Death row inmate Melissa Lucio ‘innocent’ in daughter’s death, judge finds
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(GATESVILLE, Tx.) — The family of Melissa Lucio, a death row inmate whose execution was delayed in 2022, expressed hope that the Texas woman would be freed after a judge concluded last month that Lucio is “actually innocent” after she was convicted of capital murder in 2008 for the death of her 2-year-old daughter.
“This is the best news we could get going into the holidays,” said her son, John Lucio, and daughter-in-law Michelle Lucio in a statement released by the Innocence Project.
“We pray our mother will be home soon,” the Lucios added, joined by Lucio’s son, Bobby Alvarez.
In a 62-page ruling that was signed on Oct. 16, 2024, and reviewed by ABC News, Senior State District Judge Arturo Nelson recommended that Lucio’s conviction and death sentence be overturned in the 2007 death of her daughter Mariah.
The judge found that prosecutors suppressed evidence and testimony – including statements from Lucio’s other children – that could support the argument that Lucio was not abusive and that her daughter’s death was accidental after a fall down the stairs.
“This Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote in the ruling.
“(T)his Court concludes there is clear and convincing evidence that no rational juror could convict Applicant of capital murder or any lesser included offense,” Nelson added.
The judge’s recommendation was sent to the Texas Court of Criminal Appeals for review. ABC News reached out to the court for updates in the case.
“Melissa Lucio lived every parent’s nightmare when she lost her daughter after a tragic accident,” Vanessa Potkin, director of special litigation at the Innocence Project, and one of Lucio’s attorneys, said in a statement on Thursday.
“It became a nightmare from which she couldn’t wake up when she was sent to death row for a crime that never happened. After 16 years on death row, it’s time for the nightmare to end. Melissa should be home right now with her children and grandchildren.”
Lucio has maintained her innocence over the years.
ABC News reached out to the Cameron County District Attorney’s Office, which prosecuted this case, but a request for comment was not immediately returned.
Lucio’s story gained national attention through filmmaker Sabrina Van Tassel’s 2020 Netflix documentary, “Melissa vs. the State of Texas,” a documentary that follows Lucio’s journey on death row as she filed her last appeal.
A bipartisan group of lawmakers backed the calls to free the Texas woman and her case was further bolstered by celebrities who called for her freedom, like Kim Kardashian and Helen Prejean, the Catholic nun who wrote the book “Dead Man Walking.”
Abraham Bonowitz, coordinator of the #FreeMelissaLucio Campaign and executive director of Death Penalty Action, told ABC News in a statement on Thursday that Lucio credits the film with bringing attention to her case.
“Melissa Lucio was once two days from execution. It took a film viewed by millions and a massive public relations campaign just to halt her execution and get the courts to order a fresh look at the evidence,” Bonowitz said.
“If it were not for the film that was created, there would never have been enough pressure to stop the execution, which should concern us all — that if you don’t have a film and you don’t have a big campaign, then you can’t be heard,” Bonowitz added in a phone interview on Monday with ABC News.
Amid growing calls for the court to review her case in 2022, Lucio was granted a stay of her scheduled April 27, 2022, execution by the Texas Court of Criminal Appeals on April 25, 2022 – after nearly 15 years on death row.
“I thank God for my life,” Lucio said in an April 2022 statement reacting to the stay. “I am grateful the Court has given me the chance to live and prove my innocence. Mariah is in my heart today and always. I am grateful to have more days to be a mother to my children and a grandmother to my grandchildren.”
(NEW YORK) — Steve Witkoff — a friend of, and donor to, former President Donald Trump — told ABC News’ Good Morning America on Tuesday that Secret Service agents protecting the Republican presidential nominee during Sunday’s apparent assassination attempt did “exactly what they’re supposed to do.”
Witkoff was with the former president at the Trump International Golf Club in West Palm Beach, Florida, when Secret Service agents fired several shots at would-be gunman Ryan Wesley Routh, who was allegedly concealed in a tree line 300 to 500 yards from the Republican presidential nominee.
“We were having a great day,” Witkoff said of the incident, during which Secret Service agents rushed Trump to a safe location.
He added that, after hearing the first shot, “I saw the Secret Service do exactly what they’re supposed to do, which was get right on top of the president.” There were “a whole bunch” of agents on top of Trump, Witkoff said.
“They did that job in an exemplary way,” he said. “I was almost mesmerized by everything that was happening.”
“In quick succession, there were four shots and then the Secret Service was whisking him out of there, getting him back to the club house, as he’s the first priority — he’s the protectee,” Witkoff said. “They were engaging in that corner on the sixth hole where evidently … this would-be assassin had put himself, had created a sort of lair there.”
