Skip to main content

USA | Covid-19 Complicates Trump Administration’s January Executions

The Covid-19 pandemic has complicated the Trump administration’s plan to carry out three more executions before Inauguration Day.

A federal judge last week vacated Lisa Montgomery’s Jan. 12 scheduled execution date because the judge had a stay pending when the Justice Department set it. The judge put the stay in place after Montgomery’s lawyers contracted Covid-19 and asked for more time to work on her clemency efforts.

Meanwhile, two other federal inmates scheduled for execution the same week have cited their Covid-19 diagnoses in challenges to their executions.

“It would be a remarkable turn of events if getting infected with the virus literally kept these defendants alive,” said William Jay, co-chair of Goodwin’s appellate litigation practice who worked on capital cases at the Justice Department.

So far, the Justice Department, which has carried out 10 executions since July, including three since Election Day, has signaled no plans to change course.

Dustin Higgs and Corey Johnson, two federal inmates scheduled for execution who contracted Covid-19, were “medically cleared from isolation status” Dec. 27, according to a status report jointly filed Monday by DOJ and the inmates. Both men are still experiencing symptoms, the report said.

Shawn Nolan, a federal defender who is representing Higgs, described the diagnoses as “a game changer.”

“They’ve been having these executions, which are basically super-spreader events, and now it’s come to roost that all of these people are testing positive,” said Nolan, chief of the capital habeas unit for the community federal defender office for the Eastern District of Pennsylvania.

The Bureau of Prisons has acknowledged that multiple federal death-row inmates in Terre Haute, Ind., where inmates live and are executed, have tested positive, but the agency won’t say how many.

President-elect Joe Biden, due to be sworn in Jan. 20, ran on an anti-death penalty platform.

Supreme Court


All three inmates’ cases could wind up at the Supreme Court in the coming weeks, before a high court majority that has consistently sided with the government in federal execution cases since July.

Montgomery’s execution could be derailed by the virus in a less direct way.

In a Dec. 24 ruling, a federal judge in Washington said the government improperly scheduled the execution while a stay was pending.

Announcing the Dec. 8 execution date this past fall, former Attorney General William Barr said Montgomery fatally strangled a pregnant woman, Bobbie Jo Stinnett, cut open her body, and kidnapped her baby. Acting Attorney General Jeffrey Rosen, Barr’s former deputy, took over the post from Barr Dec. 23. Like Barr, Rosen supports capital punishment.

Montgomery’s legal team has pointed to her history as a victim of gang rape, incest, and child sex trafficking, and her severe mental illness as reasons for not executing her.

A DOJ spokesperson declined to say for what date, if any, it would seek to reschedule Montgomery’s execution if the order stays in place. She would be the first woman executed by the federal government in nearly 70 years.

The government is appealing the order to the U.S. Court of Appeals for the D.C. Circuit. In its motion to stay the ruling pending appeal, DOJ said “Montgomery received ample notice of her execution date” and “has no equitable interest in enjoying a windfall” from the rescheduling of her execution.

“The Supreme Court has repeatedly recognized the Government and the victims’ compelling interest in the timely enforcement of a death sentence,” DOJ said in its motion.

The government motion cited the high court’s 2019 decision in Bucklew v. Precythe, where the court split 5-4 against a death-row inmate’s Eighth Amendment challenge. The capital punishment gap on the court since then has appeared to widen to a 6-3 spread, with Justice Amy Coney Barrett replacing the late Justice Ruth Bader Ginsburg.

Barr said Johnson murdered seven people “in furtherance of his drug-trafficking activities,” and that Higgs kidnapped and murdered three women. Johnson says his intellectual disability should bar his execution, while Higgs points to the fact that he wasn’t the shooter and that his co-defendant who pulled the trigger was sentenced to life-without-parole.

Source: news.bloomberglaw.com, Jordan S. Rubin, December 29, 2020


đźš© | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Iran Crackdown on Christians Intensifies, Ministry Reports Dozens Killed and Hundreds Detained

September 3, 2026: A widening crackdown on Christians in Iran has reportedly resulted in the deaths of at least 33 Christian ministers and the detention of more than 130 others in recent months, according to Iran Alive Ministries, a Texas-based organisation supporting underground house churches in the country. Hormoz Shariat, founder of Iran Alive Ministries, told Baptist Press that at least 33 Christian ministers associated with the ministry had been killed amid intensified government pressure on Christians linked to the underground church movement.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Hanging, confinement and the sentencing debate India won’t have

Ask anybody what a “death sentence” in India actually means, and the honest answer is that it can mean three quite different things. It can mean the noose—hanging by the neck until death; it can mean permanent confinement in jail—a term the courts now call imprisonment for the remainder of one’s natural life, and, far more often than either of the first two, it can simply mean delay in delivery of justice—a death sentence that is neither carried out nor commuted, waiting for completion of investigation, trial before the sessions court, hearing of a confirmation proceeding in a high court, appeal against conviction in the Supreme Court, or hearing of a mercy petition nobody has decided for years, sometimes for decades, until age or illness does what the state never got around to doing itself.