San Antonio Express-News (Sunday)

Execution stay shows officials can cooperate

- NANCY M. PREYOR-JOHNSON COMMENTARY Nancy.Preyor-Johnson @express-news.net BRANDON LINGLE

Politics often brings out the worst in people, especially here in Texas. But bipartisan efforts in Melissa Lucio’s death row case show elected officials from both major parties can work together for what’s right. This time, it could possibly save a life.

Our state’s systems failed Lucio, but on Monday, the Texas Court of Criminal Appeals, which is the highest criminal court in Texas, granted a stay of execution for Lucio. This was two days before her scheduled execution.

Lucio’s attorneys, family members and activists were instrument­al in this interventi­on, but it also couldn’t have happened without the efforts of bipartisan lawmakers.

Lucio is a 53-year-old Harlingen mother of 14 whose Innocence Project attorneys have raised compelling questions about her prosecutio­n and conviction for the 2007 death of her 2-year-old daughter, Mariah. Concerns include a confession that was likely coerced, a possibly false autopsy report, regretful jury members, an ineffectiv­e defense and a district attorney who was later sentenced to prison. Five of Lucio’s 12 jurors have asked the Texas Board of Pardons and Paroles and Gov. Greg Abbott to stop her execution.

The 1 minute, 28 second audio recording, released by the Texas Tribune, of state

Rep. Jeff Leach, R-Plano, sharing the news with Lucio on Monday is unlike anything I have ever heard. The raw emotion brought tears to my eyes. The sounds of laughter and tears of relief and joy were intense.

Lucio: “Oh, my God! That is wonderful! Oh, my God! What does that mean?”

Leach: “Well, well, it means you are going to wake up on Thursday morning …”

Lucio: “Oh, my goodness! Oh, thank you, God!”

Leach: “You’re not making the trip to Huntsville on Wednesday. And the order was very strong in that it appears that you are going to get a new trial at the very least.”

Lucio: “Oh, my goodness! That is so wonderful! Thank you so much!”

By the time I watched the video of the moment at the Gatesville Holiday Inn when her family and documentar­y maker Sabrina Van Tassel, director of “The State of Texas vs. Melissa,” and activists learned the news, I was ugly crying.

“It was one of the most extraordin­ary experience­s in my life,” Van Tassel later told me. “One that I will remember forever.”

As I took in those moments, I couldn’t help but think of one of Lucio’s statements, which she made before the execution was stayed: “I am at peace. Either way I will get my freedom soon. I will go home to my family or go to heaven. If I get a new trial, I am ready for the fight. I am not the same person I was in that interrogat­ion room. I would stand up for my rights today. I want other survivors of domestic violence and assault to stand up for their rights, too.”

I first saw Leach share his support for Lucio during a bipartisan news conference he led with Joe Moody, D-El Paso, as part of their efforts on the interim Criminal Justice Reform Committee.

That he and other Texas politician­s sat in prison with Lucio on April 6 and prayed with her said a lot. That they continued to hold hearings and use their political power to try to help her speaks volumes.

Leach recently said he and most of the Texas Legislatur­e advocated for Lucio to get a new trial because it was their obligation.

“Grateful to my #txlege colleagues — Republican­s and Democrats, Representa­tive and Senators — who had the courage of their conviction­s and who spoke out and stood up,” he tweeted Tuesday.

We need more of this from Texas politician­s. Less partisan infighting. More humanity — and a shared sense of urgency to do the right thing.

COMMENTARY

Brandon Lingle has the day off.

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