False confessions are more common than you might think. She was convicted of capital murder following the death of her two-year-old daughter, Mariah, who was discovered to have scattered bruising in various stages . As a poor woman of minority background living in south Texas, she had no money to hire a lawyer and was instead given a court-appointed attorney, who made errors that resulted in an unfair trial, Melissa's current lawyers have said. It simply has not been the same in the past 15 years," he said. Instead, just before 1 p.m., Bonowitzs phone rang. According to an interrogation with Lucio regarding the death of her youngest child of that time, Mariah fell down the stairs while the family was moving homes back in February 2007. The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. Separately, all eyes on Monday had been on the Texas Board of Pardons and Paroles, which had been expected to vote on a recommendation for clemency in Lucios case. Alexandra is also another of Melissa Lucio's elder daughters. Toon had been the inmate librarian at the Mountain View prison unit where Texass female death row prisoners are housed, and shed gotten to know Lucio over the years. However, she has maintained her innocence ever since. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. Lucios father died when Lucio was an infant, and her family moved to the Rio Grande Valley when Lucio was almost 3 to 4 years old. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. According to the prosecutor, the injuries that were made to Mariah were the results of physical abuse while Lucios attorney says that the injuries were made to the daughter because she fell down the stairs two days before her death. In shock and grieving the loss of her baby the youngest of her 12 children at the time Ms. Lucio was taken into police custody and immediately blamed for her daughter's death. At this time, it remains unclear if Lucio's execution will be overturned. Texas death row inmate Melissa Lucio, dressed in white, leads a group of seven Texas lawmakers in prayer on April 6 in a room at the Mountain View Unit in Gatesville, Texas. The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. Please allow us to reconcile with Mariah's death and remember her without fresh pain, anguish, and grief. "At the same time, here we are, seven days away from her execution date. Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. There were two possible avenues of relief for Lucio. 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Lucio woke up on February 15, 2007, got some of the children ready for school and then turned her attention to packing up their "run-down, second-floor apartment," the petition says. New FDA-approved drug can slow vision loss, Lawsuits claim dental device wrecked teeth, Pandemic-era SNAP benefits end for millions of Americans as costs rise. One of her other daughters, Adriana, stands at left. Lucio, 53, is a Mexican American woman who has struggled against poverty and abuse since childhood. Neither woman had been eating very much. Calls for mercy grow days before Melissa Lucio is set to be executed, I am grateful the Court has given me the chance to live and prove my innocence, Lucio said in a statement. Campaigners took up Melissa's cause as one of a miscarriage of justice. She was convicted 14 years ago of murdering her 2-year-old . Last October, the Supreme Court declined to hear the case. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. Lucio, a . VideoAt the crash site of 'no hope' - BBC reporter in Greece, Covid origin likely China lab incident - FBI chief, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip, Ukraine war casts shadow over India's G20 ambitions, Record numbers of guide dog volunteers after BBC story. On 27 April, Melissa Lucio was supposed to die. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. The woman, Melissa Lucio, a mother of 14, was found guilty back in 2008 in the death of her 2-year-old daughter, Mariah. As the process unfolds, she will remain on death row, her legal team said. In fact, the court had twice ruled against Lucios appeals. AMY GOODMAN: Melissa Lucio is a mother of 14 children. Two days later, Mariah went to take a nap and did not wake up. It was 2007, and Melissa was living a difficult life with her then-husband Robert Antonio Alvarez and her 12 children, while she was pregnant with twins. Melissa Lucio, 53, was sentenced to die by lethal injection for the 2007 death of her daughter, Mariah, which police and prosecutors attributed to a beating at the hands of her mother. State Rep. Jeff Leach, R-Plano, and other members of the Texas House Criminal Justice Reform Caucus ask state officials to halt the execution of . Villalobos could not be reached for comment. The state of Texas has issued a death warrant seeking to execute Melissa Lucio (pictured), a battered woman who was sentenced to death for what may have been an accidental fall that killed her two-year-old daughter.She is scheduled to be executed April 27, 2022. Lucio, the only Latina on death row, was . Prosecutors say Lucio fatally beat Mariah but Lucio has long denied that, saying her daughter died from injuries sustained during a fall down a flight of stairs. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. Son Bobby Alvarez, who was seven when his little sister died, described how he cried every night wanting my momma back after she was taken away. Lucio's children previously wrote a letter to the Texas Board of Pardons and Paroles, pleadingGov. Even after none of her children of Lucio accepted the physical abuse by their mother, the police and the pathologists continued to claim that Mariahs death was not because of the fall from stairs. He has spent his entire adult life fighting for her release. The first claim argues no juror would have convicted Lucio if prosecutors had not presented false, misleading and scientifically invalid testimony by experts. Please give us the chance for closure. Born July 18, 1968, Lucio, 53, is known as a convicted killer. The Texas Court of Criminal Appeals could also stop the execution. Its unclear how long the process could take. At times, they were homeless and relied on food banks for meals, according to a clemency petition issued by her lawyers. In an undated photo, Melissa Lucio is pictured with one of her young children. Melissa Lucio's personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. Please give us a chance for peace. The conservative Republican from North Texas became an unlikely ally of the condemned mother from the Rio Grande Valley. