Comments Off on Death row inmate Lisa Montgomery to die by lethal injection in a US penitentiary, as court vacates order delaying her execution
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The only woman on Federal death row has been certified to die by a federal appeals court.
Lisa Montgomery is expected to be executed before President-Elect Joe Biden takes office on January 20.
The ruling, handed down Friday by a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit, concluded that a lower court judge erred when he vacated Lisa Montgomery’s execution date in an order last week.
U.S. District Court Judge Randolph Moss had ruled the Justice Department unlawfully rescheduled Montgomery’s execution and he vacated an order from the director of the Bureau of Prisons scheduling her death for January 1.
Montgomery had been scheduled to be put to death at the Federal Correctional Complex in Terre Haute, Indiana, in December, but Moss delayed the execution after her attorneys contracted coronavirus visiting their client and asked him to extend the time to file a clemency petition.
Moss concluded that under his order the Bureau of Prisons could not even reschedule Montgomery’s execution until at least January 1. But the appeals panel disagreed.
Meaghan VerGow, an attorney for Montgomery, said her legal team would ask for the full appeals court to review the case and said Montgomery should not be executed on January 12.
Montgomery’s lawyers have argued that their client suffers from serious mental illnesses.
Biden opposes the death penalty and his spokesman, TJ Ducklo, has said he would work to end its use, although it is not clear if intends to put an end to federal executions when he takes office.
Lisa Marie Montgomery was arrested for the murder of Bobbie Jo Stinnett a pregnant 23-year-old American woman found murdered in her home in Skidmore, Missouri in 2004.
Montgomery then aged 36, was convicted of strangling Stinnett from behind and then removing Stinnett’s unborn child, eight months into gestation, from her womb. The child was safely recovered by authorities and returned to the father.
Montgomery is scheduled to be executed by lethal injection on January 12, 2021,
She is one of 55 women on death row in the U.S., and if executed would be the first female federal inmate in 70 years to be executed by the U.S. federal government.