May 15, 2022
S5:09:122:The State of Texas Vs. Melissa Lucio
Melissa Lucio was accused of abusing and murdering her young daughter Mariah. Although other evidence has come up that she may be innocent, she was convicted and sentenced to death row. Was she executed as planned? Join us as we examine The State Vs....
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RSS Feed Melissa Lucio was accused of abusing and murdering her young daughter Mariah. Although other evidence has come up that she may be innocent, she was convicted and sentenced to death row. Was she executed as planned? Join us as we examine The State Vs. Melissa Rubio on this episode of A Day With Crime.
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Welcome to A Day with Crime podcast. Well Crime A day keeps the doctor
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away. Here are your hosts,
David in Geneva mcclem. What's going on?
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And welcome to another episode of A
David Crime. I am your host,
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one half of the team, David
mcclem. You are listening to season
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five, episode nine, total case
number one hundred and twenty two. All
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right, So if we wonder why
I'm by myself, it is because we
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have some technical difficulties with Geneva.
So last week, as you know that,
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there's no episode that went up because
I was trying to wait for her
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to come back. You know,
we are a teen She had a microphone
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issue at that time, and then
this week she accidentally cracked her MacBook and
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had to have that repaired, which
is gonna take another five days. So
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we did not want you guys to
go another whole week without an episode,
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so I am here to shoot one
for you guys today. So let's talk
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about a couple of things off the
top. As I just said, we
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miss in Geneva. She will be
back with me next week and we would
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continue our regularly scheduled program as usual. This is kind of a milestone so
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I'll talk about a little bit here
and then we'll talk about it in great
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detail when Geneva is back by the
time you hear this, or we will
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probably be at May seventh. That
is actually our fourth year anniversary of doing
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this show. So we have been
on the air four years as of May
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seventh. Our first case, if
you guys are up, went through our
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whole entire catalogue. The one that
brought us to this dance was O.
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J. Simpson. We published that
May seventh of twenty eighteen, gave you
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guys a little bit of an introductory
teaser about what the podcast is going to
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be about on May one of that
year as well. So four years,
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we want to say thank you.
Without you guys, we would not be
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here this long. We will talk
about that a little bit more than Eva
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comes back next week. All right, So if you are new to the
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podcast, we want to say welcome
to you, kind of give you a
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little bit of how we do things
wrong here. We do read from Wikipedia,
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but we cross reference everything and we
throw in things that we have researched
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ourselves. We only use Wikipedia so
that it is easy for you the audience
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to follow along with us. So
if you ever reading Wikipedia and it doesn't
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seem that there's things in there that
we're talking about. It's because we have
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cross reference this and we're throwing in
information that we know Wikipedia is not always
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one hundred percent accurate, and we
want to bring you those accurate case as
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we can. So today we're going
to talk about a case that was just
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back up in the courts in April
twenty five. We're talking about what happened
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there. We're going to talk about
the State of Texas versus Melissa Lucio.
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Or if you never heard of this
case, there is actually a documentary called
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The State of Texas Versus Melissa,
which you should be able to find that
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I believe on Hulu if I can
find out. We'll leave a link to
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that at the bottom. Just a
brief warning. This case does have to
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do with abuse of a child,
so if you do have a trigger with
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that, I want to warn you. Now. All right, let's get
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started. So there's not a lot
of history, so this case kind of
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just jumps right in and then we're
talking more in detail about the crime in
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which she is accused of. Melissa
Elizabeth Lucio was born June eighteenth of nineteen
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sixty nine. She is the first
woman of Hispanic descent to ever be sittenced
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to death row in the state of
Texas. She was convicted of capital murder
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after the death of her two year
old daughter, Mariah, who was found
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to have scattered bruising in various stages
of healing, as well as injuries to
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her head and contusions of the kidney's
lungs and spinal cord. Prosecutor said that
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Mariah's injuries were the result of physical
abuse, while Lucio's attorneys say that Mariah's
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death was caused by a fall down
the stairs two days before her death.
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Melissa was questioned by law enforcement for
several hours after Maria's death, and she
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said more than one hundred times that
she had not abused Mariah until making a
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vague statement that she was responsible for
what happened to Mariah. Melissa's attorneys say
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that she was vulnerable to making a
false confession because she has a history of
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physical and sexual abuse. Melissa's case
was the subject of the twenty twenty documentary
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The State of Texas Versus Melissa.
Melissa has maintained her innocence and corneal law
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school Professor Sandra Babcock has called a
prosecution by far, the weakest capital case
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I've ever seen. Her execution date
was set for April twenty seven, two
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thousand and twenty two. And let's
talk a little bit about that because a
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lot of people say, yeah,
if you didn't do it, you won't
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confess. That is definitely not true. If you watch this documunity, you
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see what happened. So a lot
of cases and if you work for law
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enforcement, I'm sorry forgive me,
but I'm just gonna speak this because this
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is the truth. In a lot
of cases, law enforcement hones in on
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one person, no matter how many
interviews they do, don't matter how many
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people you line up and they say
they didn't do it. Once they've locked
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in on you, that is it. That was the case with Melissa Lucio.
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You watch a documentary, they're pretty
much brow beating her into saying that
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she beat her child because of the
fact that she's sitting there and the dude
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is not just coming in saying Melissa, did you do this? Or Melissa,
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what happened? He's down right,
like, Melissa, we know that
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you killed your daughter Mariah. Won't
you just come out and just tell us
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that you killed her, and she's
like sitting there, gun, I didn't
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do anything, and they just keep
row beating her. So over a hundred
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times, she said she did not
abuse Mariyah. But especially if you deal
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with somebody that you've already broken down, or let's say they have some type
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of mental illness, it may take
you several hours, but eventually you're gonna
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get that person to come out and
say exactly what you want. We've seen
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this in a lot of cases,
especially with young children who's involved with things.
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They'll get to the point of melv
you can just tell us what happened.
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We'll let you go home. The
young child or young teenager or even
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sometimes young adulters like, you know
what, if I can just go home,
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I'll just tell you what you want
to say, and I'm gonna go
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home. And that's not how that
works. So, according to CPS court
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records, Melissa's father died when she
was an infant, and when Melissa was
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three or four, of the family
moved to the Rio Grand Valley, where
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her mother had grown up. Melissa
said that she was sexually abused by her
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mother's boyfriend for about two years beginning
when she was seven years old. Melissa
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was married at the age of sixteen
and had her first five children with Guadaloupe
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Lucio. Melissa stated that he was
often addicted to drugs and alcohol and was
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physically abusive. Melissa had her remaining
seven children with Robert Alvarez. So her
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attorney is already stating that it has
a lot to do with the fact that
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she's in this position because of the
fact that she was abused as a miner,
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and that she was very vulnerable to
making this confession because of that.