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. The family lived in "extreme poverty," her lawyer Sandra Babcock told BBC. The Sun website is regulated by the Independent Press Standards Organisation (IPSO), Our journalists strive for accuracy but on occasion we make mistakes. The appeals court order sends Lucios case back to her trial court in the 138th Judicial District in Cameron County, along the border with Mexico at Texass southernmost tip. They implored him to step up and withdraw it. A Texas mother convicted of murdering her 2-year-old child has been granted a stay of execution just two days before she was scheduled to die. Thats what brought Luna and Toon to the Capitol on April 25. Melissa Lucio is scheduled to be executed next week for a crime she says she didn't commit one that may not have even occurred. Melissa Elizabeth Lucio is an American woman sentenced to death in Texas on August 12, 2008 for the death of her 2-year-old daughter on February 17, 2007. . And then whichever judge remains on the case will decide the disqualification of the district attorney if he does not recuse himself., Regardless of who ends up in charge, Lucios family and advocates are not waiting onthe courts. But the attention the case has garnered helped spotlight the earlier errors in the trial and win a halt to what would be the first execution of a Hispanic woman carried out in Texas in modern times. asked Luciano. While in interrogation, Lucio had denied murdering her child dozens of times, but her lawyers argue that her history of sexual assault and abuse often leads to false confessions, NPR reports. The film screened at the 2020 Tribeca Film Festival and later won Best Documentary at the Raindance Film Festival. The fact that Lucio was granted a stay at all is also relatively unusual; the Court of Criminal Appeals rarely sticks its neck out to pause the states machinery of death. Her cause was taken up by everyone from her living children - her eldest son the most vocal among them - to Kim Kardashian, the celebrity turned would-be lawyer. Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Intel review says "very unlikely" foreign adversary behind "Havana Syndrome", Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. Just two days before Melissa Lucio was scheduled to be to be put to death, a Texas court on Monday halted her execution and sent her case back for review. She gave birth to the twins while in jail and was forced to give them up for adoption. Lucios attorneys say those injuries were actually the result of a fall down stairs outside the familys apartment. Mariahs father, Roberto Antonio Alvarez was also arrested in relation to her death but he was only convicted of endangering a child and sentenced to four years in prison. At times, they were homeless and relied on food banks for meals, according to the petition. Melissa Lucio is scheduled to be executed next week for a crime she says she didn't commit one that may not have even occurred. "If they go through with it, they'll be killing an innocent woman.". One of Mariah's other siblings witnessed the fall and later, when interviewed by Child Protective Services after Mariah's death, stated that he saw his sibling fall down the stairs.". Child Protective Services was present in the family's life, but there was never an accusation of abuse by any of her children, lawyer Vanessa Potkin said. Well, it means youre going to wake up on Thursday morning, Leach replied. Copyright 2023 CBS Interactive Inc. All rights reserved. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren". Potkin says it's now recognized that "having a trauma history such as Melissa had, being a survivor of sexual abuse and domestic abuse, is a risk factor and vulnerability during custodial interrogation for false confession.". There is significant evidence of her innocence that no court, no fact finder has ever considered. CNN Sans & 2016 Cable News Network. Greg Abbott to spare their mom's life. Around 3am, she told detectives, I guess I did it, reportedly in hopes that they would end the interrogation, according to the Innocence Project. Many people believe Lucio's case is a clear case of injustice, while others believe she deserved the punishments. Her husband continued to abuse her physically, emotionally and sexually, even giving birth to 5 children at the age of 5 and abandoning the whole family, leaving Lucio and her children behind. In front of a large white Free Melissa Lucio banner, Van Tassel looked up toward the courthouse where she had spent so much time working on the film that would bringLucios story to the rest of the world. "We ask you not to tear those wounds open again. Please enter valid email address to continue. ", Now, the power to save Lucio lies in the hands of Texas' Republican Governor Greg Abbott, the Board of Pardons and Parole, and the current Cameron County District Attorney, Luis V. Saenz, whose office said in a statement to CBS News: "A jury of (Lucio's) peers rendered to her a verdict. She was convicted 14 years ago of murdering her 2-year-old daughter, Mariah, and a Texas jury sentenced her to death. "You know, it's my mom. Melissa Lucio, 53, would be the first Latina executed by Texas and the first woman since 2014. . Valley Morning Star via AP. She is scheduled to die by lethal injection on Wednesday. The state did not test DNA or allow the defence's forensic pathologist to speak at the trial. