A trial court is recommending Melissa Lucio’s conviction in the death of her 2-year-old daughter be overturned, according to a Thursday news release.

Judge Arturo Nelson — who presided over the original trial — found that Lucio is “is actually innocent; she did not kill her daughter,” the news release added.

Lucio’s case was sent back to trial court in June for review by the Texas Court of Criminal Appeals after prosecutors and Lucio’s attorneys signed a 33-page agreement stating that evidence that would’ve aided her defense was suppressed in the initial trial.

The case is now before the Texas Court of Criminal Appeals, which will decide whether to accept Judge Nelson’s recommendation that Lucio’s conviction and death sentence be set aside, the news release stated.

READ MORE: Melissa Lucio case sent back to trial court

In 2008, Lucio was convicted of fatally beating her daughter, Mariah. Lucio’s defense team claimed Mariah died of a head injury sustained in an accidental fall down a steep staircase prior to her death.

Lucio's April 2022 execution was stayed by the Court of Criminal Appeals to review claims that new evidence would exonerate her.

Judge Nelson ruled that the suppression of evidence — which included witness statements and a report by Child Protective Services — violated Lucio’s constitutional rights, and required reversal of her conviction. Cameron County District Attorney Saenz agreed that Lucio is entitled to reversal because her constitutional rights were violated.

In his review, Judge Nelson wrote the following:

There is clear and convincing evidence that Mariah fell on some stairs two days before she died, just as Applicant told police.

There is clear and convincing evidence that Applicant was highly susceptible to making a false confession under the interrogation techniques used on her.

There is clear and convincing evidence that Mariah’s extensive bruising was not caused by abuse but rather a complication of her fall.

There is clear and convincing evidence that Mariah’s fatal head injury was caused by an accidental fall on stairs two days before she died.

There is clear and convincing evidence that the injuries to Mariah that Applicant could have caused based on her confession, even if true, were not clearly dangerous to human life and did not cause Mariah’s death. 

Relatives of Lucio said in a statement, "This is the best news we could get going into the holidays, we pray our mother will be home soon."

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