Wednesday, November 18, 2020

U.S. Federal executions: (Part 3 ): Lisa Montgomery: Resumed federal executions (thanks to Trump and Barr): Execution date: December 8, 2020: The Guardian (Reporter Ed Pilkington) reports that her clemency plea is in jeopardy as her lawyers have contracted Covid-19...Lisa Montgomery is set to be put to death on 8 December for murdering a Missouri woman in 2004 and kidnapping her unborn child. William Barr, the US attorney general, has designated her the eighth prisoner to be judicially killed since he made the controversial decision to restart federal executions in July. Montgomery’s last hope of staying alive was to petition for clemency – which in capital cases is seen as the final remedy to prevent miscarriages of justice where all other appeals have been exhausted. But her prospects of a reprieve plummeted recently when both the federal public defenders who have represented her since her conviction fell sick with Covid-19."


QUOTE OF THE DAY: "A group of 41 current and former federal and state prosecutors wrote to Donald Trump last week, to implore the president to call off the lethal injection killing. “Lisa’s experiences as a victim of horrific sexual violence, physical abuse, and being trafficked as a child do not excuse her crime,” they wrote. “In this case, mental health professionals have concluded that the sexual violence and cruelty she suffered was directly related to the crime she committed.”

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PASSAGE OF THE DAY: "Any clemency petition is likely to focus on the horrifying childhood to which Montgomery was subjected. According to court documents, she was born with brain damage related to her mother’s alcohol intake during pregnancy and went on to suffer incest, gang rape and child sex trafficking, as well as physical abuse and neglect. Montgomery’s alcoholic stepfather began abusing her when she was 11, keeping her locked up in isolation and raping her on a weekly basis. The shocking litany of abuses has left her with severe mental health issues including psychosis and hallucinations. When she learned on 16 October that Barr had ordered her execution, Montgomery became so distressed that she was placed on suicide watch. She has been under constant surveillance in solitary confinement ever since. While on federal death row at FMC Carswell she is being given anti-psychotic, anti-epileptic and anti-depressant drugs. The pending execution of a female survivor of sexual abuse and domestic violence with severe mental challenges has prompted an outpouring of revulsion around the country and the world."

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STORY: "Death row woman's clemency plea in jeopardy as lawyers contract Covid-19," by reporter Ed Pilkington, published by The Guardian on November 16, 2020.

GIST: "Lawyers acting for the first female inmate set to be executed by the US government in almost 70 years have fallen sick with coronavirus following a visit to see her in federal prison, putting her hopes for clemency in jeopardy.


Lisa Montgomery is set to be put to death on 8 December for murdering a Missouri woman in 2004 and kidnapping her unborn child. William Barr, the US attorney general, has designated her the eighth prisoner to be judicially killed since he made the controversial decision to restart federal executions in July.


Montgomery’s last hope of staying alive was to petition for clemency – which in capital cases is seen as the final remedy to prevent miscarriages of justice where all other appeals have been exhausted. But her prospects of a reprieve plummeted recently when both the federal public defenders who have represented her since her conviction fell sick with Covid-19.


Kelley Henry and Amy Harwell visited Montgomery at a federal medical center in Carswell, Texas, as part of the process of preparing her clemency appeal. The lawyers traveled to Carswell on 19 and 26 October and 2 November. They developed symptoms of the illness days later.


In a court filing, Montgomery’s defense team excoriate Barr for pressing ahead with federal executions in the middle of a public health emergency that has struck with especially fearsome force in US prisons. Henry and Harwell only fell sick, the memo states, because Barr “recklessly scheduled Mrs Montgomery’s execution in the middle of the Covid-19 pandemic”.


In addition, mental health experts familiar with Montgomery’s case are unable to assess her mental state “and therefore cannot participate in the clemency process”. The lawyers have asked for an injunction postponing the execution until a thorough clemency appeal can be prepared.


Montgomery was sentenced to death in 2007, for murdering Bobby Jo Stinnett and extracting her baby from the womb. The only woman among 55 inmates on federal death row, she would become the first female prisoner to be executed by the US government since Bonny Brown Heady in 1953.


Any clemency petition is likely to focus on the horrifying childhood to which Montgomery was subjected. According to court documents, she was born with brain damage related to her mother’s alcohol intake during pregnancy and went on to suffer incest, gang rape and child sex trafficking, as well as physical abuse and neglect.


Montgomery’s alcoholic stepfather began abusing her when she was 11, keeping her locked up in isolation and raping her on a weekly basis. The shocking litany of abuses has left her with severe mental health issues including psychosis and hallucinations.

When she learned on 16 October that Barr had ordered her execution, Montgomery became so distressed that she was placed on suicide watch. She has been under constant surveillance in solitary confinement ever since. While on federal death row at FMC Carswell she is being given anti-psychotic, anti-epileptic and anti-depressant drugs.

The pending execution of a female survivor of sexual abuse and domestic violence with severe mental challenges has prompted an outpouring of revulsion around the country and the world. A group of 41 current and former federal and state prosecutors wrote to Donald Trump last week, to implore the president to call off the lethal injection killing.

“Lisa’s experiences as a victim of horrific sexual violence, physical abuse, and being trafficked as a child do not excuse her crime,” they wrote. “In this case, mental health professionals have concluded that the sexual violence and cruelty she suffered was directly related to the crime she committed.”


A coalition of more than 800 organisations, scholars and survivors campaigning against all forms of violence against women have also written to Trump. They write: “Lisa committed her terrible crime – the seriousness of which we do not minimise – in the wake of a lifetime of victimisation and mental illness.


“We urge you to have mercy and to commute her death sentence to life without the possibility of parole.""


The entire story can be read at:

https://www.theguardian.com/world/2020/nov/16/lisa-montgomery-death-row-clemency-lawyers-contract-covid-19?utm_term=eefaa06174f0a328b6aad44cb82b9120&utm_campaign=GuardianTodayUS&utm_source=esp&utm_medium=Email&CMP=GTUS_email

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD (FOR NOW!): "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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