Federal appeals court overturns stay of execution amid coronavirus fears

A federal appeals court late Sunday overturned a lower court’s ruling delaying the execution of Daniel Lewis Lee after one of his victim’s family members raised concerns about the coronavirus.

The ruling by the Seventh Circuit Court of Appeals paves the way for the first federal execution since 2003. Lee is set to be executed Monday night in Terre Haute, Indiana.

“The plaintiffs’ APA claim lacks any arguable legal basis and is therefore frivolous,” the court said in the Sunday ruling.

Lee robbed and murdered an Arkansas gun dealer William Mueller, his wife, Nancy, and their eight-year-old daughter.

The family of Lee’s victims filed a petition to delay the execution saying they wanted to witness the execution but feared traveling during the coronavirus pandemic.

A federal judge had granted their petition, but Sunday’s ruling overturned the stay.

The family said they will appeal the decision to the Supreme Court. But the high court must act by 4:00 pm Monday to stop the execution.

“The federal government has put this family in the untenable position of choosing between their right to witness Danny Lee’s execution and their own health and safety,” Baker Kurrus, an attorney representing the family, said in a statement.

“Because the government has scheduled the execution in the midst of a raging pandemic, these three women would have to put their lives at risk to travel cross-country at this time,” Mr. Kurrus added.

“They will now appeal the Seventh Circuit Court of Appeals’ decision to the U.S. Supreme Court in an effort to seek reversal. My clients hope the Supreme Court and the federal government will respect their right to be present at the execution and delay it until travel is safe enough to make that possible.”

Nancy Mueller’s 81-year-old mother Earlene Peterson filed the complaint along with Ms. Mueller’s sister, niece and cousin. The family members say they oppose Lee’s execution, but want to witness it.

Chief District Judge Jane Magnus-Stinson on Friday sided with the plaintiffs, saying the Justice Department should not put Ms. Peterson’s life at risk with the decision to execute Lewis this month.

“The harm to Ms. Peterson, for example, is being forced to choose whether being present for the execution of a man responsible for the death of her daughter and granddaughter is worth defying her doctor’s orders and risking her own life,” she wrote.