Federal Judge Refuses To Delay Execution Of Montana Killer

A federal judge refused Monday to postpone the May 10 execution of Duncan McKenzie Jr., and a hearing on the convicted killer’s request for clemency from the governor was set for Saturday.

Prison officials continued preparing for what would be Montana’s first execution in 52 years. One administrator said McKenzie appears resigned to his fate.

“He seems to be very accepting of reality … that this is going to take place,” said Mike Mahoney, one of two bureau wardens.

McKenzie, 43, was sentenced to die in 1975 for the kidnapping and torture murder of Lana Harding, who taught in a rural school near Conrad.

Monday’s ruling by U.S. District Judge Charles C. Lovell of Helena will be appealed to the 9th U.S. Circuit Court of Appeals, said lawyer Ronald Waterman.

That will put two requests from McKenzie to delay his execution before the San Francisco court.

Last Friday, Seattle attorney Timothy Ford asked the appeals court to block the planned lethal injection based on a recent U.S. Supreme Court order in a similar Texas case.

The Lovell decision rejected a claim by McKenzie that he should not be executed because his live testimony is needed in lawsuits filed by himself and other maximumsecurity inmates over their treatment by guards after a 1991 prison riot.