HARLINGEN, Texas (ValleyCentral) — The fifth court of appeals has decided to not recall the mandate that kept Melissa Lucio’s execution, set for April 27, stating only the “Governor can halt the execution.”

Judge Higginbotham from the Fifth Court of Appeals spoke of Lucio’s case as a “systematic failure,” producing a train of injustice that only the Governor can stop.

The judge then spoke of the overshadowing factor of Lucio’s case, the prosecuting District Attorney during her trial.

The Cameron County District Attorney, Armando R. Villalobos is currently serving a federal conviction for selling his office over a time period in which this indictment was returned.

The decision from the court was ruled as the following statement.

IT IS ORDERED that Appellant’s opposed motion to recall mandate is DENIED.

stated the Court Document

Melissa Lucio, 53, was arrested in 2007 and convicted of capital murder in 2008 after being found guilty of beating her two-year-old daughter to death.

Lucio is currently scheduled for execution with lethal injection on April 27, 2022.