Experts: Melissa Lucio faces tough fight to get new trial

by a Texas appeals court, her attorneys will now be focused on trying to convince a judge to recommend she get a new trial.

Lucio had been set for lethal injection on Wednesday for the 2007 death of her daughter Mariah in the South Texas city of Harlingen. But the Texas Court of Criminal Appeals. If ultimately put to death, Lucio would be the first Latina executed by Texas since 1863, and the first woman the state has put to death since 2014.

Tivon Schardl, one of Lucio’s attorneys, said that before there’s a hearing to consider new evidence in the case, rulings will have to be made on two defense motions to recuse Garcia and Cameron County District Attorney Luis Saenz over allegations of conflict of interest and due process violations. Lucio’s attorney at her 2008 trial is now a prosecutor in Saenz’s office. Garcia’s court administrator is the wife of Lucio’s trial attorney, and also served as his paralegal.

Saenz said Monday he welcomed the opportunity to have a courtroom review of the case. He has previously expressed doubts about claims by Lucio’s defense attorneys that new evidence will exonerate her. Stanley Schneider, a Houston defense attorney not connected to the case and who has defended death row inmates, said the appeals court ordered review shows that “there are real questions that challenge the validity of the conviction.”

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