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So I can see how that works. My father was extremely abusive, and
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if you got a man that looked
like Kim but as tall as him,
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and you get in my face and
start yelling at screw when I was a
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child, you could pretty much get
me to do anything that you wanted me
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to do because I was afraid of
that, and I was afraid of what
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may come next. So that's kind
of a very good defense in her case.
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So what happened to the baby Mariah
Alvarez? So she was born to
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Melissa lou See Robert Avarez in September
two thousand and four. Mariah was Melissa's
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twelfth child. Child Protective Services had
previously investigated Melissa for allegations of child neglect,
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and they said that Melissa's youngest children
were often left in the care of
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their teenage siblings. Melissa was addicted
to cocaine. She tested positive sh left
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to Mariah was born, and this
prompted authorities to place her children in foster
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care. Her three older children went
to live in Houston with their father,
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and Melissa regained custody of the others
in late two thousand and six. On
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February seventeen, two thousand and seven, paramedics were called to the Lucia residents
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because two year old Mariah was unresponsive
and not breathing. According to the Cameron
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County District Attorney's Office, Mariah was
found at the home with signs of abuse
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on her body. She reportedly had
scattered, bruising, bite marks on her
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back, patches of hair that had
been pulled out, and a broken arm.
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According to Melissa, two days earlier, Mariah had fallen down a set
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of stairs, leading to her injuries. Mariah was pronounced dead upon arrival at
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a local hospital. It was later
determined that Mariah's arm had been broken two
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to seven weeks before her death in
an optopsy also showed a head injury and
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bruising of the kidney's lungs and spinal
cords. Now we're talking a little bit
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more, hearing a bit about who
they suspected had did this. But remember
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I said that when the police homes
in on you, that's all they see.
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Well, they have actual evidence right
here, because I just told you
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that she had bite marks on her
back. There's your proof. You can
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line that up. You can take
impressions of Melissa's teeth to see if that
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is the proper bite mark. You
could swab that for s saliva to see
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if it matches that of Melissa.
From what I have read and found,
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none of that took place, and
as far as I'm concerned, that is
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a dead marker. You can find
a lot of things out about a bite
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mark, but none of that happened. So falling Mariah's death, Melissa was
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arrested in question for seven hours by
Texas ranger Victor Eskalan, without a lawyer,
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president and without receiving food or water. I want you guys to think
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about that. Close your eyes for
a minute and just imagine I'm a cop.
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I'm gonna take you and I'm gonna
put you in a room somewhere,
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just me and you. I'm gonna
lock you in there, and I'm gonna
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sit about a foot away from you
for seven hours. I'm gonna deny you
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food. I'm gonna deny you water, I'm gonna deny you an attorney.
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I'm gonna deny you a bathroom break. How long before you start to want
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to say anything to get out of
that room? Melissa admitted to having spanked
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Mariah, but denied ever having abusing
her, which she repeated more than one
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hundred times. She was then told
by Escalon, right now, it looks
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like you're a cold blooded killer.
Now are you a cold blooded killer?
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Or were you a frustrated mom who
just took it out on her? He
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continued by telling her we already know
what happened. After several hours of interrogation,
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Melissa stated, I guess I did
it. I'm responsible. Again,
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she says, I guess I did
it. I'm responsible, after Escalon continued
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to yell, now, the one
thing that this doesn't say, you will
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see if you watch the documentary is
when she said that she had spanked Mariah,
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they put a baby doll but side
up on a table and Escalon said,
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I want you to show me how
you spanked this child. And what
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she did was she pretty much.
She goes, I just tapped on the
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butt like this and it was like
two quick taps. But Escalon was not
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people with that. He continued,
he goes, well, I don't believe
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that that's how you really did it. If you was really frustrated, is
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that how you show me how you
did it. So he wouldn't get off
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of her with that until she smacked
the doll more than twice, and she
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smacked the doll a little bit harder
than she had previously. He's goading her
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into saying, yeah, well it
started with this and I was spanking her
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so hard and it led to this. But if you watch a documentary,
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you see exactly what I see.
He's leading her into that direction. He
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won't get off of her back until
she says that the way he wants her
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to say it, or she does
it the way he wants her to do
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it. One of Melissa's sons was
also questioned by law enforcement short left to
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Mariah's death. In a video,
a female officer asked the boy, did
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you see your sister fall down the
stairs or did somebody tell you that she
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failed? And the board then responded, no, I saw her. Want
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you to keep in mind her older
children. This young man came out.
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They grilled them for several times too, and nobody will relent. They all
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said they saw Maria fall down the
stairs, but nobody was happy with that,
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even when they came to all of
the children saying, my mom did
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not do anything. This is what
comes up. So what happens to her
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legal proceedings? So doing the trial, Melissa's recorded statements from her interrogation was
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described as a confession by Cameron County
District Attorney Armando Villa Lobos, who was
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seeking reelection at the time. This
is a key point that I want you
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guys to remember. Armando Villa Lobos, who was the district attorney, was
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re seeking reelection at that time.
Folks, if you know anything about crime,
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if you know anything about politics,
you know that the most opportune time
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if you're for reelection is to have
a murder case, a good murder case
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that you can stake your claim on, maybe hopefully find a conviction before your
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time is up, and then That
usually seals in your reelection because you come
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out and you say things like I
put the crack down on crime. I'm
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putting the crack down on child abuse. Look what I just did. I
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just got Melissa Lucio convicted. Reelect
me and a lot of times that works.
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But wait a minute. He wasn't
all opened up either. See Villa
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Lobos. On February level of the
twenty fourteen, was sentenced to thirteen years
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in federal prison for his role in
a bribery and extortion scheme, so with
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the US Attorney's Office said in the
Southern District of Texas. In his trial,
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they found that he solicited and accepted
over one hundred thousand dollars in bribes
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and kickbacks in the form of cash
and campaign contributions in return for favorable acts
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or prosecutorial discretion. If you don't
know what that means, let me just
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say I washed Joe back, you
wash mine. So somebody would come to
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our mono Villa Lobos and say so
and so's cases coming up. I really
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need this win. I'm gonna need
you as the DA to do whatever you
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can to help me get this person
convicted. I know that this person didn't
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do it, but this is who
everybody thinks did it, and I need
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this to happen. So Villa Lobos
did everything in his power to make that
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happen, and when he did,
he got money for that call a kick
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back over one hundred thousand dollars worth. This is the same person that said
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that they took Melissa's confession as fact. A pathologist, doctor Norma J.
