TERRE HAUTE, Ind. (AP) — A federal judge on Tuesday halted this week’s executions of two inmates who were diagnosed with COVID-19, the last two federal executions scheduled under President Donald Trump.
The ruling applies to Corey Johnson, who was set for execution on Thursday, and Dustin Higgs, who was scheduled to die on Friday. If the delay isn’t overturned by a higher court, it would push back the executions to at least March, and perhaps permanently because President-elect Joe Biden, an opponent of the federal death penalty, will be sworn-in next week.
The ruling doesn’t apply to U.S. government’s planned execution Tuesday of Lisa Montgomery, who would be the first female federal inmate executed in nearly seven decades. However, Montgomery’s execution also was delayed — at least temporarily — with a federal judge’s ruling that she should receive a competency examination before being put to death.
THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.
A judge has temporarily stopped the U.S. government’s plans Tuesday to carry out the first federal execution of a female inmate in nearly seven decades, finding that the Kansas woman who killed an expectant mother, cut the baby from her womb and tried to pass off the newborn as her own was likely mentally ill and couldn’t comprehend she would be put to death.
When other executions by the Trump administration were similarly stayed in days or even hours before the scheduled execution times last year, the Department of Justice succeeded in getting a higher court to reverse them. Government lawyers also quickly appealed the stay issued Monday for Lisa Montgomery.
Montgomery was convicted of killing 23-year-old Bobbie Jo Stinnett in the northwest Missouri town of Skidmore in 2004. She used a rope to strangle Stinnett, who was eight months pregnant, and then cut the baby girl from the womb with a kitchen knife. Montgomery took the child with her and attempted to pass the girl off as her own.
A federal judge in southwestern Indiana handed down the order Monday less than 24 hours before the 52-year-old Montgomery, the only female on federal death row, was set to be executed at a federal prison complex in Terre Haute, Indiana.
Any delay of Montgomery’s execution beyond Joe Biden’s inauguration next Tuesday would likely mean she will not be executed since a Biden administration is expected to oppose carrying out of federal death sentences.
One of Montgomery’s lawyers, Kelley Henry, told The Associated Press Tuesday morning that her client arrived at the Terre Haute facility late Monday night from a Texas prison and that, because there are no facilities for female inmates, she was being kept in a cell in the execution-chamber building itself.
“I don’t believe she has any rational comprehension of what’s going on at all,” Henry said.
Montgomery has done needle-point in prison, making gloves, hats and other knitted items as gifts for her lawyers and others, Henry said. She hasn’t been able to continue that hobby or read since her glasses were taken away from her out of concern she could commit suicide.
“All of her coping mechanisms were taken away from her when they locked her down” in October when she was informed she had an execution date, Henry said.
Montgomery’s legal team says she suffered “sexual torture,” including gang rapes, as a child, permanently scarring her emotionally and exacerbating mental-health issues that ran in her family.
At trial, prosecutors accused Montgomery of faking mental illness, noting that her killing of Stinnett was premeditated and included meticulous planning, including online research on how to perform a C-section.
Henry balked at that idea, citing extensive testing and brain scans that supported the diagnosis of mental illness.
“You can’t fake brain scans that show the brain damage,” she said.
Henry said the issue at the core of the legal arguments are not whether she knew the killing was wrong in 2004 but whether she fully grasps why she is slated to be executed now.
In his ruling on a stay, U.S. District Judge James Patrick Hanlon in Terre Haute cited defense experts who alleged Montgomery suffered from depression, borderline personality disorder and post-traumatic stress disorder.
Montgomery, the judge wrote, also suffered around the time of the killing from an extremely rare condition called pseudocyesis in which a woman’s false belief she is pregnant triggers hormonal and physical changes as if she was actually pregnant.
Montgomery also experiences delusions and hallucinations, believing God spoke with her through connect-the-dot puzzles, the judge said, citing defense experts.
“The record before the Court contains ample evidence that Ms. Montgomery’s current mental state is so divorced from reality that she cannot rationally understand the government’s rationale for her execution,” the judge’ said.
The government has acknowledged Montgomery’s mental issues but disputes that she can’t comprehend that she is scheduled for execution for killing another person because of them.
Details of the crime at times left jurors in tears during her trial.
Prosecutors told the jury Montgomery drove about 170 miles (274 kilometers) from her Melvern, Kansas, farmhouse to the northwest Missouri town of Skidmore under the guise of adopting a rat terrier puppy from Stinnett. She strangled Stinnett performing a crude cesarean and fleeing with the baby.
Prosecutors said Stinnett regained consciousness and tried to defend herself as Montgomery used a kitchen knife to cut the baby girl from her womb. Later that day, Montgomery called her husband to pick her up in the parking lot of a Long John Silver’s in Topeka, Kansas, telling him she had delivered the baby earlier in the day at a nearby birthing center.
Montgomery was arrested the next day after showing off the premature infant, Victoria Jo, who is now 16 years old and hasn’t spoken publicly about the tragedy.
Prosecutors said the motive was that Montgomery’s ex-husband knew she had undergone a tubal ligation that made her sterile and planned to reveal she was lying about being pregnant in an effort to get custody of two of their four children. Needing a baby before a fast-approaching court date, Montgomery turned her focus on Stinnett, whom she had met at dog shows.
The U.S. has executed 10 people at Terre Haute since the resumption of federal executions after a 17-year pause started on July 14. Anti-death penalty groups said President Donald Trump was pushing for executions prior to the November election in a cynical bid to burnish a reputation as a law-and-order leader.
The last woman executed by the federal government was Bonnie Brown Heady on Dec. 18, 1953, for the kidnapping and murder of a 6-year-old boy in Missouri.
The last woman executed by a state was Kelly Gissendaner, 47, on Sept. 30, 2015, in Georgia. She was convicted of murder in the 1997 slaying of her husband after she conspired with her lover, who stabbed Douglas Gissendaner to death.
Hollingsworth reported from Kansas.