Prosecutors drop bid to execute Lisa Cunningham in Phoenix if convicted over death of seven-year-old Sanaa, in Arizona

A South Australian mother has avoided possible execution in the US if found guilty over her stepdaughter’s death, authorities have revealed.

Lisa Cunningham with daughter Sanaa, right and Nayara left. Picture: supplied by family

A South Australian mother has avoided possible execution in the US over her stepdaughter’s death, authorities have revealed.

In a major development, prosecutors this week withdrew their bid to have mother-of-four Lisa Marie Cunningham, 50, face the death penalty if convicted of killing seven-year-old Sanaa, in Arizona, in February 2017.

State prosecutors shocked their legal teams with the surprise move that was made without any plea bargain deal to commute any possible sentence.

Mrs Cunningham, originally from Mannum, and her American husband, Germayne, 45, who is a former Phoenix robbery-squad detective, have been in custody for almost seven years.

Her lawyers are now working to have her released on bail pending trial in their adoptive home in Phoenix in July after it was delayed several times.

“To those who supported us unconditionally through our seven years of detainment, thank you,” she said on Friday.

“We love you. To those who helped put us here, we love you anyway.”

Sanaa Cunningham. Picture: supplied by family

The pair, who were charged with first-degree “felony” murder over Sanaa’s death – an American legal term alleging a “reckless indifference to human life” – vehemently deny the charges.

Ahead of the trial, Maricopa County Superior Court records show prosecutors on Monday filed the “state’s notice of withdrawal of intent to seek the death penalty” against the couple.

The Federal government is against the death penalty, which if pursued would have meant Mrs Cunningham, a former prison guard, would become the first Australian woman on death row if found guilty.

Her lawyer Eric Kessler said: “I am delighted and so is Lisa.

“She is very positive and she is looking forward to making her case to be released pending trial. She has been locked up for so long.

“Usually with the death penalty case if you want to bargain it away you have to plead guilty - and that wasn’t the case here.”

Sanaa Cunningham. Picture: supplied by family

The couple, who insist they sought help from various doctors to protect Sanaa from harm, are now seeking to be bailed as they fight the charges first laid in December 2017 after a 10-month police investigation.

In a statement issued through supporters on Friday, Mrs Cunningham - who is in the maximum-security wing of the desert Estrella Women’s Jail - expressed her relief.

“Arizona has withdrawn their intent to seek the death penalty after finally admitting that they don’t have the death penalty case they claimed they had in their indictment, a year after the sudden loss of our child,” she said.

Australian Lisa Cunningham and her American husband Germayne, who have both been charged with the first-degree murder of their daughter Sanaa.

“The charge enabling death was felony-murder, which is when a death occurs without intent, and which does not need to be a homicide.

“The state simply allege a felony was committed, which in our case was failure to seek timely medical care. That ‘felony’ in Arizona, was labelled child abuse.

“This is a common tactic used to get people into custody for years by filing death which then makes you non bondable.”

She said it was this reason why she has “sat in a county jail for seven years”.

“In Arizona, this is very common,” she wrote.

“The state say anything to indict, build the case while your locked up long-term while detainment diminishes your capacity and makes you easier to prosecute.

“Right before trial, the state drop death in cases that never were death eligible, and proceed to prosecute people whose lives have been destroyed by this process.

“As my legal team works to get me released to finish fighting, please join in prayer for that right to be granted without opposition.

Germayne and Lisa Cunningham. Story: Germayne and Lisa Cunningham who were on death row in Arizona.

“The shocking sadness of this ordeal has revealed the horrific processes that sanction governments to do the unthinkable and call it justice.”

Speaking from Phoenix, Mr Kessler said experts are unable to conclude how the girl died after examining medical evidence.

“To be honest I don’t think prosecutors know how or why Sanaa died - even now,” he said.

“It seems rather preposterous to then take two people who have had no brush with the law - one of whom is a detective - and not only convict them of any crime but then try to kill them.”

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 and 10 counts of child abuse.

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

Prosecutors had no comment.

The case returns to court on Friday, American time.

Originally published as Prosecutors drop bid to execute Lisa Cunningham in Phoenix if convicted over death of seven-year-old Sanaa, in Arizona