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Farley, testified that the child's optopsy
indicated that she did not die from falling
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downstairs, and instead her injuries were
consistent with the death from blunt forced trauma.
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Additionally, court documents state that the
emergency room physician said he had not
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seen a case of child abuse worse
than Mariah's, and if you watch this
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documentary, race yourself, because he's
right. They showed you these photos.
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They were horrible. Melissa's defense argued
that Mariah's injuries were from falling down the
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stairs and that Lucihow's psychological functioning contributed
to her conflicting reports given to authorities.
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Despite the defense's arguments, Lucia was
found guilty of capital murder and later sentenced
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to death in two thousand and eight. So she gets found guilty of capital
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murder that carries a death sentence.
Villa Lobos is of her reelection. You
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don't think he's gonna go for that, absolutely, so she gets put on
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death row in two thousand and eight. At the time that she was put
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into jail, she was pregnant with
twins, and authorities compelled her to place
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them for adoption after delivering them while
she was in jail. As of now
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this year, twenty twenty two,
she's been held on Texas Death Row at
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the Mountain View Unit in Gatesville,
Texas. Now, if you're from Texas,
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I'm sorry, but they've always referred
to Texas as the death row capital
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of the world because Texas does not
hesitate to execute somebody. They did follow
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appill in twenty eleven against the conviction, and it was denied. In twenty
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nineteen, of three judge panel of
the Federal Appeals Court overturned the sentence because
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of the trial court's interference and Melissa's
right to present a defense. The decision
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was subsequently overturned and Lucia remained on
death row. Forensic pathologist doctor Thomas Young,
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the former chief Medical examined in Kansas
City, Missouri, we viewed the
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cage of the requests of Melissa's post
conviction attorney. He concluded that doctor Farley
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appeared to have jumped to wrong conclusions. In a similar case of Manuel Valez,
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a man who was initially convicted for
murdering a one year old baby and
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whose death sentences overturned after further investigation, doctor Farley's conclusions had also been contradicted
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by other medical experts. Before I
tell you what was happening with her,
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right now, let me put this
into your brain, Sales, I think
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it still remains that we as parents
would do anything for our children, even
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if that means taking the fall for
them. So the reason I say that
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is because Melissa has an older daughter
and her name is Alexandra. Alexandra did
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not like Mariah. She never counted
her as one of her siblings because they
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had two different fathers. Her other
children has also stated that Alexandra was not
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nice to Mariah at all, that
she was known to hit Mariah and curse
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at Mariah and do mean things.
In this documentary, Alexandra even says herself
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that she's hit Mariah before, that
she's hit her in the head before,
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that she's hit her on the limbs
before. So the way that this is
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looking by what she even saying on
the documentary herself, is that most likely
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in action that she took that day. It's the reason why Mariah is along
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with us. She did hit Mariah
in the head. Now, was the
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fall on the stairs something that she
did because of the fact that she was
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trying to cover what she had done. We don't know. They haven't taken
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00:21:22.599 --> 00:21:26.720
her in, they haven't really said
that she did anything. But I'm going
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by what I've seen and what I
read and what I watched, and when
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they bring this up to Melissa on
the documunity, if you watch it,
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I want you to watch her demeanor. She's very hesitant to say anything,
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and there's a number of people out
there that says, well, I think
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that Melissa is just taking the fall
for Alexandra. Her life has already been
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lived. She doesn't want to do
this to her, even if Alexander did
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it. She's not really coming out
with that. So I know that we
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as parents will sacrifice our own lives
one times for our children. Here's how
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I see it. As a father
myself, I love all my kids.
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I would do anything for either of
them. But I was raised by a
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Southern Baptist woman and she always told
me that she goes, I will come
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00:22:22.039 --> 00:22:26.079
and I will walk through Hell's fire
for you if I know that you were
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innocent, but if you did the
crime, you're gonna have to do that
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time. And I carry that in
the back of my head every single day
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when I was younger, and I
say that to my kids. Now,
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I'll go to the ends of the
earth for you. But if you go
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out there and do something stupid,
the only thing I'm gonna do, I'm
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gonna talk to the judge. I'm
gonna have to judge, don't kill you,
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but you're gonna have to as an
adult. You're gonna have to deal
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with that situation. And if it's
something you didn't do, you need to
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say you didn't do it so I
can help you get out of whatever the
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00:23:00.799 --> 00:23:08.559
situation currently is. So what's going
on with Melissa Lucio right now? As
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I told you, she was set
to die April twenty seventh of this year,
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we're already in May. She ain't
dead, folks, because at that
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00:23:21.319 --> 00:23:26.559
last bewitching hour, the appeals Court
granted her to stay. On April the
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00:23:26.640 --> 00:23:33.799
twenty fifth, just two days before
she was supposed to be executed. Because
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there's evidence that they want to reopen
and look at. There's things that they
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don't believe really came out. There's
more stuff that needs to be looked at.
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So if you guys know anything about
Mexico or the Mexican people, well
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00:23:52.279 --> 00:23:56.640
they're a lot like me and maybe
some of you. They are completely one
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00:23:56.319 --> 00:24:03.039
of pose to the death penalty.
So the Mexican ambassador to the United States,
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00:24:03.200 --> 00:24:07.039
Estebun Maktazuma, announced on April twenty
second that he sent a letter to
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00:24:07.119 --> 00:24:15.440
Governor Abbott asking him to grant executive
clemency to Melissa, as Mexico has historically
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00:24:15.480 --> 00:24:21.519
manifested and on the wavering commitment and
is opposition to the death penalty. So
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she got that state. So when
closing, let me tell you guys what
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my belief of this is. If
you watch this documentary, if you look
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at her demeanor, if you look
at the interrogation, you will come to
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the same conclusion I hope that I
have. That this woman is on death
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00:24:38.240 --> 00:24:47.240
row for something in which she did
not do. The only answer to this
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00:24:47.359 --> 00:24:53.200
problem right now is to let her
go free. Do the proper things.
