‘Womb raider’ killer Lisa Montgomery (Image: Wyandotte County Sheriff’s Depar)
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The US Supreme Court has overturned the decision to delay the 'womb raider' killer Lisa Montgomery's execution.
Judge James Patrick Hanlon had granted the 52-year-old a stay of execution on mental health grounds just hours before she was due to die on Tuesday.
His decision was based on evidence that she was unable to understand the government's reasons for her execution.
However, that has been quickly overturned by the higher court, although it is not clear when Montgomery will now be executed.
It means the only woman on America's death row could become the final execution of Donald Trump's presidency.
In 2004 Montgomery strangled mum-to-be Bobbie Jo Stinnett to death, before cutting out and kidnapping her unborn baby.
Mum-to-be Bobbie Jo Stinnett was murdered by Montgomery
'Womb raider' killer's execution halted just hours before she was due to die
Womb raider killer just hours from execution on Trump's last-minute death list
She then tried to pass off the newborn as her own before being arrested and three years later found guilty of kidnapping, resulting in death and put on death row.
Judge Hanlon's decision to block her execution had been upheld by the US Court of Appeals for the District of Columbia circuit before being overruled.
Montgomery's lawyer, Kelley Henry, 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," Ms Henry said in a statement.
After the execution was stayed yesterday, the lawyer had said: "Mrs Montgomery is mentally deteriorating and we are seeking an opportunity to prove her incompetence."
Montgomery's lawyers say she is mentally unwell
(Image: via REUTERS)
Ms Henry had asked for Trump's clemency, saying the inmate committed her crime after a lifetime of abuse which had left her without proper mental capacity.
For many, despite her guilt never being in question, the taking of Montgomery's life will mark a turning point in the America’s lethal legal system.
Ten of thousands of Americans feel to kill her will be an injustice on top of an injustice after she was systemically failed by the Government, her family and society.
Terre Haute prison, Indianapolis where Lisa Montgomery is due to be executed
(Image: Daily Mirror/Andy Stenning)
Few could imagine the truly horrific upbringing she endured during which she was repeatedly raped, forced into child prostitution and sadistically treated throughout.
The last federal executions of women, both in 1953, were of Bonnie Heady, killed in a gas chamber in Missouri, and Ethel Rosenberg.
Montgomery, due to be put to death at Terre Haute prison, Indianapolis, will be only the fifth woman to die in a federal execution in history if she is not reprieved.
A pregnant Bobbi Jo Stinnett at a dog show
(Image: Internet Unknown)
The inmate ended up on death row following the events of December 16, 2004, when she drove from Kansas to the home of Bobbie Jo Stinnett, in Skidmore, Missouri, purportedly to purchase a puppy.
“Once inside the residence, Montgomery attacked and strangled Stinnett – who was eight months pregnant – until the victim lost consciousness,” the Department of Justice says.
“Using a kitchen knife, Montgomery then cut into Stinnett’s abdomen, causing her to regain consciousness. A struggle ensued, and Montgomery strangled Stinnett to death.
Baby Victoria Jo and father Zeb in 2005
(Image: Internet Unknown)
"Montgomery then removed the baby from Stinnett’s body, took the baby with her, and attempted to pass it off as her own."
The baby was returned to her father, after being recovered from Montgomery. Incredibly, the child survived and was brought up by her dad Zeb.