GATESVILLE, Texas (KXXV) — Melissa Lucio was found guilty of capital murder in 2008 for the death of her 2-year-old daughter. The death row inmate has spent more than 16 years behind bars — more than 190 months, or over 6,000 days.
For 10 of those years, Lucio was in the Patrick L. O'Daniel Unit in Gatesville, where former inmate Jennifer Toon was serving her time.
“If there was ever someone you could describe as a woman of faith, it would be Melissa Lucio. Advocates, the legal community, and legislators understand that she was likely innocent of the charges against her and did not receive a fair trial,” Toon said.
In October, a Texas judge ruled that Lucio is "actually innocent" after signing a 62-page court document detailing how prosecutors withheld evidence and testimony. The judge concluded that those facts could have supported the claim that Lucio was not abusive and that her daughter's death was accidental, caused by a fall down the stairs.
The judge recommended that Lucio’s conviction and death sentence be overturned.
“If I can relate it to what it feels like to get out of prison after 10 years, 20 years – it feels surreal. It doesn't necessarily feel real. You don't really believe it until it happens. You're not going to believe it until the gate closes behind you,” Toon said.
While there is still a long road ahead before Lucio’s potential release, Toon is looking forward to the future.
She is already considering how society can support Lucio when she finally returns home, having survived death row, convicted on a capital murder charge, and been inside the criminal justice system since 2008.
“What do we know as formerly incarcerated women," Toon said. "It feels like, you know, when the joy and excitement settle and you settle into daily life. What are the obstacles and struggles she's going to have? It's just a matter of time before she comes home, and we want to be able to support her in whatever ways that looks like for her."
The Texas Court of Criminal Appeals is currently reviewing the case to decide whether to accept the judge’s recommendation.
In the meantime, 25 News has filed a request with the Texas Department of Criminal Justice (TDCJ) to interview Lucio. It will take a minimum of two weeks to receive a response.
