His execution was initially delayed.
Lisa Montgomery sentenced to death by lethal injection
The Trump administration on Tuesday asked the Supreme Court to clear the way for the execution of Lisa Montgomery, who must die today by lethal injection – the first woman to be sentenced to death at the federal level for almost 70 years.
The Justice Department’s request came after a federal appeals court delayed his execution until Trump leaves office next week.
Trump accelerated federal executions
A delay of several days could have a significant impact on le sort de Montgomery. The Trump administration insisted that the federal executions resume for the first time since 2003 and resumed last year. Since then she has proceeded to ten federal executions, the highest number of executions in a single year in the United States in decades.
But the elected president Joe Biden opposes capital punishment, pledged to lobby for eliminate the federal death penalty and should suspend executions.
The executions of two others condemned to death scheduled for the end of the week were temporarily delayed, after a federal judge in Washington said on Tuesday that they should first be allowed to recover from Covid-19 contracted in prison.
Lisa Montgomery said to be the first woman executed in 70 years
Lisa Montgomery, 52, was convicted in 2007 of strangling a Missouri woman who was eight months pregnant, and cutting the baby off her abdomen. The baby survived and was raised by his father.
Acting Solicitor General Jeffrey B. Wall urged judges to “immediately put aside this unwarranted obstacle to execution of a legal death penalty“, As it has done in a series of decisions in recent months.
Late Night Action by the United States Court of Appeals for the DC Circuit, in Plenary, after 11 p.m. Monday, is a “late flip-flop” and contrary to its rulings on identical claims in other cases, wrote Mr. Wall.
Lisa Montgomery’s execution date was initially delayed after two of her lawyers fell ill with coronavirus after traveling to visit him in prison. She is now due to be executed at 6 p.m., and was transferred Monday from a women’s prison in Texas to the center offederal execution in Indiana.
Family members of the victim traveled to Indiana to witness the execution and, according to the justice ministry, it should not be canceled at the “eleventh hour”.
The victim’s family, community and the nation “deserve better,” the government said.
The Supreme Court has rejected previous attempts to stop the Trump administration from carrying out federal executions by using a new lethal injection protocol.
Four judges, including three appointed by President Trump, said they would not have granted the stay.
The stay of execution gives the DC circuit time to consider whether federal law governing executions requires the government to adhere to the 90-day notice required by Missouri. The ordinance stipulates that the pleadings will be scheduled after January 29.
Montgomery’s attorney Kelley Henry said on Tuesday the court “was correct in accepting this appeal because it is an issue that keeps coming up in these cases and the courts below are divided on the issue.”
Lisa Montgomery reportedly not in a mental state compatible with her execution
Otherwise, Indiana judge suspended Ms Montgomery’s execution Monday to determine if his mental illness and history of childhood sexual abuse precludes him from being put to death under the 8th Amendment.
Montgomery’s attorneys say she suffers fromsevere mental illness “Exacerbated by the sexual torture she suffered all her life at the hands of the guards”. They seek to prove that she “cannot rationally understand the government’s motive for its execution.”
Lisa Montgomery also asked for clemency from the president.
On Tuesday afternoon, the Supreme Court and the U.S. Court of Appeals for the Seventh Circuit denied the stay of execution of Lisa Montgomery. She must die Tuesday night, less than a day after a federal judge in Indiana granted his stay on mental health grounds.
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