Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

xocetaceans

(3,871 posts)
Mon Apr 18, 2022, 02:45 PM Apr 2022

Texas is ready to execute another person who seems possibly to be innocent....

This has been brought up on DU a few times in the last several weeks, but it is worth bringing up again, since the planned execution by the State of Texas on April 27 is coming up very quickly:



The current situation seems to be that the Cameron County District Attorney Luis Saenz seems to be unwilling to stop the execution immediately (the following entire article is worth reading):

Facing harsh criticism in the Melissa Lucio case, Texas prosecutor may temporarily spare the woman many believe is innocent

Federal judges, five jurors who convicted her and a roster of family, politicians and celebrities believe there are substantive doubts about whether the death of Lucio’s 2-year-old daughter was even a murder. A prosecutor Tuesday appeared to open the door to canceling her scheduled April 27 execution.

by Jolie McCullough | April 12, 2022 | 6 PM Central

At a combative legislative hearing, the Cameron County district attorney indicated Tuesday he may step in and stop Melissa Lucio's April 27 execution, creating a new level of uncertainty in what many believe is the case of an innocent woman facing lethal injection.

Although he was not district attorney when Lucio was convicted, Cameron County District Attorney Luis Saenz did request the execution date and has the power to withdraw the request. During a heated exchange with a bipartisan group of lawmakers pushing to halt Lucio’s execution, Saenz initially stated he would not intervene.

As outrage has built to a crescendo over Lucio’s case, Saenz has previously stated — and reaffirmed in the hearing — that he stood by the process that led to Lucio’s conviction and the many court rulings since that have upheld her death sentence.

But after about an hour of urging from the lawmakers, Saenz’s stance shifted. He said he believes his intervention will be unnecessary because the Texas Court of Criminal Appeals will likely stop Lucio’s execution. If it doesn’t, he said he would, though he didn’t provide details.

...

https://www.texastribune.org/2022/04/12/melissa-lucio-texas-execution/


Here's a past example of Texas's willingness to execute in spite of doubts as to the guilt of the condemned - this was done under then-Texas-Governor Rick Perry:

Cameron Todd Willingham: Wrongfully Convicted and Executed in Texas

By Innocence Staff

Cameron Todd Willingham was executed in Texas in 2004 for allegedly setting a fire that killed his three young daughters 13 years earlier. He always claimed his innocence, and the arson investigation used to convict him was questioned by leading experts before Willingham was executed. Since 2004, further evidence in the case has led to the inescapable conclusion that Willingham did not set the fire for which he was executed.The Texas Forensic Science Commission issued its report on the convictions of Cameron Todd Willingham and Ernest Willis on April 15, 2011 recommending more education and training for fire investigators and implementing procedures to review old cases (the commission issued an addendum to the report on October 28, 2011.

...

In 2008, the Texas Forensic Science Commission agreed to investigate the case. The panel’s review was interrupted several times over the last two years, however, and continues today. In 2009, an arson expert hired by the commission issued a report finding that experts who testified at Willingham’s trial should have known it was wrong at the time. Days before the expert was set to testify, however, Gov. Rick Perry replaced key members of the panel, delayed the investigation for months.

...

https://innocenceproject.org/cameron-todd-willingham-wrongfully-convicted-and-executed-in-texas/


The role of allowed tactics in police investigations/interviews should be considered as was mentioned on John Oliver's "Last Week Tonight": this was brought up by Rhiannon12866 on April 18 - i.e., today - (https://democraticunderground.com/1017729452).



Lastly, here is the Innocence Project's page that asks people to contact TX Gov. Greg Abbot (i.e., call 956-446-2866 to leave a voicemail):

Stop Melissa Lucio’s Execution, Call Gov. Abbott Now
Urge Gov. Abbott to stop this irreversible injustice — call 956-446-2866


Melissa Lucio was charged for murder after the accidental fall of her 2-year-old daughter, Mariah, and is scheduled to be executed in Texas on April 27, if officials do not step in.

Instead of looking into Mariah’s health history and investigating the potential causes of her injuries, authorities immediately jumped to the conclusion that she had been murdered and, through a coercive interrogation, pressured Ms. Lucio to make a false statement.

