Judge James Hanlon of the United States District Court for the Southern District of Indiana wrote in the order granting the stay: “Ms. Montgomery’s motion to stay the execution is GRANTED to allow the Court to hold a hearing to determine Ms. Montgomery’s competence to be executed. ”
A date has not yet been set for the hearing on jurisdiction.
Montgomery, 52, was scheduled to die by lethal injection on Tuesday, Jan.12 at the federal correctional complex in Terre Haute, Indiana.
Prosecutors have filed a notice of appeal of the judge’s decision.
Montgomery was sentenced to death in 2008 by a Missouri jury for the 2004 murder of a pregnant woman, cutting off the fetus and kidnapping it. The baby survived.
“The court was right to stop the execution of Lisa Montgomery,” her lawyer, Kelley Henry, said in a statement. As the court found, Ms. Montgomery ‘made a strong demonstration’ of her current incompetence to be executed. Ms. Montgomery suffers from brain damage and serious mental illnesses which were exacerbated by the sexual torture she suffered throughout her life at the hands of the guards. ”
Montgomery also has a petition in the United States Supreme Court.