New delays as Lisa Cunningham faces possible execution in US

If convicted, the SA woman will become the first Australian woman on death row in America.

Lisa Cunningham is escorted back to a holding cell by Maricopa County Sheriff's officers at the Superior Court of Arizona. Picture: Caitlin O'Hara

A South Australian mother facing possible execution in the US over her stepdaughter’s death faces new delays to her huge trial with more than 50,000 documents and dozens of witnesses.

Mother-of-four Lisa Marie Cunningham, 50, could become the first Australian woman on death row if convicted of killing seven-year-old Sanaa, in Arizona, in February 2017.

Mrs Cunningham, originally from Mannum, and her American husband, Germayne, 45, who is a former Phoenix robbery squad detective, have been waiting for their day in court for more than six years.

The couple, who have been in protective custody since 2017, face new anguish as their trial faces being delayed until possibly June next year.

Sanaa Cunningham. Pictures: supplied

Court papers state the case now “consists of more than 50,000 documents and several dozen witnesses, many of whom are medical professionals”.

Her lawyers have also been involved in other trials for the past 16 months.

The couple, who insist they sought help from various doctors to protect Sanaa from harm, face the possibility of death penalty – which the Australian government opposes – if convicted of charges first laid in December, 2017 after a 10 month police investigation.

Germayne and Lisa Cunningham. Picture: supplied.

Prosecutors allege Sanaa, who had acute schizophrenia, died from a sepsis infection in Phoenix Children’s Hospital from head and foot injuries linked to her living conditions.

The Cunninghams have pleaded not guilty to first degree murder – the most serious US charge defined as any intentional killing, which is wilful and premeditated with a malice aforethought – and 10 counts of child abuse.

They claim Sanaa died from pneumonia and the effects of special prescribed medication.

Their Maricopa County Superior Court prosecution was due to start in September this year in Mrs Cunningham’s adopted hometown Phoenix.

Her lawyers, with support of prosecutors, have applied to Judge Jennifer Green to postpone it for a “minimum nine months” so they can prepare her defence and finish inquiries.

Lisa Cunningham in jail. Pictured supplied from inside jail.

Lisa Cunningham showing her meal tray which is delivered in the morning for the whole day. Picture: supplied

8/9/18 – Copy photo – Sanaa Cunningham (far right) with her sister (far eft: don't know name) and Lisa's other children Gabriel, Cierra, Eva and Javien. Picture: Naomi Jellicoe

Speaking from the maximum-security wing of the desert Estrella Women’s Jail, near Phoenix, Mrs Cunningham, a former prison guard, said the delays were frustrating.

“It baffles me how this (US) state still alleges that (it) has a crime but can’t figure out a way to prosecute it in seven years,” she said.

“I wonder how long I will wait for my day in court. Never mind, I already know the answer to that. Until I agree to a plea so the case never makes it to court.

“The process is not intended for defendants to succeed, so they rarely do.”

Australian Lisa Cunningham and her American husband Germayne deny the charges. Picture: supplied

She said authorities allege her most serious charges were “waiting too long to take our child to the hospital, so she died”.

“Most (US) states do not allow this charge anymore, it is archaic and was designed (for) rape and robbery when these crimes were punishable by hanging,” she said.

“All but a few US states have removed (it).”

The Covid-19 pandemic has already delayed their trial three times after it was originally set for September 2020.

Germayne and Lisa Cunningham in their police mugshots. Picture: Phoenix Police

Prosecutors and the Cunninghams’ lawyers most recently fought over their right to access medical records, which was granted in May 2021.

“This case was essentially in limbo for two years while the parties litigated the medical records issue,” her lawyers argue.

“Covid also restricted progress investigating the case, including potential defences and mitigation, for nearly two years.

Lisa Cunningham with daughter Sanaa, right and Nayara left. Picture: Channel 7

“Complexities and unpredictable schedules of the medical provider witnesses have made trial preparation in this case so difficult.

“The mitigation investigation is not yet complete. Ms Cunningham is a citizen of Australia and has lived on multiple continents.

“That makes gathering relevant information and building a mitigation case much more time-consuming, especially considering governmental restrictions related to Covid.”

Deputy County Attorney Jessi Wade told the court prosecutors “recognised the current trial date … is not realistic” as the case was “voluminous”.

The case returns to court this week.