U.S. judge reluctant to give woman on death row more time to seek clemency

[webfact]

U.S. judge reluctant to give woman on death row more time to seek clemency

By Sarah N. Lynch

 

FILE PHOTO: Lisa Montgomery, a federal prison inmate scheduled for execution on December 8, 2020, poses at the Federal Medical Center (FMC) Fort Worth in an undated photograph. Courtesy of Attorneys for Lisa Montgomery/Handout via REUTERS./File Photo

 

WASHINGTON (Reuters) - A federal judge signaled reluctance on Monday to grant Lisa Montgomery, the only woman on federal death row, extra time to petition for clemency after her attorneys fell ill with COVID-19 before they could complete her application.

 

In a hearing in U.S. District Court for the District of Columbia, Judge Randolph Moss questioned why lawyers for the convicted killer had not completed a draft of the clemency petition sooner, saying he believed Montgomery could still authorize other attorneys to proceed on her behalf.

 

The Justice Department said in October it would execute Montgomery on Dec. 8, in what would be the first federal execution of a woman since 1953.

 

Montgomery, now 52, was convicted in 2007 of kidnapping and strangling Bobbie Jo Stinnett, who was eight months pregnant.

 

Montgomery then cut the baby, who survived the attack, out from the womb.

 

"I would think that any vigorous and experienced counsel ... would begin on Day 1 and would have done a great deal for early November to have at least started the process of putting something together," Moss said.

 

"What I can tell you is that the amount of time was very short, given all that they had to do," responded Sandra Babcock, an attorney for Montgomery, telling Moss later in the hearing that clemency arguments "can't be put together by any old person."

 

Babcock said lead clemency attorneys Kelley Henry and Amy Harwell were too sick to meet the Monday night deadline to file Montgomery’s petition.

 

Montgomery’s lawyers say she has long suffered severe mental illness and was the victim of sexual assault, including gang rape.

 

Separately, the American Civil Liberties Union filed a petition in federal court on Monday seeking a stay of the execution on the grounds that Montgomery is being held in "torturous conditions" likely to re-traumatize a woman who was "sexually terrorized for decades."

 

(Reporting by Sarah N. Lynch; Editing by Peter Cooney)

 

-- © Copyright Reuters 2020-11-17

 

- Whatever you're going through, the Samaritans are here for you

- Follow Thaivisa on LINE for breaking COVID-19 updates

[Dagfinnur Traustason]

Why does a judge need to be reluctant to give some more time to a person already on death row? In my opinion it´s going to be a more harsh punishment to be given a sentence for life without parole.

[stevenl]

What would happen in a non death row case, if a lawyer can't meet a deadline due to illness because of a raging pandemic? Wouldn't postponement be the outcome?

[2530Ubon]

A quick read of the case is shocking. Her crime was awful and she deserves to be punished, but I'm not sure she deserves to die.

Several experts have since noted (after conviction) that she had a terrible defense lawyer and she has a history of systemic rape and abuse from her parents as a child, and then again later on with husbands & partners after trying to escape her parents at 18 years old. The abuse was so bad that experts testified she has permanent brain damage.  

Experts testified that Montgomery had pseudocyesis in addition to depression, borderline personality disorder, and post-traumatic stress disorder. Experts testified that Montgomery's stories about her actions fluctuated because her delusional state fluctuated, and that she was unable to appreciate the nature and quality of her acts.

Pseudocyesis defense, Montgomery's past trauma and separate diagnoses of mental illness were not fully revealed to the jury until after her conviction, by her appeals team. This led critics to argue that she had an incompetent legal defense.

 

[riclag]

The person she murdered or executed in cold blood didn't have a choice of representation ! The convicted  should be afforded all legal recourse! Then she should be executed !

[stevenl]

23 minutes ago, riclag said:

The person she murdered or executed in cold blood didn't have a choice of representation ! The convicted  should be afforded all legal recourse! Then she should be executed !

That's all obvious. Anything on the topic?

[yellowboat]

Corona is reshaping the world, given the upheval, more time would be reasonable.  

