Texas inmate Melissa Lucio's death sentence should be overturned, judge says

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.

Nelson’s recommendation has been sent to the Texas Court of Criminal Appeals, which will make the final decision on whether Lucio’s conviction and death sentence are overturned. There was no timetable for a ruling by the appeals court. Lucio’s case has become a cause célèbre among people, including Kim Kardashian.

“We hope and pray the Court of Criminal Appeals will agree with the District Attorney, the defense, and Judge Nelson and our mother can come home to her family. It’s been 17 years that we have been without her. We love her and miss her and can’t wait to hug her,” Lucio’s children said in a statement Monday.

The agreement on findings in Lucio’s case had remained in limbo for 16 months before another judge, Gabriela Garcia. On April 5, Lucio’s lawyers and Saenz had issued a joint public statement in which they discussed that the findings were still under review by Garcia.

On April 10, Missy Medary, the presiding judge for the Fifth Administrative Judicial Region in South Texas, assigned Nelson to address the pending findings in the case. Nelson, who is a retired judge and had presided over Lucio’s 2008 trial, approved the findings two days later.

Garcia's court had requested that Nelson be assigned “to address the pending findings and conclusions as he was the trial judge in the case and has direct knowledge of the trial,” Emily Jirovec, an administrative assistant with the Fifth Administrative Judicial Region, said in an email Tuesday.

Lucio, 55, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas’ southern tip. But the Texas Court of Criminal Appeals halted her lethal injection two days before her scheduled execution so Lucio’s claims that new evidence would exonerate her could be reviewed.

Before the agreed findings approved by Nelson, prosecutors had long maintained Mariah was the victim of abuse and noted her body was covered in bruises.

Lucio’s case has garnered support from Kardashian and a bipartisan group of lawmakers, including Democratic state Rep. Joe Moody.

“Melissa Lucio has been in jail for more than a decade and a half, which is an unimaginable injustice, but one that can at least be undone,” Moody said in a post Tuesday on the social platform X.

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FILE - This undated booking photo provided by the Texas Department of Criminal Justice shows Melissa Lucio. A judge has recommended that the conviction and death sentence of 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. (Texas Department of Criminal Justice via AP, File)

FILE - Esperanza Treviño, Melissa Lucio's mother, pleas to the public as she is surrounded by family and friends on the steps of the Cameron County Courthouse Administrative entrance in Brownsville, Texas, Feb. 7, 2022, that her daughter is innocent and was wrongfully sentenced to death for the murder of Lucio's 2-year-old daughter. A judge has recommended that the conviction and death sentence of 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. (Miguel Roberts/The Brownsville Herald via AP, File)

It’s wine time. Beer Thirty. Happy hour. Five o’clock somewhere.

Maybe it's also time to rethink drinking?

Moderate drinking was once thought to have benefits for the heart, but better research methods have thrown cold water on that.

“Drinking less is a great way to be healthier,” said Dr. Timothy Naimi, who directs the Canadian Institute for Substance Use Research at the University of Victoria in British Columbia.

Guidelines vary a lot from country to country but the overall trend is toward drinking less.

The United Kingdom, France, Denmark, Holland and Australia recently reviewed new evidence and lowered their alcohol consumption recommendations. Ireland will require cancer warning labels on alcohol starting in 2026.

“The scientific consensus has shifted due to the overwhelming evidence linking alcohol to over 200 health conditions, including cancers, cardiovascular diseases and injuries,” said Carina Ferreira-Borges, regional adviser for alcohol at the World Health Organization regional office for Europe.

From Dry January to Sober October to bartenders getting creative with non-alcoholic cocktails, there's a cultural vibe that supports cutting back.

"People my age are way more accepting of it," said Tessa Weber, 28, of Austin, Texas. She stopped drinking for Dry January this year because she'd noticed alcohol was increasing her anxiety. She liked the results — better sleep, more energy — and has stuck with it.

“It’s good to reevaluate your relationship with alcohol,” Weber said.

That idea came from imperfect studies comparing groups of people by how much they drink. Usually, consumption was measured at one point in time. And none of the studies randomly assigned people to drink or not drink, so they couldn’t prove cause and effect.

People who report drinking moderately tend to have higher levels of education, higher incomes and better access to health care, Naimi said.

“It turns out that when you adjust for those things, the benefits tend to disappear,” he said.

Another problem: Most studies didn’t include younger people. Almost half of the people who die from alcohol-related causes die before the age of 50.

“If you’re studying people who survived into middle age, didn’t quit drinking because of a problem and didn’t become a heavy drinker, that’s a very select group,” Naimi said. “It creates an appearance of a benefit for moderate drinkers that is actually a statistical illusion.”

Other studies challenge the idea that alcohol has benefits. These studies compare people with a gene variant that makes it unpleasant to drink to people without the gene variant. People with the variant tend to drink very little or not at all. One of these studies found people with the gene variant have a lower risk of heart disease — another blow to the idea that alcohol protects people from heart problems.

That depends.

Drinking raises the risk of several types of cancer, including colon, liver, breast and mouth and throat. Alcohol breaks down in the body into a substance called acetaldehyde, which can damage your cells and stop them from repairing themselves. That creates the conditions for cancer to grow.

Thousands of U.S. deaths per year could be prevented if people followed the government’s dietary guidelines, which advise men to limit themselves to two drinks or fewer per day and women to one drink or fewer per day, Naimi said.

One drink is the equivalent of about one 12-ounce can of beer, a 5-ounce glass of wine or a shot of liquor.

Naimi served on an advisory committee that wanted to lower the recommendation for men to one drink per day. That advice was considered and rejected when the federal recommendations came out in 2020.

“The simple message that’s best supported by the evidence is that, if you drink, less is better when it comes to health,” Naimi said.

The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

FILE - Bottles of alcohol sit on shelves at a bar in Houston on June 23, 2020. Moderate drinking was once thought to have benefits for the heart, but better research methods starting in the 2010s have thrown cold water on that. (AP Photo/David J. Phillip, File)