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A federal demise-row inmate scheduled to be executed times in advance of President-elect Joe Biden’s inauguration has analyzed optimistic for the coronavirus, his lawyer mentioned Thursday.

Dustin John Higgs is 1 of a number of persons on federal death row set to be executed all through the presidential changeover, which has drawn condemnation from attorneys and critics who argue towards carrying out their sentenced prior to President Trump, who supports capital punishment, is replaced by Biden, who opposes it.

“Today, we had been knowledgeable by the Bureau of Prisons that Dustin Higgs has examined positive for COVID-19,” Shawn Nolan, Higgs’s attorney, mentioned in a statement. “This is surely the result of the tremendous spreader executions that the governing administration has rushed to undertake in the heart of a global pandemic.”

This information came a week following the Justice Department conducted back again-to-back again executions at the penitentiary in Terre Haute, Ind., where federal demise sentences are carried out. Officials also planned to execute Lisa Montgomery this month, but it was postponed to January immediately after her lawyers stated they contracted the virus after meeting with her.

Nolan termed on the governing administration to withdraw Higgs’s execution day.

The Bureau of Prisons in a assertion Thursday night stated it could validate that inmates at the penitentiary’s special confinement device, which residences the inmates there with federal loss of life sentences, have analyzed favourable. It did not identify the inmates or specify how a lot of of them have tested positive, nor did the assertion ensure that Higgs was between people who analyzed constructive.

“Due to pending litigation and privateness passions, we decrease to supply even further facts,” the bureau’s assertion claimed. A spokesman declined to say when the tests were being done and the good final results came back again.

In the course of a make contact with tracing investigation, a prisons employee assigned to the particular confinement device was also observed to be favourable, the bureau mentioned. That particular person experienced no contact with staff concerned in recent federal executions, they reported.

“While a selection of inmates have examined good for COVID-19 at USP Terre Haute in recent weeks, numerous of these inmates are asymptomatic or exhibiting gentle indicators,” the assertion reported. “Our greatest priority stays guaranteeing the basic safety of staff members and inmates.”

Asked if the bureau sought to have his execution date moved, a spokesman explained only that he was scheduled to be executed on Jan. 15, the day declared by Lawyer Common William P. Barr final thirty day period.

The federal federal government experienced not carried out any executions considering the fact that 2003 till this calendar year. Barr last year declared designs to resume executions, and because July the Justice Division has carried out 10 loss of life sentences.

3 supplemental federal executions are set for the 7 days before the Jan. 20 inauguration, with Higgs’s currently being the very last at the moment scheduled right before Biden can take office environment. Higgs was sentenced to dying for his position in the kidnapping and killing of a few gals. Nolan has stated it would be completely wrong to execute Higgs whilst his buddy, who really shot the women, was convicted of murder but not sentenced to dying.