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00:24:53.240 --> 00:24:57.319
You should have done at the beginning
of this. You should have swabbed that
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00:24:57.359 --> 00:25:03.680
bite. You should have teeth impressions
and mass them to the skin. You
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00:25:03.720 --> 00:25:08.759
should listen to the other people that
was there. Let me tell you something,
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00:25:08.799 --> 00:25:12.319
folks, I know because I've been
in this situation. He was gonna
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00:25:12.400 --> 00:25:15.640
run around and go, well,
the kids were scared, and they said
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00:25:15.680 --> 00:25:18.039
whatever they wanted to say. I'll
give you that. But you know what,
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the moment that those kids realize that
if their mom was that horrible to
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them, and she's locked up,
and you've got people that can prove she's
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00:25:29.079 --> 00:25:33.359
locked up and she ain't never getting
out, you start to seeming like a
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00:25:33.400 --> 00:25:37.200
bird. I did when I knew
that my father could not hurt us anymore.
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00:25:37.480 --> 00:25:41.480
Any question you ask me, I'm
gonna tell you. But all of
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these kids that they talked to,
if you look at them, they lined
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00:25:44.000 --> 00:25:47.680
up one by one, you can
tell they were unrehearsed. One dude is
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like, man, I just want
to see my mom. After he's telling
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00:25:49.680 --> 00:25:52.440
them, no, this didn't happen
this way, and this is how it
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00:25:52.480 --> 00:25:59.720
goes. No one's listening to Melissa. I do believe by her own confession
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her daughter is the reason why Mariah
is no longer here. I believe she
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00:26:04.640 --> 00:26:11.319
did kill Mariah, although I don't
believe that it was intentional. I just
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00:26:11.359 --> 00:26:14.640
think she got too carried away and
it ended up the way they did,
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00:26:14.759 --> 00:26:18.000
unfortunately with a rider and longer being
here. The bruises that was on her
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00:26:18.039 --> 00:26:22.799
body, some were old, some
were new. Supposedly according to some of
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00:26:22.839 --> 00:26:26.759
the things I read and what some
of these children has said, these were
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bruises that was put upon her by
Alexandra, and that Melissa was nowhere around
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when these things were happening. They
do show you, guys, the stairs
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and where the child did fall.
If those stairs are pretty steep, they
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they've caught closed them off. Now
if you hit your head the right way
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coming down them, I can't see
where two contusions will happen. But they
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00:26:51.240 --> 00:26:55.799
also can tell if you die because
you fell down the stairs or somebody hit
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00:26:55.880 --> 00:26:57.599
you, like with a bad upside
the head, and from the way her
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00:26:57.640 --> 00:27:07.079
skull look, somebody hit her.
So my final thoughts on this is they
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00:27:07.119 --> 00:27:11.559
need to do further looking into that
her interrogation was unfair. She was forced
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into a confession. She was also
forced to admit that she spent her child
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00:27:15.720 --> 00:27:21.160
harder than what she actually did.
All of that's right on videotape. Police
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00:27:21.200 --> 00:27:22.880
should be ashamed themselves when they just
want to bring some out of you and
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00:27:22.880 --> 00:27:26.640
this is the only way that they
can do it. Let's not to forget
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00:27:26.680 --> 00:27:32.960
again. This case was coming up
during the reelection phase of the district attorney,
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00:27:33.119 --> 00:27:37.680
who also turned out to be cricket
because he's accepting briberies and kickbacks.
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00:27:37.000 --> 00:27:41.079
You add all that up to me
that says we need to go back,
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00:27:41.240 --> 00:27:45.000
re look at the evidence and give
her a new trial, which he has
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00:27:45.319 --> 00:27:55.880
so now hopefully after this Melissa Lucio
will go free. All right, guys,
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00:27:55.920 --> 00:27:59.519
So I thank you for tuning into
this one with me. I hope
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00:27:59.519 --> 00:28:03.119
you enjoyed it as much as you
could. I know it feels weird to
329
00:28:03.160 --> 00:28:08.160
be that Geneva's not here. So
my shout out session today is just simply
330
00:28:08.200 --> 00:28:12.559
to say thank you guys for bringing
with us. Thank you for all you
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00:28:12.599 --> 00:28:17.799
guys do and have done. I
won't talk to you guys before then.
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00:28:18.000 --> 00:28:22.160
So to all the moms out there, I'm gonna say Happy Mother's Day.
333
00:28:22.240 --> 00:28:29.519
If your mother is still here on
this earth, please go to her this
334
00:28:29.640 --> 00:28:32.519
Mother's Day, give her a hug. If you are at odds with your
335
00:28:32.559 --> 00:28:36.839
mom, find a way to make
that right. I know that all situations
336
00:28:36.880 --> 00:28:41.920
can't be made right, but if
your situation can take it from somebody whose
337
00:28:41.960 --> 00:28:45.519
mom is no longer here. If
you guys a long time listeners to the
338
00:28:45.559 --> 00:28:48.920
podcast, you know that Geneva and
I lost both of our moms in twenty
339
00:28:48.960 --> 00:28:55.079
twenty six months apart. So this
Mother's Day, we wish we could go
340
00:28:55.160 --> 00:28:59.359
to our moms and hug her.
So I'm asking you guys to do that
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00:28:59.400 --> 00:29:02.240
for as. If your mom is
here, please go show your mom some
342
00:29:02.400 --> 00:29:07.960
love, because unfortunately they're not going
to be here forever and we never know
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00:29:07.039 --> 00:29:15.799
when that time will come. All
right, guys, we thank you for
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00:29:15.880 --> 00:29:19.480
tuning into this episode. We know
that you have many, many options in
345
00:29:19.559 --> 00:29:26.720
true crime podcasts. We are just
grateful that for now the last four years,
346
00:29:26.319 --> 00:29:32.519
you guys have chosen us as one
of them. I hope all you
347
00:29:32.599 --> 00:29:37.519
guys out there is being safe,
be good to yourself and to each other,
348
00:29:38.440 --> 00:29:44.240
and as always, don't commit the
crimes out there so you don't end
349
00:29:44.319 --> 00:29:48.960
up on our podcasts. Thank you
for listening to a Day with Crime artwork
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00:29:49.079 --> 00:29:53.039
created by Geneva mcclan. Sound mixing
and editing done by David the Clan.
351
00:29:53.480 --> 00:29:59.960
Join us on our website www dot
a David Crime dot com, an email
352
00:30:00.119 --> 00:30:03.160
us at A Day with Crime at
gmail dot com, where you can subscribe,
353
00:30:03.400 --> 00:30:07.759
learn ways to support the show and
get access to our social media networks.
