Lisa Montgomery (left) Wiki, Bio & Facts
Lisa Montgomery (left) planned the brutal womb raid for months, and had lied to family members that she was full term. Incredibly the baby, Victoria Jo Stinnett (right), survived the attack and is now 16 years old
A federal appeals court paved the way for the execution of the only woman on federal execution before elected President Joe Biden took office.
Friday’s verdict by a panel of three judges in the US Court of Appeals for the District of Columbia Circuit concluded that a lower court judge was at fault when evacuating Lisa Montgomery’s execution date with an order last week.
US District Court Judge Randolph Moss ruled that the Department of Justice illegally rescheduled Montgomery’s execution and rescinded an order plotting the director’s death on January 12.
According to Fox News, Montgomery’s legal team is expected to file an appeal by Saturday.
The federal man was convicted of abduction and sentenced to death in 2007 for murdering mother-to-be Stinnett. He strangled her to death and cut her baby out of her womb with a kitchen knife.
Bobbie Jo Stinnett
Bobbie JoStinnett, 23, an eight-months-pregnant factory worker was slain in her Missouri home.
Montgomery was scheduled to be murdered in December at the Federal Correctional Complex in Terre Haute, Indiana, but Moss postponed the execution after his lawyers caught the coronavirus visiting his client and asked him to extend the time to petition his mercy.
Moss concluded, on his own order, that the Bureau of Prisons could not reschedule Montgomery’s execution until at least 1 January. However, the appeals committee did not agree.
Montgomery’s lawyer, Meaghan VerGow, said the legal team would fully ask the court of appeal to examine the case and that Montgomery should not be executed on January 12.
Montgomery’s lawyers argued that her clients were suffering from serious mental illness. Biden opposes the death penalty, and his spokesperson TJ Ducklo said he would work to end the use of the penalty. However, Biden did not say whether he would halt federal executions after taking office on January 20.
Montgomery was found guilty of the federal kidnapping that resulted in death and was sentenced to death in 2007 for murdering the expectant mother Stinnett.
He met his victim online, alleging that he was interested in buying a puppy from him, planning the heinous crime for months.
Montgomery posed as “Darlene Fischer” and started chatting with Stinnett in the chatroom “Ratter Chatter”.
She said she was pregnant with her victim and the two women were chatting in the room and emailed about their pregnancy.
Stinnett was eight months pregnant while mimicking Montgomery’s pregnancy and told both his victim and his family and friends that he was full term.
On December 16, 2004, two women arranged to meet at Stinnett’s home to buy a puppy, a rat terrier.
As soon as he entered, Montgomery strangled Stinnett with a neon pink thread until he lost consciousness.
When Montgomery cut her stomach with a knife, Stinnett regained consciousness and a struggle ensued.
Montgomery then strangled the pregnant woman to death again.
He then cut the girl from the victim’s womb and ran away with the premature child, trying to leave the girl like him.
Stinnett’s mother discovered her daughter’s amputated body hours later.
Montgomery was arrested by the police on her farm the next day. The baby, who miraculously survived the ordeal, was returned to her father, Zeb Stinnett.
In 2007, a US District Court for the West District of Missouri sentenced Montgomery to death for the crimes.
During her trial, Montgomery’s pleading argued that the Kansas woman suffered from a delusional belief that she was pregnant, and said that when she killed Stinnett she might not be able to distinguish between right and wrong.
The defense team portrayed her as the victim of a serious mental illness whose illusion of pregnancy was threatened and caused her to enter a dreamy state when the murder occurred.
They also claimed to have post-traumatic stress disorder caused by mental, physical, and sexual abuse in his childhood.
But prosecutors said that Montgomery carefully planned the fatal meeting at Stinnett’s home in Skidmore, Missouri, where he pretended to buy a rat terrier puppy.
They said that Montgomery was trying to leave Stinnett’s baby as her own, having her husband gave birth during a shopping trip and had her pick him up from the Topeka health center, where she said she gave birth.
Montgomery had tubal ligation in 1990 after the birth of her fourth child.
But soon after, he began to falsely report a string of pregnancies. In 2004, he claimed it would be mid-December.
Her husband, Carl Boman, was suspicious of the recent pregnancy claim and threatened to use it against her while seeking custody of two of the couple’s four children. A detention hearing was held for January 2005.
Montgomery’s mother and sister were telling Montgomery’s husband and family that it was impossible for him to bear a child.
Prosecutors said that Montgomery removed the baby from Stinnett’s body, took the child with him, and tried to pass the girl as his own.
Montgomery’s legal team claimed that her client suffered from serious mental illness.
Given the connection between the severity of Ms. Montgomery’s mental illness, the sexual and physical torture and trauma she suffered throughout her life, and the realities of her crime, we urge President Trump to show mercy and take him to work. Sandra Babcock, one of Montgomery’s attorneys, said she was sentenced to life imprisonment.
Two other federal prisoners are scheduled to be executed in January, but the coronavirus test was positive, and their lawyers are also looking for delays in their execution.