USA | Department of Justice moves to vacate judge's decision to stay Montgomery execution

A lawyer for the only woman on federal death row is sounding alarms about executions during a pandemic. Meanwhile, the Department of Justice is appealing a judge's decision to halt the execution of Lisa Montgomery.

TERRE HAUTE, Ind. (WTHI) - A lawyer for the only woman on federal death row is sounding alarms about executions during a pandemic. Meanwhile, the Department of Justice is appealing a judge's decision to halt the execution of Lisa Montgomery.

Montgomery was sentenced to death in 2004 for killing a pregnant woman and cutting out her baby. The baby survived.

Montgomery's execution was scheduled for December 8th but a judge granted a stay of execution, effective through the end of the year after members of Montgomery’s legal team became sick with COVID-19.

The Federal Bureau of Prisons rescheduled the execution for January 12th. Last week, a judge ruled the government acted unlawfully when it rescheduled the execution while the stay was still in place.

The government appealed that ruling Monday wishing to proceed with the execution on January 12th despite the order calling it illegal.

Supervisory Assistant Federal Public Defender Kelley Henry has represented Lisa Montgomery since 2012.

Henry says, "There won't be a result in the appeal because they're not asking for an expedited appeal. They're asking to execute her despite the fact that there will be an order saying that the execution is illegal."

Montgomery's legal team has a brief due to the Court of Appeals in the District of Columbia Wednesday afternoon. If the court denies the BOP request the execution may not be rescheduled until President Donald Trump leaves office.

Henry says Montgomery’s execution date is the fastest to be set in modern history. Her case was only final after a first round of appeal this past August.

"I've been doing this work for 30 years. I've never had a client with an execution date just 12 years past conviction. That's, really, in the world of death penalty litigation, that's like a rocket docket."

FEDERAL EXECUTION CORONAVIRUS CONCERNS

"It is frankly irresponsible to attempt to carry out these executions during a pandemic."

Henry was one of Montgomery’s legal team members to get sick with COVID-19. She says she is still dealing with the effects of the virus.

Coronavirus has also made it more difficult for Henry to speak with her client who is being housed at a federal facility in Fort Worth, Texas.

Montgomery was tested for COVID-19 after her lawyers and family got sick but has not been tested since, even as Henry says there's been an outbreak inside her facility.

Back in Terre Haute, which is home to federal death row, Henry calls executions "super spreader" events. She cites the Orlando Hall execution as an example. A spiritual advisor and 8 members of the execution team got sick with COVID-19 as a result of that execution.

"We also know that members of the execution team refuse to wear masks inside the execution chamber so you're potentially putting at risk the lives of the 125 people that the prison says that are involved in these executions and every single person they come into contact with."

Henry says she would like Montgomery to be tested for COVID-19 again. She says she is also concerned about the virus and the use of pentobarbital. She says the use of the drug on someone with lungs damaged by COVID-19 could feel like a tortuous chemical waterboarding.

Source: wthitv.com, H. Good, December 29, 2020

🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.

Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term: Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area. Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week. Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News.

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.

Death Penalty News

Search This Blog