This article contains references to child sexual abuse.
A federal judge in Indiana late on Monday local time blocked the execution of Lisa Montgomery, a convicted murderer and the only woman on federal death row in the United States, on mental health grounds, based on evidence that she was unable to understand the government’s rationale for her execution.
The decision was later upheld by the US Court of Appeals for the District of Columbia circuit, pushing any new execution date into Joe Biden’s administration unless the Supreme Court intervenes.
Montgomery, who was due to be killed by lethal injection on 12 January, was convicted in 2007 in Missouri for kidnapping and strangling Bobbie Jo Stinnett, then eight months pregnant. Montgomery then cut Ms Stinnett’s fetus from the womb.
The child survived.
US judge James Patrick Hanlon on Monday granted a stay of execution to allow the court to conduct a hearing to determine whether she is competent to be executed, according to a court filing made in the US district court of Southern District of Indiana.
Montgomery’s lawyer, Kelley Henry, welcomed the judge’s ruling and said the court was right to put a stop to her execution.
“Mrs Montgomery is mentally deteriorating and we are seeking an opportunity to prove her incompetence,” Ms Henry said in a statement.
Montgomery’s lawyers have asked for US President Donald Trump’s clemency, saying she committed her crime after a lifetime of being abused and raped. In a nearly 7,000-page clemency petition filed last week, they asked Mr Trump to commute Montgomery’s sentence to life in prison.
The lawyers have said Montgomery admits her guilt but deserves clemency because she has long suffered severe mental illness, exacerbated by being gang raped by her stepfather and his friends during an abusive childhood.
Readers seeking support can contact Lifeline crisis support on 13 11 14, Suicide Call Back Service on 1300 659 467 and Kids Helpline on 1800 55 1800 (for young people aged 5 to 25). More information is available at Beyond Blue.org.au and lifeline.org.au.
Anyone seeking information or support relating to sexual abuse can contact Bravehearts on 1800 272 831 or Blue Knot on 1300 657 380.