Trump, he said, was “looking over” and “gesturing” to the area at which the Secret Service agents fired. As he was rushed away, the former president appeared “very concerned” about the friends and staffers with him on the course, Witkoff said.
“That’s all he was concerned about,” Witkoff said.
Routh, 58, lay in wait for Trump for nearly 12 hours, authorities said. Secret Service Acting Director Ron Rowe Jr. said the suspect did not fire any shots or have a line of sight on the former president at any time.
Secret Service agents spotted Routh’s gun barrel poking out from the tree line near the sixth green, authorities said. After they fired at the suspect, Routh fled leaving behind a digital camera, two bags including a backpack, and a loaded SKS-style 7.62×39 caliber rifle with a scope.
Routh was detained attempting to leave the area in a vehicle, a witness having reported his license plate number to police. He appeared in court on Monday and currently faces two felony gun charges.
Trump said during an online conversation on the platform X — formerly known as Twitter — that he “was with an agent and the agent did a fantastic job.” The former president posted to the Truth Social platform soon after the incident on Sunday: “I would like to thank everyone for your concern and well wishes – It was certainly an interesting day!”
(NEW YORK) — The attorney for two Black men whose racially motivated torture led to the conviction of six white former Mississippi law enforcement officers called for justice amid a new U.S. Department of Justice announced civil rights probe into the Rankin County Sheriff’s Department (RCSD), where five of the former sheriff’s deputies worked.
Malik Shabazz, the lead attorney representing Michael Jenkins and Eddie Parker, said during a video press conference Monday from his office in Greenbelt, Maryland, that the two men and their legal team “welcome this federal investigation into Rankin County and into Sheriff Bryan Bailey. It is long overdue.”
The investigation into the Rankin County Sheriff’s Department “will seek to determine whether RCSD engages in patterns or practices that violate the Constitution and federal law,” according to the DOJ announcement.
The probe is separate from the initial investigation launched by the DOJ last year into the Jan. 24, 2023 torture of Jenkins and Parker, which led to the conviction of five former sheriff’s deputies, as well as a former Richland, Mississippi police officer who was also involved in the incident, on both federal and state charges. The sheriff’s deputies were part of a self-described “Goon Squad” of “officers who were known for using excessive force and not reporting it,” according to the DOJ.
“Those officers have since been convicted and sentenced, but we are launching this civil pattern or practice investigation to examine serious allegations that the Rankin County Sheriff’s Department systematically violates people’s constitutional rights through excessive use of force; unlawful stops, searches, and arrests; and discriminatory policing,” U.S. Attorney General Merrick Garland said in the statement announcing the probe.
Garland added that the allegations against the Rankin County Sheriff’s office include overusing tasers, entering homes unlawfully, using racial slurs, and utilizing “cruel tactics to assault people in their custody.”
In response to a request for comment, an attorney representing Sheriff Bryan Bailey and the RCSD referred ABC News to a statement posted on the RCSD’s Facebook page in response to the DOJ probe announcement.
“We have increased our agency’s transparency by placing our policies and procedures, in addition to our compliments and complaints portal on the Sheriff’s Department website,” the statement says. “We will continue this transparency and will fully cooperate with all aspects of this investigation, while also welcoming DOJ’s input into our updated policies and practices.”
Attorneys Shabazz and Trent Walker, who represent Parker and Jenkins, told ABC News in a joint statement that the DOJ probe into the RCSD is “a first, critical step in cleaning up the Sheriff’s Department and holding Rankin County legally accountable for the years of constitutional violations against its citizenry.”
“The torture and abuse of so many took place because, despite innumerable warnings, Rankin County and Sheriff Bailey belligerently refused to properly monitor and supervise this rogue and violent department,” Shabazz and Walker claimed in the statement.
U.S. Attorney Todd W. Gee for the Southern District of Mississippi said in a statement responding to the DOJ probe announcement that the information the DOJ has gathered regarding the behavior of some members of the RCSD “calls back to some of the worst periods of Mississippi’s history.”
“We do not have to accept the old hatreds and abuse of the past,” Gee said. “And we do not have to accept the false claim that safety comes at the price of illegal force and abuse of power.”
The Mississippi NAACP said in a statement posted to Facebook that the DOJ probe into the sheriff’s office “marks a significant step in addressing concerns raised by the community and advocates regarding potential misconduct within the department,” and that the NAACP “looks forward to Rankin County being held accountable for alleged acts against its population.”
