Misplaced Pages

Revision as of 10:05, 13 January 2021

This article may be affected by the following current event: Execution of Lisa Montgomery. Information in this article may change rapidly as the event progresses. Initial news reports may be unreliable. The last updates to this article may not reflect the most current information. Please feel free to improve this article (but note that updates without valid and reliable references will be removed) or discuss changes on the talk page. (January 2021) (Learn how and when to remove this message)

Bobbie Jo Stinnett (December 4, 1981 – December 16, 2004) was a pregnant 23-year-old American woman found murdered in her home in Skidmore, Missouri. The perpetrator, Lisa Marie Montgomery, then aged 36, strangled Stinnett from behind and removed Stinnett's unborn child, eight months into gestation, from her womb. The child was safely recovered by authorities and returned to the father.

Montgomery was tried and found guilty in 2007. She was executed by lethal injection on January 13, 2021, after exhausting the appeals process. Montgomery was the first female federal inmate in 67 years to be executed by the United States federal government.

Investigation results

Bobbie Jo Stinnett was eight months pregnant with her first child. She and her husband ran a dog-breeding business from their residence. Montgomery met Stinnett online in a Rat Terrier chatroom called "Ratter Chatter".

It is known that Stinnett was expecting the arrival in Skidmore, Missouri, of prospective buyers for a terrier at about the time of her murder. Montgomery told Stinnett that she, too, was pregnant, leading to the two women chatting online and exchanging e-mails about their pregnancies. Additionally, there was no sign of forced entry. Authorities now believe that Montgomery, posing as customer "Darlene Fischer", arranged to visit Stinnett's house on that day. On December 16, 2004, Montgomery entered the house, strangled Stinnett, and cut the premature infant from her womb.

It was speculated that Montgomery's motivation stemmed from a miscarriage she may have suffered and subsequently concealed from her family. How or whether Montgomery had recently become pregnant is unclear. Montgomery's former husband has since told authorities that she underwent a tubal ligation in 1990, and that she had a history of falsely telling acquaintances that she was pregnant.

The case

Stinnett was discovered by her mother, Becky Harper, in a pool of blood about an hour after the assault. Harper immediately called 9-1-1. Harper described the wounds inflicted upon her daughter as appearing as if her "stomach had exploded". Attempts by paramedics to revive Stinnett were unsuccessful, and she was pronounced dead at St. Francis Hospital in Maryville.

The next day, December 17, 2004, Montgomery was arrested at her farmhouse in Melvern, Kansas, where the newborn had been claimed as her own and was recovered. The day-old baby was placed in the custody of her father. The quick recovery and capture was attributed to, in part, the use of forensic computer investigation, which tracked Montgomery and Stinnett's online communication with one another. Both bred rat terriers and may have attended dog shows together. The later investigation was also aided by the issuance of an AMBER alert to enlist the public's help. The alert was initially denied because it had never been used in an unborn case and thus there was no description of the victim. Eventually, after intervention by Congressman Sam Graves it was implemented. When authorities went to speak to Montgomery they found her in the living room holding the baby and watching television with the AMBER alert flashing on the screen. DNA testing was used to confirm the infant's identity.

Perpetrator

Lisa Montgomery
Born	Lisa Marie Montgomery (1968-02-27)February 27, 1968 Melvern, Kansas, U.S.
Died	January 13, 2021(2021-01-13) (aged 52) USP Terre Haute, Terre Haute, Indiana, U.S.
Cause of death	Execution by lethal injection
Criminal status	Executed
Spouse	Kevin Montgomery
Criminal charge	Kidnapping resulting in death
Details
Date	December 16, 2004
Country	United States
State(s)	Missouri
Date apprehended	December 17, 2004

Lisa Marie Montgomery (February 27, 1968 – January 13, 2021) resided in Melvern, Kansas, at the time of the murder. She was raised in an abusive home where she was allegedly raped by her stepfather for many years. She sought escape mentally by drinking alcohol. When Montgomery was 14, her mother discovered the abuse, but reacted by threatening her daughter with a gun. She tried to escape this situation by marrying at the age of 18, but both the first marriage and a second marriage resulted in further abuse. In police interviews, Montgomery said she was attracted to the S&M scene and that she "liked taking the whip".

