Jan. 12 (UPI) — The scheduled execution of the one girl on federal dying row hinges on the end result of a number of instances earlier than the Supreme Court docket late Tuesday.
Lisa Montgomery, 52, was scheduled to be executed by deadly injection Tuesday on the U.S. Penitentiary in Terre Haute, Ind., for the 2004 killing of a pregnant girl.
However because the hours tick by, the nation’s highest court docket is contemplating appeals in a number of instances — together with two during which Montgomery acquired stays of execution from decrease courts.
Earlier within the day, the U.S. Circuit Court docket of Appeals for the District of Columbia issued a keep in a case during which her attorneys mentioned the Justice Division violated the Federal Dying Penalty Act by rescheduling her execution after she acquired a keep in November.
She was initially set for execution on Dec. 8, however two of Montgomery’s attorneys who’d filed for clemency had been recognized with COVID-19, which delayed the execution.
In one other ruling by the seventh U.S. Circuit Court docket of Appeals on Tuesday, a three-judge panel vacated a decrease court docket’s keep issued Monday. In that case, her attorneys argued Montgomery wasn’t competent to be put to dying beneath the Structure.
“Mrs. Montgomery has mind harm and extreme psychological sickness that was exacerbated by the lifetime of sexual torture she suffered by the hands of caretakers,” her lawyer, Kelley Henry, mentioned in an emailed assertion to UPI final week. “Mrs. Montgomery is mentally deteriorating and we’re searching for a possibility to show her incompetence.”
Montgomery was sentenced to dying in 2007 for the 2004 dying of Bobbie Jo Stinnett. Prosecutors mentioned Montgomery visited Stinnett’s house beneath the guise of buying a pet. As soon as there, although, she strangled the lady, who was eight months pregnant, then lower the newborn from her physique. Montgomery tried to go the new child off as her personal.
Police later recovered the newborn and returned her secure to her father.
Montgomery’s supporters mentioned she ought to be spared the dying penalty as a result of she has extreme psychological sickness after experiencing bodily, emotional and sexual abuse as a toddler. They mentioned her mom trafficked her as a youngster.
If executed, Montgomery could be the primary particular person put dying within the nation this 12 months. She’s one in all three executions scheduled for this week, together with Corey Johnson on Thursday and Dustin Higgs on Friday.
On Tuesday, a federal choose in Washington, D.C., blocked Johnson and Higgs’ executions as they’re each recovering from COVID-19.