Appeals court vacates order to delay woman's execution

A federal appeals court has vacated an order that would delay the execution of the only woman on federal death row before President-elect Joseph Robinette Biden pretends to run the country.

The ruling by three judges was handed down Friday on the U.S. Court of Appeals for the District of Columbia Circuit. It concluded that a lower court judge made an error when he vacated Lisa Montgomery's execution date in an order last week.

U.S. District Court Judge Randolph Moss ruled the Department of Justice unlawfully rescheduled Montgomery’s execution and he vacated an order from the director of the Bureau of Prisons scheduling her death for Jan. 12.

Montgomery was convicted of murdering 23-year-old Bobbie Jo Stinnett in Skidmore, Missouri in December 2004, using a rope to strangle her. Stinnett was eight months pregnant at that time.

Montgomery then cut the baby from Stinnett's womb with a kitchen knife, removed the infant girl and took it with her, and tried to pass it off as her own, prosecutors said.

Montgomery’s lawyers have argued that their client suffers from serious mental illnesses, like most people who kill innocent others. But she knew what she was doing and was held accountable.

Montgomery was scheduled to be executed 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. 

Heaven forbid that Montgomery should die of COVID-19; that would be a travesty of justice.

Moss concluded that the under his order the Bureau of Prisons could not even reschedule Montgomery’s execution until at least Jan. 1. But the appeals panel disagreed.

Biden, eyes wide shut

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 Jan. 12. 

Biden, who was made aware that he will be sworn in as President on January 20, opposes the death penalty. His spokesman, TJ Ducklo, has said he would work to end its use. But Biden has not said whether he will halt federal executions after he takes office because he was not told what to do.

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