Execution of a single woman on US federal death row may proceed, court orders | Death penalty

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A U.S. appeals court has paved the way for the only woman on federal death row to be executed before President-elect Joe Biden takes office.

The ruling, rendered on Friday by a panel of three judges in the United States Court of Appeals for the District of Columbia circuit, concluded that a first instance judge erred in vacating Lisa Montgomery’s execution date in an order in the last week.

US District Court Judge Randolph Moss ruled that the justice department illegally rescheduled Montgomery’s execution and canceled an order from the director of the prison bureau that marked his death for January 12.

Montgomery had been sentenced to death by lethal injection at the federal correctional facility in Terre Haute, Indiana, in December, but Moss delayed the execution after his lawyers contracted coronaviruses visiting his client and asked him to extend the deadline for petition for clemency.

Moss concluded that, under his order, the prison department could not even reschedule Montgomery’s execution until at least January 1. But the appeals panel disagreed.

Meaghan VerGow, Montgomery’s lawyer, said his legal team will ask the entire appeals court to review the case and said Montgomery should not be executed on January 12.

Montgomery was convicted of the murder of Bobbie Jo Stinnett, 23, in Skidmore, northwest Missouri, in December 2004.

She used a rope to strangle Stinnett, who was eight months pregnant, and then cut the girl from the womb with a kitchen knife, officials said. Montgomery took the child with her and tried to make it hers, prosecutors said.

Montgomery’s legal team argued that she has severe mental illness. One of her lawyers, Sandra Babcock, said in a previous statement: “Given the severity of Mrs. Montgomery’s mental illness, the sexual and physical torture she endured throughout her life and the connection between her trauma and the facts of her crime, we call on President Trump to grant his mercy and commute his sentence to life imprisonment. “

Biden is opposed to the death penalty and his spokesman, TJ Ducklo, said he would work to end its use. But Biden did not say whether to stop federal executions after taking office on January 20.

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Execution of a single woman on US federal death row may proceed, court orders | Death penalty

Execution of a single woman on US federal death row may proceed, court orders | Death penalty

by

A U.S. appeals court has paved the way for the only woman on federal death row to be executed before President-elect Joe Biden takes office.

The ruling, rendered on Friday by a panel of three judges at the U.S. Court of Appeals for the District of Columbia circuit, concluded that a first instance judge erred in vacating Lisa Montgomery’s execution date in an order of the week last.

US District Court Judge Randolph Moss ruled that the Justice Department illegally rescheduled Montgomery’s execution and canceled an order from the director of the prison bureau that marked his death for January 12.

Montgomery had been sentenced to death by lethal injection at the federal correctional facility in Terre Haute, Indiana, in December, but Moss delayed the execution after his lawyers contracted coronaviruses visiting his client and asked him to extend the deadline for petition for clemency.

Moss concluded that, under his order, the prison department could not even reschedule Montgomery’s execution until at least January 1. But the appeals panel disagreed.

Meaghan VerGow, Montgomery’s lawyer, said his legal team will ask the appeals court to review the case and said Montgomery should not be executed on January 12.

Montgomery was convicted of the murder of Bobbie Jo Stinnett, 23, in Skidmore, northwest Missouri, in December 2004.

She used a rope to strangle Stinnett, who was eight months pregnant, and then cut the girl from the womb with a kitchen knife, officials said. Montgomery took the child with her and tried to make it hers, prosecutors said.

Montgomery’s legal team argued that she has severe mental illness. One of her lawyers, Sandra Babcock, said in a previous statement: “Given the severity of Ms. Montgomery’s mental illness, the sexual and physical torture she endured throughout her life and the connection between her trauma and the facts of her crime, we call on President Trump to grant his mercy and commute his sentence to life imprisonment. “

Biden is opposed to the death penalty and his spokesman, TJ Ducklo, said he would work to end its use. But Biden did not say whether to stop federal executions after taking office on January 20.

Source