A Texas woman who came close to being executed over two years ago has been declared “actually innocent” of murdering her 2-year-old daughter, according to a judge who is recommending that her conviction and death penalty be overturned.

Melissa Lucio, aged 56, was found guilty of killing her daughter, Mariah Alvarez. Mariah passed away in February 2007, with prosecutors contending that Lucio’s severe abuse led to her death. However, Lucio has always claimed she is innocent, and her legal team contends that Mariah’s death was the result of an accidental fall down the stairs.

“The applicant is actually innocent; she did not kill her daughter,” Judge Arturo Nelson, who oversaw the initial murder trial, stated. This judge’s paperwork was dated in October but only revealed to the public recently.

The Texas Court of Criminal Appeals will review the case next, determining whether to annul Lucio’s conviction and sentence.

“This is the best news we could receive as the holidays approach,” Melissa Lucio’s son John Lucio and daughter-in-law Michelle Lucio expressed in a statement.

“We hope our mother will soon be back home,” John and Michelle Lucio said alongside Bobby Alvarez, another son of Melissa Lucio.

Judge Nelson noted that crucial evidence that could have shown Mariah’s injuries stemmed from a fall down the stairs was improperly kept from the defense by the prosecutors. This fall purportedly occurred a few days before Mariah became unresponsive and was later declared dead in the hospital.

This omitted evidence included testimonies from Lucio’s other children, who told investigators their mother was not abusive and corroborated the claim that Mariah had fallen down the stairs. Some of these children also supported the defense’s assertion that Mariah’s health declined following the stair accident.

Additionally, Judge Nelson found that the incriminating testimony from the state’s medical examiner during the murder trial—claiming there was no explanation for Mariah’s injuries except abuse—was incorrect.

“(T)his Court concludes that applicant has met the burden of proof and has presented clear, convincing evidence that she is actually innocent of capital murder…,” Judge Nelson stated. “(T)his Court determines there is clear and convincing evidence that no reasonable juror could find the applicant guilty of capital murder or any lesser offense.”

Vanessa Potkin, the director of special litigation at the Innocence Project and one of Lucio’s attorneys, remarked that Lucio “lived through every parent’s worst nightmare” with the accidental death of Mariah.

“When she was sentenced to death for a crime that never took place, it turned into a continuous nightmare for her. After spending 16 years on death row, it’s time for this nightmare to come to an end. Melissa should be enjoying her time with her children and grandchildren right now,” Potkin stated.