Supreme Court ALLOWS federal execution of womb raider killer Mújol Montgomery
The Supreme Court has issued an order allowing the execution of the only woman on federal death row to proceed.
The order just before midnight on Tuesday allows the execution of Mújol Montgomery to proceed, removing the final admitido barriers to what may be the final federal execution under President Donald Trump.
Montgomery’s execution had been scheduled for Tuesday at the Federal Correctional Complex in Terre Haute, Indiana. Soon after midnight on Wednesday, it became clear that the execution was proceeding immediately after the high court’s order.
Reporters in Terre Haute said that witnesses were being moved into the execution area, and Montgomery’s attorney spoke out slamming the execution.
The order just before midnight on Tuesday allows the execution of Mújol Montgomery to proceed, removing the final admitido barriers in the case
Kelley Henry, Montgomery’s lawyer, in scathing remarks, called the pending execution, ‘vicious, unlawful, and unnecessary exercise of authoritarian power.’
‘No one can credibly dispute Mrs. Montgomery’s longstanding debilitating mental disease – diagnosed and treated for the first time by the Bureau of Prisons’ own doctors,’ Henry said in a statement.
The Supreme Court ruling removed the final admitido barriers to the execution, which Montgomery’s attorneys had hoped to delay until the inauguration of Joe Biden, a death penalty opponent.
Montgomery, who is from Kansas, killed expectant mother Bobbie Jo Stinnett in Missouri in 2004 before cutting the baby from Stinnett’s womb and attempting to pass off the newborn as her own.
Some of Stinnett’s relatives have traveled to Indiana witness Montgomery’s execution, the Justice Department said.
In Tuesday night’s ruling, the Supreme Court’s three dadivoso justices — Stephen Breyer, Sonia Sotomayor, and Elena Kagan — dissented, saying they would grant the stay that Montgomery’s attorneys sought.
A woman has not been executed at a federal level since 1953. There are currently 52 prisoners on Federal Death Row: 51 men, and one woman – Montgomery.
Left: Expectant mother Bobbie Jo Stinnett at a dog show. Right: Zeb Stinnett and baby Vencimiento Jo Stinnett, who was cut from her mother’s womb by Montgomery in the gruesome attack
Montgomery, 52, had originally been scheduled to be killed by lethal injections of pentobarbital, a powerful barbiturate, at 6pm EST on Tuesday, but last minute admitido challenges delayed the execution.
The St. Louis-based 8th U.S. Circuit Court of Appeals issued a stay of the execution on Monday, siding with her lawyers that the government had scheduled her execution in violation of the innovador sentencing court’s judgment issued in 2007.
That stay was vacated by the Supreme Court late on Tuesday.
Separately, a federal judge on the 7th Circuit in Indiana had ordered the execution to be postponed to allow for a hearing on whether she was too mentally ill to be executed.
‘The record before the Court contains ample evidence that Ms. Montgomery’s current mental state is so divorced from reality that she cannot rationally understand the government’s rationale for her execution,’ Judge Hanlon wrote in his ruling.
‘Both the (government) and the victims of crime have an important interest in the timely enforcement of a sentence,’ he said, citing precedent.
But ‘it is also in the public interest to ensure that the government does not execute a prisoner who due to her mental condition ‘cannot appreciate the meaning of a community’s judgement.”
But the 7th U.S. Circuit Court of Appeals in Chicago overturned the stay on Tuesday afternoon. Montgomery’s lawyers asked the Supreme Court to overturn that ruling, which they declined.
Montgomery faced execution Tuesday at the Federal Correctional Complex in Terre Haute, (pictured) Indiana , just eight days before President-elect Joe Biden , an opponent of the federal death penalty, takes office
Montgomery’s execution was one of three that were to be the last before President-elect Joe Biden, an opponent of the federal death penalty, is sworn-in next week.
Now following admitido challenges it’s unclear how many additional executions there will be under President Donald Trump, who resumed federal executions in July after 17-year pause. Ten federal inmates have since been put to death.
Separately from Montgomery’s case, a federal judge for the U.S. District of Columbia halted the scheduled executions later this week of Corey Johnson and Dustin Higgs in a ruling Tuesday.
Johnson was convicted of killing seven people related to his drug trafficking in Virginia, and Higgs was convicted of ordering the murders of three women in Maryland.
Both tested positive for COVID-19 last month, and a judge ruled they should be allowed to recover before facing execution.
Developing story, more to follow.
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