354
00:30:07.759 --> 00:30:11.160
Thank you for listening and for your
support, and, as always,
355
00:30:11.599 --> 00:30:17.200
a Crime to Day keeps the Doctor
away until next time.
1
00:00:11.000 --> 00:00:17.480
Welcome to A Day with Crime podcast. Well Crime A day keeps the doctor
2
00:00:17.519 --> 00:00:23.079
away. Here are your hosts,
David in Geneva mcclem. What's going on?
3
00:00:23.079 --> 00:00:26.679
And welcome to another episode of A
David Crime. I am your host,
4
00:00:27.320 --> 00:00:32.880
one half of the team, David
mcclem. You are listening to season
5
00:00:33.159 --> 00:00:40.479
five, episode nine, total case
number one hundred and twenty two. All
6
00:00:40.560 --> 00:00:43.600
right, So if we wonder why
I'm by myself, it is because we
7
00:00:43.640 --> 00:00:48.960
have some technical difficulties with Geneva.
So last week, as you know that,
8
00:00:49.000 --> 00:00:52.200
there's no episode that went up because
I was trying to wait for her
9
00:00:52.280 --> 00:00:56.399
to come back. You know,
we are a teen She had a microphone
10
00:00:56.439 --> 00:01:03.319
issue at that time, and then
this week she accidentally cracked her MacBook and
11
00:01:03.400 --> 00:01:10.519
had to have that repaired, which
is gonna take another five days. So
12
00:01:10.599 --> 00:01:15.439
we did not want you guys to
go another whole week without an episode,
13
00:01:15.879 --> 00:01:22.400
so I am here to shoot one
for you guys today. So let's talk
14
00:01:22.439 --> 00:01:25.680
about a couple of things off the
top. As I just said, we
15
00:01:25.799 --> 00:01:30.000
miss in Geneva. She will be
back with me next week and we would
16
00:01:30.040 --> 00:01:36.959
continue our regularly scheduled program as usual. This is kind of a milestone so
17
00:01:36.959 --> 00:01:41.319
I'll talk about a little bit here
and then we'll talk about it in great
18
00:01:41.359 --> 00:01:46.359
detail when Geneva is back by the
time you hear this, or we will
19
00:01:46.400 --> 00:01:55.159
probably be at May seventh. That
is actually our fourth year anniversary of doing
20
00:01:55.200 --> 00:02:00.480
this show. So we have been
on the air four years as of May
21
00:02:00.719 --> 00:02:02.959
seventh. Our first case, if
you guys are up, went through our
22
00:02:02.959 --> 00:02:07.759
whole entire catalogue. The one that
brought us to this dance was O.
23
00:02:08.280 --> 00:02:15.759
J. Simpson. We published that
May seventh of twenty eighteen, gave you
24
00:02:15.759 --> 00:02:19.879
guys a little bit of an introductory
teaser about what the podcast is going to
25
00:02:19.960 --> 00:02:23.800
be about on May one of that
year as well. So four years,
26
00:02:24.680 --> 00:02:28.840
we want to say thank you.
Without you guys, we would not be
27
00:02:28.960 --> 00:02:32.759
here this long. We will talk
about that a little bit more than Eva
28
00:02:32.840 --> 00:02:40.360
comes back next week. All right, So if you are new to the
29
00:02:40.439 --> 00:02:45.680
podcast, we want to say welcome
to you, kind of give you a
30
00:02:45.719 --> 00:02:47.759
little bit of how we do things
wrong here. We do read from Wikipedia,
31
00:02:47.879 --> 00:02:53.479
but we cross reference everything and we
throw in things that we have researched
32
00:02:53.479 --> 00:02:58.800
ourselves. We only use Wikipedia so
that it is easy for you the audience
33
00:02:59.599 --> 00:03:04.199
to follow along with us. So
if you ever reading Wikipedia and it doesn't
34
00:03:04.199 --> 00:03:07.360
seem that there's things in there that
we're talking about. It's because we have
35
00:03:07.400 --> 00:03:12.000
cross reference this and we're throwing in
information that we know Wikipedia is not always
36
00:03:12.000 --> 00:03:15.400
one hundred percent accurate, and we
want to bring you those accurate case as
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00:03:15.400 --> 00:03:21.039
we can. So today we're going
to talk about a case that was just
38
00:03:21.400 --> 00:03:27.000
back up in the courts in April
twenty five. We're talking about what happened
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00:03:27.039 --> 00:03:36.080
there. We're going to talk about
the State of Texas versus Melissa Lucio.
40
00:03:37.800 --> 00:03:40.719
Or if you never heard of this
case, there is actually a documentary called
41
00:03:40.719 --> 00:03:46.400
The State of Texas Versus Melissa,
which you should be able to find that
42
00:03:46.479 --> 00:03:50.479
I believe on Hulu if I can
find out. We'll leave a link to
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00:03:50.479 --> 00:03:53.919
that at the bottom. Just a
brief warning. This case does have to
44
00:03:54.000 --> 00:03:59.599
do with abuse of a child,
so if you do have a trigger with
45
00:03:59.680 --> 00:04:02.680
that, I want to warn you. Now. All right, let's get
46
00:04:02.800 --> 00:04:08.960
started. So there's not a lot
of history, so this case kind of
47
00:04:09.000 --> 00:04:13.960
just jumps right in and then we're
talking more in detail about the crime in
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00:04:14.039 --> 00:04:21.519
which she is accused of. Melissa
Elizabeth Lucio was born June eighteenth of nineteen
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sixty nine. She is the first
woman of Hispanic descent to ever be sittenced
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to death row in the state of
Texas. She was convicted of capital murder
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after the death of her two year
old daughter, Mariah, who was found
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to have scattered bruising in various stages
of healing, as well as injuries to
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her head and contusions of the kidney's
lungs and spinal cord. Prosecutor said that
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Mariah's injuries were the result of physical
abuse, while Lucio's attorneys say that Mariah's
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death was caused by a fall down
the stairs two days before her death.
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Melissa was questioned by law enforcement for
several hours after Maria's death, and she
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said more than one hundred times that
she had not abused Mariah until making a
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vague statement that she was responsible for
what happened to Mariah. Melissa's attorneys say
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that she was vulnerable to making a
false confession because she has a history of
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physical and sexual abuse. Melissa's case
was the subject of the twenty twenty documentary
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The State of Texas Versus Melissa.