The DOJ civil rights probe comes nearly six months after the federal sentencing in March of former RCSO deputies Hunter Elward, Jeffrey Middleton, Christian Dedmon, Brett McAlpin and Daniel Opdyke, along with Joshua Hartfield, a former Richland, Mississippi police officer, to between 10 and 40 years in prison. The six men also pleaded guilty to state charges stemming from the incident and were sentenced in April to between 10 and 20 years in prison.
All six pleaded guilty to 16 felony charges related to the racially motivated torture and sexual assault of Jenkins and Parker, along with a third Rankin County man, in two unrelated incidents, according to a statement released by U.S. Department of Justice on Aug. 3, 2023. They also pleaded guilty to a subsequent plan to cover up their crimes.
News of the Jan. 24, 2023 incident and the subsequent convictions sparked a firestorm in Mississippi, including calls for Bailey’s resignation from numerous parties, including the Rankin County branch of the NAACP, which launched a petition calling for the sheriff to step down.
Following the sentencing of the former sheriff’s deputies in March, Bailey said in a statement obtained by ABC affiliate WAPT-TV in Jackson, Mississippi that “the safety and security of everyone in Rankin County is a primary concern for this department” and that his office cooperated with the initial DOJ probe into the torture of Jenkins and Parker.
“As the duly elected and acting Sheriff of Rankin County, I will remain committed to the betterment of this county and this sheriff’s department moving forward,” Bailey added.
Jenkins and Parker filed a $400 million federal lawsuit in July 2023 against the former law enforcement officers involved in this case. The lawsuit also names Sheriff Bailey, claiming he “failed to properly train, supervise, control, direct, monitor, and discipline Rankin County Sheriff’s Deputies.”
The former sheriff’s deputies and Bailey denied wrongdoing in an Oct. 2023 filing in response to the suit.
In July, Bailey asked U.S. District Judge Daniel P. Jordan III to dismiss him from the lawsuit, claiming he had “qualified immunity” — a doctrine that protects government officials, including law enforcement officers, from personal liability for alleged constitutional violations. But in a July 24 ruling, the judge denied Bailey’s request.
An ABC News graphic shows the latest weather conditions and warnings in the wake of Helene, on Monday, Sept. 30, 2024. — ABC News
(NEW YORK) — The storm surge, wind damage and inland flooding from Hurricane Helene have been catastrophic, flooding neighborhoods, stranding residents, destroying homes and toppling trees in Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee.
Dozens have been killed.
Helene, which made landfall in Florida’s Big Bend region Thursday night as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record.
Here’s how the news is developing:
Storm ‘unprecedented’ for western North Carolina
Helene is “an unprecedented storm” for western North Carolina, requiring an “unprecedented response,” North Carolina Gov. Roy Cooper said Monday.
“We’re dealing with a situation that is unlike anybody’s ever seen in western North Carolina,” he said.
The damage is “extensive and devastating” and is “going to require significant resources, both in the short-term and the long-term,” the governor said.
Ninety-two rescue teams are out conducting search and rescues right now, Cooper said.
More than 300 roads are closed and some bridges have been destroyed, officials said.
Over 7,000 North Carolina residents have registered for FEMA individual assistance and that money is already flowing in, according to Will Ray, director of North Carolina Emergency Management.
FEMA Administrator Deanne Criswell promised that the agency will “be here as long as it takes to finish this response and continue through the recovery.”
“We have the resources here in North Carolina to help,” Criswell said. “We will continue to send additional resources in.”
Full extent of damage still unclear: Homeland security adviser
Homeland security adviser Liz Sherwood Randall said the full extent of the damage from the hurricane is still unclear.
“It probably will take several more days, as communities begin to be opened up by the debris clearance on the roads, and we can get in, and really understand what’s happened to them,” she said.
Sherwood-Randall said about 600 people are unaccounted for.
“We’re very hopeful that some of those people just don’t have cellphones working and actually are alive,” she said.
Sherwood-Randall said 3,500 federal response personnel have been deployed to the region and additional personnel is expected to arrive in the coming days.
With communication remaining a major challenge, Sherwood-Randall said, “Today, FEMA will install 30 Starlink receivers in western North Carolina to provide immediate connectivity for those in greatest need.”
She also highlighted that in states that have received major disaster declarations, FEMA is working to distribute serious needs assistance, which gives “an immediate $750 direct payment to eligible households, to allow them to pay for essential items like food, baby formula, water, medications and other emergency supplies.”
-ABC News’ Molly Nagle
Sen. Rick Scott calls for Senate to reconvene to pass emergency aid
Sen. Rick Scott, R-Fla., is calling upon the Senate to reconvene to approve an emergency aid package for victims of Hurricane Helene.
