Summary
Judge Arturo C. Nelson, who oversaw Melissa Lucio’s 2008 murder trial, now believes she is “actually innocent” in the 2007 death of her 2-year-old daughter Mariah.
Lucio’s execution was stayed in 2022 after evidence emerged suggesting Mariah’s death resulted from an accidental fall, not abuse.
Nelson ruled that prosecutors illegally suppressed evidence supporting Lucio’s innocence, violating her constitutional rights, and recommended overturning her conviction and death sentence.
The case is now before the Texas Court of Criminal Appeals, which will decide whether to adopt Nelson’s recommendation.
Execution of innocent people is (and always has been) the entirely predictable, inevitable, and probably unavoidable result of capital punishment. There is no getting around the fact that, as long as the state executes prisoners, innocent people will be executed and “the state”, i.e. taxpayers, will pay more for it than they ever would have imprisoning the convicted for life.