Melissa has maintained her innocence and corneal law
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school Professor Sandra Babcock has called a
prosecution by far, the weakest capital case
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I've ever seen. Her execution date
was set for April twenty seven, two
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thousand and twenty two. And let's
talk a little bit about that because a
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lot of people say, yeah,
if you didn't do it, you won't
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confess. That is definitely not true. If you watch this documunity, you
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see what happened. So a lot
of cases and if you work for law
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enforcement, I'm sorry forgive me,
but I'm just gonna speak this because this
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is the truth. In a lot
of cases, law enforcement hones in on
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one person, no matter how many
interviews they do, don't matter how many
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people you line up and they say
they didn't do it. Once they've locked
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in on you, that is it. That was the case with Melissa Lucio.
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You watch a documentary, they're pretty
much brow beating her into saying that
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she beat her child because of the
fact that she's sitting there and the dude
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is not just coming in saying Melissa, did you do this? Or Melissa,
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what happened? He's down right,
like, Melissa, we know that
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you killed your daughter Mariah. Won't
you just come out and just tell us
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that you killed her, and she's
like sitting there, gun, I didn't
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do anything, and they just keep
row beating her. So over a hundred
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times, she said she did not
abuse Mariyah. But especially if you deal
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with somebody that you've already broken down, or let's say they have some type
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of mental illness, it may take
you several hours, but eventually you're gonna
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get that person to come out and
say exactly what you want. We've seen
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this in a lot of cases,
especially with young children who's involved with things.
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They'll get to the point of melv
you can just tell us what happened.
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We'll let you go home. The
young child or young teenager or even
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sometimes young adulters like, you know
what, if I can just go home,
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I'll just tell you what you want
to say, and I'm gonna go
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home. And that's not how that
works. So, according to CPS court
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records, Melissa's father died when she
was an infant, and when Melissa was
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three or four, of the family
moved to the Rio Grand Valley, where
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her mother had grown up. Melissa
said that she was sexually abused by her
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mother's boyfriend for about two years beginning
when she was seven years old. Melissa
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was married at the age of sixteen
and had her first five children with Guadaloupe
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Lucio. Melissa stated that he was
often addicted to drugs and alcohol and was
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physically abusive. Melissa had her remaining
seven children with Robert Alvarez. So her
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attorney is already stating that it has
a lot to do with the fact that
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she's in this position because of the
fact that she was abused as a miner,
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and that she was very vulnerable to
making this confession because of that.
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So I can see how that works. My father was extremely abusive, and
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if you got a man that looked
like Kim but as tall as him,
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and you get in my face and
start yelling at screw when I was a
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child, you could pretty much get
me to do anything that you wanted me
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to do because I was afraid of
that, and I was afraid of what
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may come next. So that's kind
of a very good defense in her case.
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So what happened to the baby Mariah
Alvarez? So she was born to
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Melissa lou See Robert Avarez in September
two thousand and four. Mariah was Melissa's
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twelfth child. Child Protective Services had
previously investigated Melissa for allegations of child neglect,
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and they said that Melissa's youngest children
were often left in the care of
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their teenage siblings. Melissa was addicted
to cocaine. She tested positive sh left
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to Mariah was born, and this
prompted authorities to place her children in foster
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care. Her three older children went
to live in Houston with their father,
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and Melissa regained custody of the others
in late two thousand and six. On
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February seventeen, two thousand and seven, paramedics were called to the Lucia residents
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because two year old Mariah was unresponsive
and not breathing. According to the Cameron
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County District Attorney's Office, Mariah was
found at the home with signs of abuse
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on her body. She reportedly had
scattered, bruising, bite marks on her
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back, patches of hair that had
been pulled out, and a broken arm.
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According to Melissa, two days earlier, Mariah had fallen down a set
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of stairs, leading to her injuries. Mariah was pronounced dead upon arrival at
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a local hospital. It was later
determined that Mariah's arm had been broken two
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to seven weeks before her death in
an optopsy also showed a head injury and
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bruising of the kidney's lungs and spinal
cords. Now we're talking a little bit
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more, hearing a bit about who
they suspected had did this. But remember
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I said that when the police homes
in on you, that's all they see.
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Well, they have actual evidence right
here, because I just told you
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that she had bite marks on her
back. There's your proof. You can
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line that up. You can take
impressions of Melissa's teeth to see if that
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is the proper bite mark. You
could swab that for s saliva to see
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if it matches that of Melissa.
From what I have read and found,
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none of that took place, and
as far as I'm concerned, that is
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a dead marker. You can find
a lot of things out about a bite
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mark, but none of that happened. So falling Mariah's death, Melissa was
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arrested in question for seven hours by
Texas ranger Victor Eskalan, without a lawyer,
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president and without receiving food or water. I want you guys to think
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about that. Close your eyes for
a minute and just imagine I'm a cop.
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I'm gonna take you and I'm gonna
put you in a room somewhere,
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just me and you. I'm gonna
lock you in there, and I'm gonna
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sit about a foot away from you
for seven hours. I'm gonna deny you
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food. I'm gonna deny you water, I'm gonna deny you an attorney.
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I'm gonna deny you a bathroom break. How long before you start to want
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to say anything to get out of
that room? Melissa admitted to having spanked
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Mariah, but denied ever having abusing
her, which she repeated more than one
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hundred times. She was then told
by Escalon, right now, it looks
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like you're a cold blooded killer.
Now are you a cold blooded killer?
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Or were you a frustrated mom who
just took it out on her? He
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continued by telling her we already know
what happened. After several hours of interrogation,
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Melissa stated, I guess I did
it. I'm responsible. Again,
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she says, I guess I did
it. I'm responsible, after Escalon continued
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to yell, now, the one
thing that this doesn't say, you will
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see if you watch the documentary is
when she said that she had spanked Mariah,
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they put a baby doll but side
up on a table and Escalon said,
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I want you to show me how
you spanked this child. And what
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she did was she pretty much.
She goes, I just tapped on the
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butt like this and it was like
two quick taps. But Escalon was not
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people with that. He continued,
he goes, well, I don't believe
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that that's how you really did it. If you was really frustrated, is
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that how you show me how you
did it. So he wouldn't get off
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of her with that until she smacked
the doll more than twice, and she
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smacked the doll a little bit harder
than she had previously. He's goading her
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into saying, yeah, well it
started with this and I was spanking her
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so hard and it led to this. But if you watch a documentary,
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you see exactly what I see.