[new2here]

i tend to agree that her petition should be given more time... not because i disagree with the death penalty; i do agree with it and my feelings to uphold and honor the trial courts findings...  rather given the enormity of the death penalty, i want to be as absolutely sure as can be that all  /any outstanding questions about a persons guilt are addressed before enforcement. 

[alyx]

4 hours ago, riclag said:

The person she murdered or executed in cold blood didn't have a choice of representation ! The convicted  should be afforded all legal recourse! Then she should be executed !

It is definitely too late for the victim but, what are a few days or even a few years: if she wins the appeal then that will mean that there are grounds d’or that ...if she loses, then, I think she will have suffered more 

[Thomas J]

Notice the women was sentenced back in 2007.  How much time does she need to get her case ready.  That is the trouble with those who say that capital punishment is not a deterrent.  No it sure is not when a significant portion of those sentenced to death die from natural causes while awaiting their sentence be carried out.  Contrast that to Singapore where if you are convicted of a crime that warrants the death penalty you get one review to see if the trial was handled properly and to appeal.  If that appeal fails the sentence is carried out in weeks not decades. 

[placeholder]

2 minutes ago, Thomas J said:

Notice the women was sentenced back in 2007.  How much time does she need to get her case ready.  That is the trouble with those who say that capital punishment is not a deterrent.  No it sure is not when a significant portion of those sentenced to death die from natural causes while awaiting their sentence be carried out.  Contrast that to Singapore where if you are convicted of a crime that warrants the death penalty you get one review to see if the trial was handled properly and to appeal.  If that appeal fails the sentence is carried out in weeks not decades. 

It's a good thing that the Singapore justice system is infallible. This from Alan Shaldrake the author of Once a Jolly Hangman

 

"The many cases I exposed where various judges sentenced some accused to death despite dubious, suspect evidence concocted by the police and their informers while others with powerful countries behind them had their charges inexplicably reduced to a non-hanging offence. But Judge Loh completely ignored the evidence I produced in Once a Jolly Hangman even though he claimed to have read it from cover to cover. This proved again that the judiciary is not independent from the executive – a fact which the International Bar Association ably pointed out in its 2008 report on Singapore – and that the judiciary has to do the government's bidding when it suits them."

https://en.wikipedia.org/wiki/Capital_punishment_in_Singapore

[IAMHERE]

15 hours ago, Dagfinnur Traustason said:

In my opinion it´s going to be a more harsh punishment to be given a sentence for life without parole.

I'd say you are right, if she were a regular person. She is a psychopathic murderer. To kill a pregnant woman and cut out the baby; that's not what an ordinary person does.

Who is to say prison isn't a piece of cake for her, not punishment at all. Sounds from her pre prison history that jail is a pretty decent place for her, more a paid staycation than punishment for her. 

Her guilt isn't contested, eyes being dotted and Tee's crossed shouldn't prevent her death sentence from being carried out. 

[Dumbastheycome]

There is a horrifying aspect of dilemma involved in maximum penalties involving atrocious crimes.

For those who display no recognition  of "guilt" or remorse  for acts they  readily  admit to invokes a response  that in one sense  is equally repulsive by deeming it  worthy of   a death penalty.

For those that been deemed rendered incapable of  comprehension of the atrocity  of their actions in the perception of argued presentation of  cause  for leniency there exists a sense of  sympathy because they are unable to comprehend  guilt or  remorse.

 

Sure as anything I never want  to be a juror in such a  case.

 

[tgw]

from an ethical standpoint, this case is on the edge.

 

she's described as a nutcase with an history of abuse by others which probably made her that nutcase. then she probably should be locked up for life as a dangerous mental patient.

 

but would that kind of life sentence in a mental hospital be of any benefit to anybody? brain damage can't be healed, does she have significant relatives for who her presence is important ? (thinking about parents or children here, but from my understanding of the description of the case there are none)

does this woman have enough moments of lucidity to contribute something of significance to society, or even just have the capacity to enjoy some of her moments?

