Lisa Montgomery execution postponed

(Associated Press)
Published: Jan. 12, 2021 at 12:41 AM CST
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TOPEKA, Kan. (WIBW) - Lisa Montgomery was set to be the first woman to be executed in 67 years early Tuesday morning, but a stay of execution was granted by a court in Indiana. They released the following statement:

“Tonight, the U.S. District Court for the Southern District of Indiana granted a stay of execution for Lisa Montgomery in order to conduct an evidentiary hearing to determine whether she is currently competent to be executed under the Eighth Amendment of the U.S. Constitution. Experts in neuropsychiatry and clinical psychology submitted affidavits to the Court stating that Mrs. Montgomery is unable to rationally understand the basis for her execution and therefore was not competent under Madison v. Alabama (2019), Panetti v. Quarterman (2007), and Ford v. Wainwright (1985).”

Kelley Henry, Lisa Montgomery’s attorney, made the following statement:

“The Court was right to put a stop to Lisa Montgomery’s execution. As the court found, Mrs. Montgomery ‘made a strong showing’ of her current incompetence to be executed. Mrs. Montgomery has brain damage and severe mental illness that was exacerbated by the lifetime of sexual torture she suffered at the hands of caretakers. The Eighth Amendment prohibits the execution of people like Mrs. Montgomery who, due to their severe mental illness or brain damage, do not understand the basis for their executions. Mrs. Montgomery is mentally deteriorating and we are seeking an opportunity to prove her incompetence.”

-- Kelley Henry, attorney for Lisa Montgomery

Lisa Montgomery killed a pregnant woman, cut the baby from her womb and then passed off the newborn as her own.

Her execution was scheduled for Tuesday at the Federal Correctional Complex in Terre Haute, Indiana, just eight days before the inauguration of Joe Biden - an opponent of the federal death penalty.

Montgomery was holding 23-year-old Bobbie Jo Stinnett’s baby in her arms when she was arrested one day after the December 2004 killing.

Montgomery’s lawyers have argued that sexual abuse during Montgomery’s childhood led to mental illness.

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