He's leading her into that direction. He
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won't get off of her back until
she says that the way he wants her
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to say it, or she does
it the way he wants her to do
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it. One of Melissa's sons was
also questioned by law enforcement short left to
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Mariah's death. In a video,
a female officer asked the boy, did
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you see your sister fall down the
stairs or did somebody tell you that she
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failed? And the board then responded, no, I saw her. Want
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you to keep in mind her older
children. This young man came out.
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They grilled them for several times too, and nobody will relent. They all
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said they saw Maria fall down the
stairs, but nobody was happy with that,
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even when they came to all of
the children saying, my mom did
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not do anything. This is what
comes up. So what happens to her
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legal proceedings? So doing the trial, Melissa's recorded statements from her interrogation was
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described as a confession by Cameron County
District Attorney Armando Villa Lobos, who was
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seeking reelection at the time. This
is a key point that I want you
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guys to remember. Armando Villa Lobos, who was the district attorney, was
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re seeking reelection at that time.
Folks, if you know anything about crime,
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if you know anything about politics,
you know that the most opportune time
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if you're for reelection is to have
a murder case, a good murder case
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that you can stake your claim on, maybe hopefully find a conviction before your
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time is up, and then That
usually seals in your reelection because you come
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out and you say things like I
put the crack down on crime. I'm
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putting the crack down on child abuse. Look what I just did. I
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just got Melissa Lucio convicted. Reelect
me and a lot of times that works.
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But wait a minute. He wasn't
all opened up either. See Villa
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Lobos. On February level of the
twenty fourteen, was sentenced to thirteen years
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in federal prison for his role in
a bribery and extortion scheme, so with
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the US Attorney's Office said in the
Southern District of Texas. In his trial,
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they found that he solicited and accepted
over one hundred thousand dollars in bribes
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and kickbacks in the form of cash
and campaign contributions in return for favorable acts
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or prosecutorial discretion. If you don't
know what that means, let me just
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say I washed Joe back, you
wash mine. So somebody would come to
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our mono Villa Lobos and say so
and so's cases coming up. I really
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need this win. I'm gonna need
you as the DA to do whatever you
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can to help me get this person
convicted. I know that this person didn't
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do it, but this is who
everybody thinks did it, and I need
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this to happen. So Villa Lobos
did everything in his power to make that
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happen, and when he did,
he got money for that call a kick
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back over one hundred thousand dollars worth. This is the same person that said
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that they took Melissa's confession as fact. A pathologist, doctor Norma J.
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Farley, testified that the child's optopsy
indicated that she did not die from falling
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downstairs, and instead her injuries were
consistent with the death from blunt forced trauma.
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Additionally, court documents state that the
emergency room physician said he had not
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seen a case of child abuse worse
than Mariah's, and if you watch this
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documentary, race yourself, because he's
right. They showed you these photos.
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They were horrible. Melissa's defense argued
that Mariah's injuries were from falling down the
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stairs and that Lucihow's psychological functioning contributed
to her conflicting reports given to authorities.
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Despite the defense's arguments, Lucia was
found guilty of capital murder and later sentenced
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to death in two thousand and eight. So she gets found guilty of capital
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murder that carries a death sentence.
Villa Lobos is of her reelection. You
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don't think he's gonna go for that, absolutely, so she gets put on
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death row in two thousand and eight. At the time that she was put
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into jail, she was pregnant with
twins, and authorities compelled her to place
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them for adoption after delivering them while
she was in jail. As of now
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this year, twenty twenty two,
she's been held on Texas Death Row at
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the Mountain View Unit in Gatesville,
Texas. Now, if you're from Texas,
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I'm sorry, but they've always referred
to Texas as the death row capital
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of the world because Texas does not
hesitate to execute somebody. They did follow
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appill in twenty eleven against the conviction, and it was denied. In twenty
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nineteen, of three judge panel of
the Federal Appeals Court overturned the sentence because
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of the trial court's interference and Melissa's
right to present a defense. The decision
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was subsequently overturned and Lucia remained on
death row. Forensic pathologist doctor Thomas Young,
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the former chief Medical examined in Kansas
City, Missouri, we viewed the
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cage of the requests of Melissa's post
conviction attorney. He concluded that doctor Farley
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appeared to have jumped to wrong conclusions. In a similar case of Manuel Valez,
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a man who was initially convicted for
murdering a one year old baby and
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whose death sentences overturned after further investigation, doctor Farley's conclusions had also been contradicted
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by other medical experts. Before I
tell you what was happening with her,
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right now, let me put this
into your brain, Sales, I think
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it still remains that we as parents
would do anything for our children, even
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if that means taking the fall for
them. So the reason I say that
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is because Melissa has an older daughter
and her name is Alexandra. Alexandra did
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not like Mariah. She never counted
her as one of her siblings because they
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had two different fathers. Her other
children has also stated that Alexandra was not
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nice to Mariah at all, that
she was known to hit Mariah and curse
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at Mariah and do mean things.
In this documentary, Alexandra even says herself
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that she's hit Mariah before, that
she's hit her in the head before,
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that she's hit her on the limbs
before. So the way that this is
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looking by what she even saying on
the documentary herself, is that most likely
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in action that she took that day. It's the reason why Mariah is along
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with us. She did hit Mariah
in the head. Now, was the
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fall on the stairs something that she
did because of the fact that she was
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trying to cover what she had done. We don't know. They haven't taken
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her in, they haven't really said
that she did anything. But I'm going
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by what I've seen and what I
read and what I watched, and when
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they bring this up to Melissa on
the documunity, if you watch it,
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I want you to watch her demeanor. She's very hesitant to say anything,
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and there's a number of people out
there that says, well, I think
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that Melissa is just taking the fall
for Alexandra. Her life has already been
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lived. She doesn't want to do
this to her, even if Alexander did
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it. She's not really coming out
with that. So I know that we
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as parents will sacrifice our own lives
one times for our children. Here's how
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I see it. As a father
myself, I love all my kids.
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I would do anything for either of
them. But I was raised by a
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Southern Baptist woman and she always told
me that she goes, I will come
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and I will walk through Hell's fire
for you if I know that you were
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innocent, but if you did the
crime, you're gonna have to do that
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time. And I carry that in
the back of my head every single day
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when I was younger, and I
say that to my kids. Now,
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I'll go to the ends of the
earth for you. But if you go
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out there and do something stupid,
the only thing I'm gonna do, I'm
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gonna talk to the judge. I'm
gonna have to judge, don't kill you,
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but you're gonna have to as an
adult. You're gonna have to deal
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with that situation. And if it's
something you didn't do, you need to
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say you didn't do it so I
can help you get out of whatever the
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situation currently is. So what's going
on with Melissa Lucio right now? As
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I told you, she was set
to die April twenty seventh of this year,
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we're already in May. She ain't
dead, folks, because at that
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last bewitching hour, the appeals Court
granted her to stay. On April the
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twenty fifth, just two days before
she was supposed to be executed. Because
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there's evidence that they want to reopen
and look at. There's things that they
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don't believe really came out. There's
more stuff that needs to be looked at.
