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KANSAS CITY, MO (KCTV) -- The woman convicted of murdering a pregnant mother and kidnapping her fetus may be granted a new execution date.

Lisa Montgomery is set to be executed January 12th. But that date is now in question. The US District Court for the district of Columbia ruled her execution date should not have been set while a stay of execution was in place.

Montgomery was granted that stay after key members of her legal team contracted COVID while visiting her in prison.  Lawyers asked for a temporary stay so they could effectively work on her clemency appeals and other legal arguments before the courts.

A judge agreed Montgomery should have more time and granted a stay which remains into effect until December 31st.

Thursday’s ruling is a win for Montgomery’s legal team although it’s unclear how this ruling will impact the current execution date- if the date will be pushed back further or if the Bureau of Prisons will be allowed to simply reset the date and possibly select January 12th.

A further execution delay would be ideal for Montgomery’s team especially if a new date is after January 20th when President elect Biden takes office. He has made it clear he does not support the federal death penalty.

Montgomery’s team is arguing she deserves clemency due to her sexual abuse history and mental illness. 

Case history

Montgomery murdered Bobbie Jo Stinnett back in 2004 in the small town of Skidmore, Missouri. The case made national news because it was so heinous.

Montgomery strangled Stinnett who was 8 months pregnant then cut her open and removed the baby. The infant survived and was recovered the next day at a farmhouse in Melvern, Kansas.

The child is now a 16 year-old teenager and lives with her father.

The Stinnett family has asked for privacy as the execution date draws closer.

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