Melissa Lucio, the only Hispanic woman on Texas Death row, has been granted a stay of execution.
The Texas Court of Criminal Appeals granted the stay with the recommendation her case be sent to a lower trial court for review.
Lucio was set to be executed Wednesday evening. She was condemned for the 2007 murder of her two-year-old daughter Mariah. Lucio claimed Mariah fell down an outside set of stairs the day Lucio and her family were moving to a new apartment in Cameron County. The state claimed she abused her daughter to the point of death. Lucio confessed to police at the end of a five-hour interrogation the night Mariah died. During that time, she also professed her innocence over 100 times.
Lucio, who had been abused as a child and by her husband was pregnant at the time with twins. She has 14 children. They have been vocal in asking the government to halt their mother's execution.
Plano state representative Republican Jeff Leach and El Paso state representative Joe Moody led the charge to stop the execution. They, along with a bipartisan group of Texas lawmakers visited Lucio this month on the Texas women's death row in Gatesville.
"I've said all along her case is the most troubling I've ever seen," Leach said. "The system has failed her at every turn but today the system worked so she'll be afforded a new day in court and a fair trial and all the constitutional protections to which she's entitled."
He also notes evidence was withheld at Lucio's trial and there is new evidence that would lead to her acquittal. He says five jurors from her original trial, including the foreman, have said they would now find her not guilty. He strongly feels she will be acquitted.
He also says it made no sense to convict her of capital murder and sentenced to death.
"She's not a threat to anyone inside or outside of prison," Leach said. "We can look back and talk about all that went wrong with this, how the system failed her and how people failed her and failed Mariah. The good news is she's going to get a new day in court and a new fair trial. That's cause for celebration today."
In a statement, Lucio said: "I thank God for my life. I have always trusted in Him. I am grateful the court has given me the chance to live and prove my innocence. Mariah is in my heart today and always. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren. I will use my time to help bring them to Christ. I am deeply grateful to everyone who prayed for me and spoke out on my behalf."
Listen to KRLD's Barbara Schwarz's interview with State Rep Jeff Leach below.
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