HOUSTON (AP) — A judge has recommended that the conviction and death sentence of Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her 2-year-old daughter, should be overturned amid findings that evidence in her murder trial was suppressed.
Senior State District Judge Arturo Nelson on Friday approved an agreement between prosecutors and Lucio’s attorneys that found the suppressed evidence, including witness statements from Lucio’s children and a report by Child Protective Services, would have corroborated Lucio’s defense that her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.
“She would not have been convicted in light of the suppressed evidence,” according to the 33-page agreement between the office of Cameron County District Attorney Luis Saenz and Lucio’s attorneys.
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