“While I know from my experience with previous hurricanes that FEMA and [Small Business Administration] damage assessments take time, I am today urging Majority Leader Chuck Schumer to immediately reconvene the U.S. Senate when those assessments are completed so that we can pass the clean supplemental disaster funding bill and other disaster relief legislation, like my Federal Disaster Tax Relief Act, needed to ensure the full recovery of families in all impacted communities,” Scott said in a statement Monday.
Any additional funding, beyond the funding approved by President Joe Biden and able to be drawn down from FEMA, would need to be approved by both chambers of Congress.
The Senate let out on Wednesday after approving a stopgap funding bill to keep the government funded through Dec. 20. The Senate is not scheduled to return until Nov. 12. The House is also out of session and would need to return to approve any aid.
-ABC News’ Allison Pecorin
How to help
Click here for a list of charities and organizations that are supporting relief efforts, including the Red Cross and Americares.
Trump visits hard-hit Valdosta, Georgia
Former President Donald Trump visited hard-hit Valdosta in southern Georgia on Monday to distribute supplies and “stand in complete solidarity with … all of those suffering in the terrible aftermath of Hurricane Helene.”
“Valdosta has been ravaged,” Trump said. “The town is, very, very badly hurting, and many thousands are without power. They’re running low on food and fuel. We brought a lot of it down with us.”
“We’ll continue to help until you’re bigger, better, stronger than ever before,” Trump said.
The former president held a “moment of silence and prayer” for those killed in the storm.
Twenty-five people in Georgia have died in the storm, Gov. Brian Kemp said.
Trump said he’ll also visit North Carolina as the state works to recover from Helene.
Biden plans to visit storm zone Wednesday or Thursday
President Joe Biden said Monday that Helene is “not just a catastrophic storm — it’s a historic, history-making storm.”
Biden said he will travel to the impact zone as soon as possible, ideally Wednesday or Thursday. He said he’s been told it’d be disruptive to visit immediately, and he does not want to interfere with these areas accessing the relief they desperately need.
“Communities are devastated. Loved ones waiting, not sure if their loved ones are OK, and they can’t contact them because there’s no cellphone connections. Many more folks displaced have no idea when they’ll be able to be return to their home, if ever, if there’s a home to return to,” he said.
“There’s nothing like wondering, ‘Is my husband, wife, son, daughter, mother, father, alive?’ And many more who remain without electricity, water, food and communications,” he said.
Biden said he’s directed his team “to provide every available resource as fast as possible.”
Biden vowed, “We’re not leaving until the job is done.”
Helene ‘spared no one’ in Georgia, governor says
Hurricane Helene “literally spared no one” in Georgia, Gov. Brian Kemp said Monday.
Twenty-five people in Georgia have died in the storm, Kemp said. The victims include: a 27-year-old mother and her 1-month-old twin boys, who died when a tree fell on their home; Leon Davis, an assistant fire chief from Blackshear, who died when a tree fell on his car while he was responding to a call; and a 7-year-old boy and a 4-year-old girl who died when a tree fell on their burning house, he said.
More than 500,000 customers in Georgia remain without power after Helene damaged over 5,000 poles, the governor said. Kemp said Georgia Power officials are calling Helene the most devastating storm they’ve faced.
Former President Donald Trump is scheduled to visit hard-hit Valdosta, Georgia, on Monday.
35 dead, hundreds unaccounted for in hard-hit Buncombe County, North Carolina
Thirty-five people are dead and 600 people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.
County officials said people will go door-to-door to check on those who have been reported missing.
Shelters are at capacity, officials said.
The city of Asheville has partnered with Verizon to establish a temporary cellphone tower, officials said.
-ABC News’ Alex Faul and Jessica Gorman
600 people still unaccounted for in hard-hit Buncombe County, North Carolina
Six-hundred people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.
County officials said people will go door-to-door to check on those who have been reported missing.
Thirty people in Buncombe County have been confirmed dead from the hurricane, the sheriff said Sunday.
Buncombe County remains under a state of emergency.
-ABC News’ Jessica Gorman
Helene remnants move into mid-Atlantic
After dumping more than 30 inches of rain on North Carolina and producing the biggest local flood in recorded history, the remnants of Helene are forecast to move on Monday into the mid-Atlantic.
As southeastern United States worked to clean up from Helene, some of its remnants are moving into Mid-Atlantic today with heavy rain forecast for West Virginia, Virginia and Maryland.
There is an elevated flood threat on Monday in Virginia and West Virginia, where the already saturated ground could get additional 1 to 2 inches of rain, which could produce flash flooding.
