The 52-year-old strangled the expectant mom, who was eight months pregnant, lower the infant from her womb and handed off the new child as her personal.
Indiana Decide Patrick Hanlon granted the keep late on Monday, saying that Montgomery’s psychological competence wanted to be decided, in keeping with the Topeka Capital-Journal.
Montgomery confronted execution right now on the Federal Correctional Complicated in Terre Haute, Indiana – simply eight days earlier than president-elect Joe Biden, an opponent of the federal demise penalty, takes workplace.
Mr Biden has not mentioned whether or not he’ll halt federal executions after he’s inaugurated on January 20.
Montgomery’s legal professionals have argued that sexual abuse throughout Montgomery’s childhood led to psychological sickness.
Lawyer Kelley Henry spoke in favour of Monday’s resolution. She mentioned in a press release to the Capital-Journal: “Mrs Montgomery has mind harm and extreme psychological sickness that was exacerbated by the lifetime of sexual torture she suffered by the hands of caretakers”.
In a 7,000 web page clemency petition filed final week, Montgomery’s legal professionals requested US president Donald Trump to commute the convicted killer’s sentence to life in jail.
On the time of her sentencing, Montgomery’s stepfather denied sexual abuse in a videotaped testimony and mentioned he didn’t have reminiscence when confronted with a transcript of a divorce continuing through which he admitted some bodily abuse.
Her mom testified that she by no means filed a police criticism as a result of he had threatened her and her kids.
However the jurors who heard the case, some crying by the grotesque testimony, disregarded the defence in convicting her of kidnapping, leading to demise.
In December 2004, Montgomery drove round 170 miles from her farmhouse in Melvern, Kansas, to the northwest Missouri city of Skidmore beneath the guise of adopting a rat terrier pet from Ms Stinnett, a 23-year-old canine breeder.
When Ms Stinnett answered the door, Montgomery overpowered her and carried out the crude caesarean.
Montgomery tried to point out off the untimely toddler, Victoria Jo – who’s now 16 years outdated and has not spoken publicly in regards to the tragedy – however she was arrested by police on the identical day.
Prosecutors mentioned Montgomery’s motive was that her ex-husband knew she had undergone a tubal ligation that made her sterile and deliberate to disclose she was mendacity about being pregnant in an effort to get custody of two of their 4 kids.
Needing a child earlier than a fast-approaching court docket date, Montgomery turned her concentrate on Ms Stinnett, whom she had met at canine reveals.
Ms Stinnett’s husband Zeb advised jurors his world “crashed to an finish” when he discovered his spouse was lifeless.
Montgomery was initially scheduled to be put to demise on December 8. However the execution was briefly blocked after her legal professionals contracted coronavirus visiting her in jail.
The resumption of federal executions after a 17-year pause began on July 14.
Extra reporting by Related Press.