 

in her particular case, I'd say the execution or imprisonment in a mental ward wouldn't make much of a difference, except the latter solution costing more.

either decision wouldn't cause me to lose sleep over it.

[Sujo]

17 minutes ago, tgw said:

from an ethical standpoint, this case is on the edge.

 

she's described as a nutcase with an history of abuse by others which probably made her that nutcase. then she probably should be locked up for life as a dangerous mental patient.

 

but would that kind of life sentence in a mental hospital be of any benefit to anybody? brain damage can't be healed, does she have significant relatives for who her presence is important ? (thinking about parents or children here, but from my understanding of the description of the case there are none)

does this woman have enough moments of lucidity to contribute something of significance to society, or even just have the capacity to enjoy some of her moments?

 

in her particular case, I'd say the execution or imprisonment in a mental ward wouldn't make much of a difference, except the latter solution costing more.

either decision wouldn't cause me to lose sleep over it.

But if she is nuts it will give professionals a chance to study her are maybe in future find cures. Executing crazy people does not solve such issues.

[Sujo]

1 hour ago, Thomas J said:

Notice the women was sentenced back in 2007.  How much time does she need to get her case ready.  That is the trouble with those who say that capital punishment is not a deterrent.  No it sure is not when a significant portion of those sentenced to death die from natural causes while awaiting their sentence be carried out.  Contrast that to Singapore where if you are convicted of a crime that warrants the death penalty you get one review to see if the trial was handled properly and to appeal.  If that appeal fails the sentence is carried out in weeks not decades. 

One should never rush to the executioner. Many have been wrongfully killed. Advances in science has seen guilty verdicts overturned. Also the courts are understaffed so those in jail go to the back of the line.

[Sujo]

16 hours ago, stevenl said:

What would happen in a non death row case, if a lawyer can't meet a deadline due to illness because of a raging pandemic? Wouldn't postponement be the outcome?

Generally yes.

[stevenl]

5 hours ago, Sujo said:

Generally yes.

So with a death row case all the more reason to grant a postponement.

[Dagfinnur Traustason]

7 hours ago, IAMHERE said:

I'd say you are right, if she were a regular person. She is a psychopathic murderer. To kill a pregnant woman and cut out the baby; that's not what an ordinary person does.

Who is to say prison isn't a piece of cake for her, not punishment at all. Sounds from her pre prison history that jail is a pretty decent place for her, more a paid staycation than punishment for her. 

Her guilt isn't contested, eyes being dotted and Tee's crossed shouldn't prevent her death sentence from being carried out. 

Fair enough! For all those that believe death sentence is the way to go. Life in psychiatric ward, full with medication in isolation sounds like a much better punishment in my opinion.

 

That's like suffering the rest of her days being alive without knowing or feeling it. If so happens that she starts to be aware of her situation, so much worse for her.

[tgw]

9 hours ago, Sujo said:

But if she is nuts it will give professionals a chance to study her are maybe in future find cures. Executing crazy people does not solve such issues.

 a cure for brain damage?

keeping a team of people busy? who pays that?

[Sujo]

39 minutes ago, tgw said:

 a cure for brain damage?

keeping a team of people busy? who pays that?

Professionals are paid whether she is there or not. You are against taxpayers money being used to further science for which is a public benefit?

[Thomas J]

10 hours ago, Sujo said:

One should never rush to the executioner. Many have been wrongfully killed. Advances in science has seen guilty verdicts overturned. Also the courts are understaffed so those in jail go to the back of the line.

Sujo,

 

I agree one should not "rush" but 13 years is hardly a rush

[tgw]

5 hours ago, Sujo said:

Professionals are paid whether she is there or not. You are against taxpayers money being used to further science for which is a public benefit?

 

no... I want taxpayers' money to be used on projects that have a realistic chance of yielding results, and that also implies focusing the work of the involved professionals.

 

[stevenl]

I just read in a foreign language paper that postponement has been granted for the clemency request, due to her lawyers having contracted covid-19.

[unblocktheplanet]

IMO, the judge is not only heartless but spineless. Might be one of them 'murrican pro-lifers!