-ABC News’ Max Golembo
Harris planning visit to communities impacted by Helene
Vice President Kamala Harris intends to communities impacted by Hurricane Helene “as soon as it is possible without disrupting emergency response operations,” according to a White House official.
Harris, who was briefed by FEMA on the federal response to the hurricane, reached out to Florida Gov. Ron DeSantis and Georgia Gov. Brian Kemp.
At a rally in Las Vegas on Sunday, Harris addressed those who were impacted by the hurricane by sending her “thoughts and prayers” and thanking first responders.
“I know that everyone here sends their thoughts and prayers for folks who have been so devastated in Florida, in Georgia, the Carolinas and other impacted states. And we know that so many have been impacted. Some have died, but I want to thank everyone for doing everything you can to think about them,” Harris said. “Send them your thoughts and your prayers. I want to thank the first responders who have done so much. I stand with these communities for as long as it takes to make sure that they are able to recover and rebuild.”
-ABC News’ Gabriella Abdul-Hakim, Fritz Farrow and Will McDuffie
Gov. DeSantis says power restored to all but 111K in Florida
Florida Gov. Ron DeSantis shared a major update on power restoration progress in the state on Sunday.
DeSantis said a post on X that most customers who lost power after Hurricane Helene made landfall in Florida’s Big Bend area last week, have had their electricity restored.
The governor said power was back for 2.3 million customers, and 99% of the state has power.
He added that power remains out for 111,000 customers.
Biden intends to visit hurricane zone this week
President Joe Biden spent his Sunday evening receiving briefings on the damage from Hurricane Helene, and speaking to local officials from the impacted areas.
In a statement, the White House said Biden intends to travel to the impacted areas this week, “as soon as it will not disrupt emergency operations.”
Additionally, Biden spoke by phone Sunday with Georgia Gov. Brian Kemp, North Carolina Gov. Roy Cooper, Valdosta, Georgia, Mayor Scott Matheson and Taylor County, Florida, emergency management director John Louk, according to the White House.
The president also reached out to additional officials across North Carolina, Tennessee, Florida and South Carolina.
“In each conversation, the President received updates on response and recovery efforts, and he shared how the Biden-Administration will continue providing support to impacted communities – for as long as it takes,” the White House said in the statement.
-ABC News’ Sarah Kolinovsky
Trump to visit Valdosta, Georgia
Former President Donald Trump is scheduled to visit Valdosta, Georgia, on Monday to receive a briefing on the damage caused by Hurricane Helene, help distribute supplies and deliver remarks, his campaign said.
President Joe Biden said Sunday that the photographs showing Hurricane Helene’s damage are “stunning.”
When asked by reporters about his message to the victims, Biden said, “It’s tragic.”
“My FEMA advisor is on the ground in Florida right now. … We’re working hard,” Biden said.
Asked by ABC News if there are more resources the federal government could be providing, Biden responded, “No, we’ve given them. We have pre-planned a significant amount, even though they didn’t ask for it yet — hadn’t asked for it yet.”
-ABC News’ Michelle Stoddart
25 dead in South Carolina
Hurricane Helene’s impact on South Carolina has been “devastating,” and the storm has claimed the lives of 25 people in the state, Gov. Henry McMaster said Sunday.
“We don’t want to lose any more,” McMaster said.
Nearly 1.3 million customers lost power in South Carolina at Helene’s peak. As of Sunday afternoon, more than 800,000 customers remain in the dark.
The governor emphasized that power companies are working around the clock to restore electricity. Thousands of workers are on the ground, but downed trees tangled in power lines are delaying efforts, he said.
-ABC News’ Jason Volack
FEMA sending more search and rescue teams to North Carolina
FEMA Director Deanne Criswell said the agency is sending more search and rescue teams to western North Carolina, where residents are facing “historic” flooding from Hurricane Helene.
“I don’t know that anybody could be fully prepared for the amount of flooding and landslides that they are experiencing right now. But we have had teams in there for several days. We’re sending more search and rescue teams in there,” Criswell told CBS’ Face the Nation.
Gov. Roy Cooper described Hurricane Helene’s damage in western North Carolina as “catastrophic.”
“This unprecedented storm dropped from 10 to 29 inches of rain across the mountains, leading to life-threatening floods and landslides,” he said Sunday.
Water systems have been impacted and some roads have washed away, hampering the ability for officials to set up food and water distribution sites.
“We have sent bottled water in, but we also have the Army Corps of Engineers that’s getting ready to start assessments today to see what we can do to help get those water systems back online quickly,” Criswell said.
“We’re also moving in satellite communications, Starlink satellites, into the area to help facilitate the lack of communication that part of the state is experiencing,” Criswell added.