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So if you guys know anything about
Mexico or the Mexican people, well
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they're a lot like me and maybe
some of you. They are completely one
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of pose to the death penalty.
So the Mexican ambassador to the United States,
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Estebun Maktazuma, announced on April twenty
second that he sent a letter to
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Governor Abbott asking him to grant executive
clemency to Melissa, as Mexico has historically
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manifested and on the wavering commitment and
is opposition to the death penalty. So
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she got that state. So when
closing, let me tell you guys what
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my belief of this is. If
you watch this documentary, if you look
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at her demeanor, if you look
at the interrogation, you will come to
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the same conclusion I hope that I
have. That this woman is on death
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row for something in which she did
not do. The only answer to this
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problem right now is to let her
go free. Do the proper things.
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You should have done at the beginning
of this. You should have swabbed that
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bite. You should have teeth impressions
and mass them to the skin. You
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should listen to the other people that
was there. Let me tell you something,
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folks, I know because I've been
in this situation. He was gonna
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run around and go, well,
the kids were scared, and they said
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whatever they wanted to say. I'll
give you that. But you know what,
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the moment that those kids realize that
if their mom was that horrible to
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them, and she's locked up,
and you've got people that can prove she's
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locked up and she ain't never getting
out, you start to seeming like a
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bird. I did when I knew
that my father could not hurt us anymore.
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Any question you ask me, I'm
gonna tell you. But all of
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these kids that they talked to,
if you look at them, they lined
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up one by one, you can
tell they were unrehearsed. One dude is
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like, man, I just want
to see my mom. After he's telling
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them, no, this didn't happen
this way, and this is how it
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goes. No one's listening to Melissa. I do believe by her own confession
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her daughter is the reason why Mariah
is no longer here. I believe she
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did kill Mariah, although I don't
believe that it was intentional. I just
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think she got too carried away and
it ended up the way they did,
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unfortunately with a rider and longer being
here. The bruises that was on her
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body, some were old, some
were new. Supposedly according to some of
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00:26:22.839 --> 00:26:26.759
the things I read and what some
of these children has said, these were
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bruises that was put upon her by
Alexandra, and that Melissa was nowhere around
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when these things were happening. They
do show you, guys, the stairs
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and where the child did fall.
If those stairs are pretty steep, they
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they've caught closed them off. Now
if you hit your head the right way
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coming down them, I can't see
where two contusions will happen. But they
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also can tell if you die because
you fell down the stairs or somebody hit
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you, like with a bad upside
the head, and from the way her
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skull look, somebody hit her.
So my final thoughts on this is they
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need to do further looking into that
her interrogation was unfair. She was forced
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into a confession. She was also
forced to admit that she spent her child
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harder than what she actually did.
All of that's right on videotape. Police
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should be ashamed themselves when they just
want to bring some out of you and
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this is the only way that they
can do it. Let's not to forget
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again. This case was coming up
during the reelection phase of the district attorney,
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who also turned out to be cricket
because he's accepting briberies and kickbacks.
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You add all that up to me
that says we need to go back,
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re look at the evidence and give
her a new trial, which he has
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so now hopefully after this Melissa Lucio
will go free. All right, guys,
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So I thank you for tuning into
this one with me. I hope
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you enjoyed it as much as you
could. I know it feels weird to
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00:28:03.160 --> 00:28:08.160
be that Geneva's not here. So
my shout out session today is just simply
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00:28:08.200 --> 00:28:12.559
to say thank you guys for bringing
with us. Thank you for all you
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00:28:12.599 --> 00:28:17.799
guys do and have done. I
won't talk to you guys before then.
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So to all the moms out there, I'm gonna say Happy Mother's Day.
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If your mother is still here on
this earth, please go to her this
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00:28:29.640 --> 00:28:32.519
Mother's Day, give her a hug. If you are at odds with your
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00:28:32.559 --> 00:28:36.839
mom, find a way to make
that right. I know that all situations
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00:28:36.880 --> 00:28:41.920
can't be made right, but if
your situation can take it from somebody whose
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00:28:41.960 --> 00:28:45.519
mom is no longer here. If
you guys a long time listeners to the
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00:28:45.559 --> 00:28:48.920
podcast, you know that Geneva and
I lost both of our moms in twenty
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00:28:48.960 --> 00:28:55.079
twenty six months apart. So this
Mother's Day, we wish we could go
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to our moms and hug her.
So I'm asking you guys to do that
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for as. If your mom is
here, please go show your mom some
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00:29:02.400 --> 00:29:07.960
love, because unfortunately they're not going
to be here forever and we never know
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when that time will come. All
right, guys, we thank you for
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00:29:15.880 --> 00:29:19.480
tuning into this episode. We know
that you have many, many options in
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00:29:19.559 --> 00:29:26.720
true crime podcasts. We are just
grateful that for now the last four years,
346
00:29:26.319 --> 00:29:32.519
you guys have chosen us as one
of them. I hope all you
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00:29:32.599 --> 00:29:37.519
guys out there is being safe,
be good to yourself and to each other,
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00:29:38.440 --> 00:29:44.240
and as always, don't commit the
crimes out there so you don't end
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00:29:44.319 --> 00:29:48.960
up on our podcasts. Thank you
for listening to a Day with Crime artwork
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00:29:49.079 --> 00:29:53.039
created by Geneva mcclan. Sound mixing
and editing done by David the Clan.
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00:29:53.480 --> 00:29:59.960
Join us on our website www dot
a David Crime dot com, an email
352
00:30:00.119 --> 00:30:03.160
us at A Day with Crime at
gmail dot com, where you can subscribe,
353
00:30:03.400 --> 00:30:07.759
learn ways to support the show and
get access to our social media networks.
354
00:30:07.759 --> 00:30:11.160
Thank you for listening and for your
support, and, as always,
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00:30:11.599 --> 00:30:17.200
a Crime to Day keeps the Doctor
away until next time.