With just 3 days before Melissa Lucio’s set execution, here’s how the state could step in to halt it

AUSTIN (Nexstar) — With solely three days left till Melissa Lucio’s execution, set for Wednesday, April 27, rallies on the State Capitol proceed Sunday night making an attempt to garner state officers’ consideration to cease it.

Lucio was convicted of killing her 2-year-old daughter Mariah in Harlingen 15 years in the past.

Her attorneys now level to new proof, displaying that Mariah’s accidents had been brought on by a fall down a steep staircase. Additionally they declare Melissa might have been coerced by regulation enforcement into confessing to the homicide on the day of her daughter’s demise.

For the reason that conviction, 5 of the 12 jurors have publicly said if that they had recognized concerning the new proof, they’d not have sentenced her to demise.

With three days left, Tivon Schardl, the Supervisory Federal Public Defender in Austin who’s representing Lucio, sat down with KXAN to debate how the state may step in to both utterly halt, or delay, the execution Wednesday.

This Q&A has been edited for size and readability.

Q: The place do issues stand legally heading into this week, with each the request for clemency and a number of other filings within the court docket of appeals?

A: The present state of affairs is that the Board of Pardons and Paroles is contemplating a clemency petition on behalf of Melissa Lucio that’s supported by a supermajority of each the Home and the Senate within the Texas Legislature, in addition to a whole lot of anti-domestic violence teams, and spiritual organizations and tens of 1000’s, if not a whole lot of 1000’s of Texans. The Texas Court docket of Legal Appeals has earlier than it, a number of filings on behalf of Melissa Lucio, most of them haven’t been responded to by the state. So there’s no opposition from the state to those filings that search a keep of execution and in the end to get a brand new trial for Melissa Lucio. Additionally, the Federal Court docket of Appeals, the Fifth Circuit has earlier than it, a movement additionally a movement for a keep of execution as effectively.

Q: With that being stated, stroll us by means of the probabilities of what may occur this week.

A: We’ll hear from the Board of Pardons and Paroles [Monday] afternoon. That’s their regular means of doing enterprise. They situation their outcomes two days earlier than the scheduled execution date. Then, in fact, it’s as much as the governor whether or not he’s going to just accept that suggestion or not. Or if the advice is towards clemency, to grant a reprieve, which he has the ability to do no matter what the board decides. When it comes to the courts. We will count on to listen to from them at any time. There’s actually no approach to predict after they’re going to rule.

Q: Earlier this month, state lawmakers grilled District Lawyer Luis Saenz to withdraw the warrant for the execution, however he refused on the time. Does he at the moment have the ability to revoke the warrant?

A: Sure, the district lawyer has had the ability all alongside to seek the advice of with counsel earlier than searching for an execution date. And there’s been a movement pending within the trial court docket since February to withdraw the execution date or to rethink setting it. And the district lawyer has been capable of be a part of that movement say he doesn’t oppose that movement for months now.

Q: In your opinion, what’s the best-case state of affairs this week?

A: I feel the best-case state of affairs can be for the Texas Court docket of Legal Appeals to remain the execution and ship the case again to the trial court docket to think about whether or not Melissa Lucio ought to get a brand new trial.

Q: Is there any approach to evaluate this to another demise row instances in current historical past?

A: There hasn’t been a case like this in current Texas historical past that that I’m accustomed to. And I’ve been engaged on these instances right here on and off for 26 years. There hasn’t been a case the place a supermajority of the Texas Legislature is supporting a cease to the execution. There hasn’t been a case the place a whole lot of 1000’s of individuals have been calling, emailing, tweeting to the district lawyer and the governor to cease the execution. It is a actually extraordinary case. Now, you’ll be able to evaluate it favorably to different instances wherein the governor granted clemency. For instance, within the Bart Whitaker case, Governor Abbott commuted his sentence to life, partially as a result of the sufferer’s household who had been additionally Mr. Whitaker’s household, supported clemency. That’s the identical right here. In different instances the place there was highly effective proof of innocence, governors, together with Governor Bush and Governor Perry, have stopped executions. In order that’s comparable. The factor is about Melissa Lucio as instances you’ve all of that.

Q: How is Melissa’s household holding up whereas they watch for a solution?

A: It’s torture for them. It’s absolute torture. And I feel the people who find themselves following John Lucio, and and Michelle Lucio on social media, they see the agony that this household goes by means of, as a result of public officers don’t communicate up and simply make the precise choice about this harmless lady dealing with execution in what, three, 4 days. So it’s, they’ve been simply going by means of hell and the state of Texas is placing them by means of hell, and there’s no motive for it.