Judge Puts Hold On Execution Of The Only Woman On Death Row

U.S. District Court Judge Randolph Moss has delayed the execution of the only woman on death row after ruling the Justice Department unlawfully rescheduled her execution to allow the Trump administration to decide the date she would be executed.

According to NBC News, Moss vacated an order from the Bureau of Prisons director, which issued Lisa Montgomery’s execution on January 12. The execution was originally set for this month, but Judge Moss postponed the execution after an attorney on Montgomery’s behalf came down with the coronavirus and asked for an extension to file a clemency petition.

Moss stopped the Bureau of Prisons from executing the inmate before the end of 2020. After officials rescheduled the execution for early January, Judge Moss rejected that by ruling that the director’s order was “not in accordance with law.”

Apparently, the Bureau of Prisons must give inmates on death row at least a 20-day notice of their execution. Due to Moss’ order, the Justice Department does not have the allotted amount of time to do so since President-elect Joe Biden’s inauguration will occur on January 20.

Biden has been vocal about his opposition to “the death penalty now and in the future.” He has a goal to end its use when he takes office; however, it’s unknown whether Montgomery’s execution and others will be paused immediately when he takes office.

Montgomery was found guilty of killing Bobbie Jo Stinnett, a 23-year-old pregnant woman living in Missouri back in 2004. Montgomery used a rope to strangle the victim before using a kitchen knife to cut the baby girl from her womb. Stinnett was eight months pregnant at the time.

After removing the baby, Montgomery took the child with her and acted as if she was her own. In her defense, her legal counsel says she suffers from severe mental illnesses.

“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 appeal to President Trump to grant her mercy, and commute her sentence to life imprisonment,” one of Montgomery’s defense lawyers, Sandra Babcock stated.