Thousands of pages of Child Protective Services records show that Ms. Lucio’s 12 children never said she was violent with them. No physical evidence showed otherwise.

“The State presented no physical evidence or witness testimony establishing that Lucio abused Mariah or any of her children, let alone killed Mariah,” Judge Catharina Haynes wrote on behalf of the seven dissenting judges from the U.S. Court of Appeals for the Fifth Circuit. Time is running out and Ms. Lucio deserves justice.

...

https://innocenceproject.org/petitions/grant-melissa-lucio-clemency/?p2asource=blue-bar_04182022
6 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Texas is ready to execute another person who seems possibly to be innocent.... (Original Post) xocetaceans Apr 2022 OP
Saenz sound like a mealy-mouthed little weasel to me gratuitous Apr 2022 #1
K&R. Abolish the death penalty. WhiskeyGrinder Apr 2022 #2
Indeed. n/t xocetaceans Apr 2022 #5
Kick IcyPeas Apr 2022 #3
The war in Ukraine might be the reason, but that's just a guess. I was unaware of the situation... xocetaceans Apr 2022 #4
The Innocence Project of Texas is working to stop the execution of Melissa Lucio blogslug Apr 2022 #6

gratuitous

(82,849 posts)
1. Saenz sound like a mealy-mouthed little weasel to me
Mon Apr 18, 2022, 03:52 PM
Apr 2022

From the link:

[Saenz] said he believes his intervention will be unnecessary because the Texas Court of Criminal Appeals will likely stop Lucio’s execution. If it doesn’t, he said he would, though he didn’t provide details.


Let's game this out, shall we? The Court of Criminal Appeals doesn't stop the execution because Lucio failed to do the hokey-pokey and turn herself around (or some similarly asinine bit of judicial legerdemain so beloved by courts in reviewing wrongful convictions for murder). Death warrant issues, and Saenz piously stands aside, because the system works and it wouldn't be seemly for a district attorney to start questioning or overturning the efforts of his predecessor.

Sorry Melissa, but in Texas somebody has to pay for a crime, even where none was committed.

xocetaceans

(3,871 posts)
4. The war in Ukraine might be the reason, but that's just a guess. I was unaware of the situation...
Mon Apr 18, 2022, 07:19 PM
Apr 2022

until watching Last Week Tonight and subsequently looking at earlier posts on DU.

Whatever the case may be, April 27 is approaching quickly, so Melissa Lucio's story needs to be known. Hopefully, political pressure will work this time and prevent the execution from occurring.

One would think that even people who favor the death penalty would oppose executing a person who is possibly innocent....

blogslug

(38,000 posts)
6. The Innocence Project of Texas is working to stop the execution of Melissa Lucio
Mon Apr 18, 2022, 08:06 PM
Apr 2022
https://innocenceproject.org/petitions/grant-melissa-lucio-clemency/?p2asource=blue-bar_04182022


Urge Gov. Abbott to stop this irreversible injustice — call 956-446-2866

Melissa Lucio was charged for murder after the accidental fall of her 2-year-old daughter, Mariah, and is scheduled to be executed in Texas on April 27, if officials do not step in.

Instead of looking into Mariah’s health history and investigating the potential causes of her injuries, authorities immediately jumped to the conclusion that she had been murdered and, through a coercive interrogation, pressured Ms. Lucio to make a false statement.

Thousands of pages of Child Protective Services records show that Ms. Lucio’s 12 children never said she was violent with them. No physical evidence showed otherwise.

“The State presented no physical evidence or witness testimony establishing that Lucio abused Mariah or any of her children, let alone killed Mariah,” Judge Catharina Haynes wrote on behalf of the seven dissenting judges from the U.S. Court of Appeals for the Fifth Circuit. Time is running out and Ms. Lucio deserves justice.

Please urge Gov. Greg Abbott and the Texas Pardons and Paroles Board to grant Melissa Lucio clemency to prevent an irreversible injustice. Call now and leave him a voicemail: 956-446-2866...
Latest Discussions»General Discussion»Texas is ready to execute...