Lisa Montgomery was scheduled to be executed on December 8, after she was convicted in 2004 for strangling a Missouri woman who was eight months pregnant to death, cutting the baby and kidnapping him. The baby survived.
The Justice Department said it intended to reschedule Montgomery’s execution date for January 12, but DC District Court Judge Randy Moss wrote on Thursday that it did not follow the proper schedule under the previous court order, delaying the rescheduling of the farthest execution date.
“The district court’s decision requires the government to follow the law by not setting an execution date for Lisa Montgomery while execution is suspended,” Sandra Babcock, one of Montgomery’s lawyers, said in a statement on Thursday. “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 (Donald) Trump to grant his mercy and commute your sentence to life in prison. “
Biden pledged to abolish the federal death penalty and to encourage states to stop seeking death sentences.