DOJ moves to vacate stay

In vigo county.

A lawyer for the only woman on federal death row is sounding alarms about executions during a pandemic.

Meanwhile... the federal government is appealing a judge's decision to stop 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" -- effective through the end of the year.

That's after member's of montgomery's legal team became sick with covid-19.

The federal bureau of prison's rescheduled the execution for january 12th.

Last week... a judge ruled the government acted unlawfully when it re-scheduled the execution while the "stay" was still in place.

Just yesterday... the government appealed that ruling.

It wants to proceed with the execution january 12th despite the order calling it illegal.

News 10's heather good spoke with lisa montgomery's attorney today.

She's voicing concern about federal executions continuing now -- as covid-19 remains a huge issue.

Heather/newsroo} an attorney for death row inmate lisa montgomery is calling executions during a pandemic "irresponsible."

Vo of zoom intervie} i spoke with kelley henry.

She is one of lisa montgomery's lawyers.

Henry says she is still dealing with the effects of covid-19 after getting sick this fall.

Vo of montgomer} the virus has 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.

Vo of th priso} back in terre haute... henry calls federal executions at the united states penetentiary "super spreader" events citing the "orlando hall" execution when a spiritual advisor and 8 members of the execution team got sick with covid-19 as a result.

So} 11:07:40 - :59 "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."

Vo of montgomer} henry says she would like montgomery to be tested for covid-19 again.

Heather/newsroo} she says she is also concerned about the virus and the use of pentobarbitol.

She says the use of the drug on someone with lungs damaged by covid-19 could feel like a tortuous chemical waterboarding.

In the newsroom, hg, news 10.