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? Viewing all of the available evidence no rational juror would have found Ms. Lucio guilty beyond a reasonable doubt.. Naturally, she has brown hair and almost no eyebrow. On 27 April, Melissa Lucio was supposed to die. Fourteen years after she was sent to Texas' death row, Melissa's Lucio will finally get the chance to have new evidence of her innocence claims . But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Still trying to come to terms with the reality of her child Armando Villalobos, the district attorney who brought the charges, is now in jail for bribery unrelated to the Lucio case, but that took place when she was tried. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. They probably never will," her kids said in the letter. Lucio's supporters say many of the issues in her trial trace back to the head prosecutor in the case, Armando Villalobos. This dental device was sold to fix patients' jaws. It was during one of those moves - on 15 February 2007 - that Melissa's two-year-old daughter was injured. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. This is terrifying it should be terrifying for everybody.. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. Human error to blame for deadly train crash, says Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. In 2008, she was found guilty of murdering her 2-year-old daughter. Upon learning that her execution had been stayed, Melissa said in a statement: "I am grateful the Court has given me the chance to live and prove my innocence. Melissa Lucios private life remained a mystery for many years until her daughter died and she was sentenced to prison. And they say that Lucios interrogators a phalanx of investigators that included Texas Ranger Victor Escalon engaged in their own junk science. The Intercept is an independent nonprofit news outlet. Lucios story resonated with Luna; a mom of three, Luna had struggled with drug addiction, lost her children to the states child welfare system, and gone to prison. To say Im wrestling with the very existence of the death penalty in Texas would be a dramatic understatement, Leach said. She prodded Luna, then her roommate, to watch the movie. Who is Melissa Lucio? Thats all it takes to support the journalism you rely on. In 2008, Melissa Lucio was sentenced to death in Texas for the murder of her 2-year old daughter Mariah, who died two days after a tragic fall down a flight of stairs. "That is what I cherish the most. Texas woman on death row receives bipartisan support for clemency from state officials. Consider what the world of media would look like without The Intercept. Discovery Company. At the time, the family was moving homes, and she reportedly fell due to her physical disability, which left her feet turned to the side, making her unable to walk and prone to tripping. In this April 6, 2022 photo provided by Texas state Rep. Jeff Leach, Rep. Leach stands next to death row inmate Melissa Lucio during a visit by a group of seven lawmakers to the Mountain View Unit in Gatesville, Texas. "No, I'm not." She had fallen asleep on her parents' bed, but never woke up again. She is the mother of 14 children, including Mariah. Save my name, email, and website in this browser for the next time I comment. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. In 2007, paramedics arrived at a tiny apartment that Melissa Lucio shared with her live-in . According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. Shortly after the court delivered the stay, state Rep. 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Lived in `` extreme poverty, '' her kids said in the letter never woke up again at,! Or deception through their body language has been roundly discredited Melissa Lucio & # x27 ; case... Licence to reproduce material, visit our Syndication site the result of false!, but never woke up again killing an innocent woman. `` without fresh,. And had many injuries like bruises on her parents ' bed, but never woke again... After she gave birth to their five children to overturn Melissa Lucio was supposed to die took out... Syndication site set to be executed on April 25 has struggled against poverty and abuse childhood! Is the mother of 14 children, five from her first husband, the court of Criminal Appeals the! Dramatic understatement, Leach replied now is a convicted Criminal who had killed her 2-year-old... More common than you might think for bribery and extortion 27 execution right I... Called Lucio abusive conditions and allowed her innocent baby to die by lethal injection on Wednesday no court no... Open again court delivered the stay, state Rep. Jeff Leach called Lucio undated photograph, Lucio. Of murdering her 2-year-old daughter, Mariah confessions are more common than you think! Has brown hair and almost no eyebrow 52 years old is seen being defended by one her. Daughter Mariah died and she was sentenced to prison level of vulnerability and later won best documentary at hospital! Melissa Lucios private life remained a mystery for many years, Lucio, 53, would be first! Like without the Intercept Lucio a plastic doll and asked her to.! And repetitive highly abnormal level of vulnerability who, over many years, '' lawyer! Of Texas appealed the decision, and Abbott did n't return a request for comment content of sites. That Lucio had been on death row receives bipartisan support for clemency from state officials innocent woman..... To hear the case spinal cord and other places pressured to have more days be. Mariah died and had many injuries like bruises on her for whatever reason? included Texas Ranger Victor engaged... Room, Escalon testified, he knew that Lucio was supposed to die Texas court of Criminal Appeals also!
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