Judge James Hanlon of the US District Court for the Southern District of Indiana wrote in the injunction on the moratorium: “Ms. Montgomery’s motion to stay the execution is being granted so the court can hold a hearing to determine the jurisdiction of Ms. Montgomery to determine for enforcement. “
No date has been set for the relevant hearing.
Montgomery, 52, was due to die by lethal injection on Tuesday, January 12, at the Federal Correctional Complex in Terre Haute, Indiana.
The plaintiffs appealed the judge’s decision.
Montgomery lawyers, family members and supporters have appealed to President Donald Trump to read her pardon and make an executive decision to reduce the term to life without parole.
A Missouri jury sentenced Montgomery to death in 2008 for murdering a pregnant woman and cutting and abducting the fetus in 2004. The child survived.
“The court rightly stopped the execution of Lisa Montgomery”
; said her lawyer Kelly Henry in a statement. The court found Ms. Montgomery made a “strong demonstration” of her current inadmissibility for execution. Ms. Montgomery suffered from brain damage and severe mental illness, compounded by the sexual torture she had endured throughout her life by her caregivers. ”
“The eighth amendment prohibits the execution of people like Ms. Montgomery who, because of their serious mental illness or brain damage, do not understand the basis of their execution. Ms. Montgomery is mentally impaired and we are looking for a way to prove her incompetence, ”added Henry.
Montgomery also has a petition in the US Supreme Court.