Montgomery had four children before she underwent a tubal ligation in 1990. Montgomery falsely claimed to be pregnant several times after the procedure, according to both her first and second spouses.

Trial and ruling

Montgomery was charged with the federal offense of "kidnapping resulting in death", a crime established by the Federal Kidnapping Act of 1932, and described in Title 18 of the United States Code. If convicted, she faced a sentence of life imprisonment or the death penalty.

At a pre-trial hearing, a neuropsychologist testified that head injuries, which Montgomery had sustained some years before, could have damaged the part of the brain that controls aggression. During her trial in federal court, her defense attorneys, led by Frederick Duchardt, asserted that she had pseudocyesis, a mental condition that causes a woman to falsely believe she is pregnant and exhibit outward signs of pregnancy. According to The Guardian, Duchardt attempted to follow this line of defense only one week before the trial began, after being forced to abandon a contradictory argument that Stinnett was murdered by Montgomery's brother Tommy, who had an alibi. As a result, Montgomery's family refused to co-operate with Duchardt and describe her background to the jury.

Dr. V. S. Ramachandran and MD William Logan gave expert testimony that Montgomery had pseudocyesis in addition to depression, borderline personality disorder, and post-traumatic stress disorder. Ramachandran testified that Montgomery's stories about her actions fluctuated because her delusional state fluctuated, and that she was unable to appreciate the nature and quality of her acts. Both federal prosecutor Roseann Ketchmark and the opposing expert witness forensic psychiatrist Park Dietz disagreed strongly with the diagnosis of pseudocyesis.

On October 22, 2007, jurors found Montgomery guilty, rejecting the defense claim Montgomery was delusional. On October 26, the jury recommended a death sentence. Judge Gary A. Fenner formally sentenced Montgomery to death. On April 4, 2008, a judge upheld the jury's recommendation for death.

Duchardt's aforementioned pseudocyesis defense, Montgomery's past trauma and separate diagnoses of mental illness were not fully revealed to the jury until after her conviction, by her appeals team. This led critics, including Guardian journalist David Rose, to argue that Duchardt provided an incompetent legal defense for Montgomery. Fenner required Duchardt to be cross-examined in November 2016. Duchardt rejected all criticism and defended his conduct.

Subsequent legal proceedings

On March 19, 2012, the U.S. Supreme Court denied Montgomery's certiorari petition. Montgomery, who was registered for the Federal Bureau of Prisons under number 11072-031, was as of 2017 incarcerated at Federal Medical Center, Carswell in Fort Worth, Texas, where she would remain until she would be transferred to the site of her execution. For a long time, she had been the only woman with a federal death sentence.

Experts who examined Montgomery after conviction concluded that by the time of her crime she had long been living with psychosis, bipolar disorder, and post-traumatic stress disorders. She was said to be often disassociated from reality and to have permanent brain damage from numerous beatings at the hands of her parents and spouses.

Montgomery's scheduled execution on December 8, 2020, by lethal injection at the U.S. Penitentiary in Terre Haute, Indiana, was delayed following her attorneys' contracting COVID-19. On December 23, 2020, Montgomery was given a new execution date of January 12, 2021. U.S. District Court Judge Randolph Moss found that "the director's order setting a new execution date while the Court's stay was in effect was 'not in accordance with law,'" prohibiting Montgomery's execution to be rescheduled until January 1, 2021, at the earliest. On January 1, a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit vacated Moss's ruling, effectively reinstating Montgomery's execution date of January 12. On that date, federal judge Patrick Hanlon granted a stay of her execution on the grounds that her mental competence must first be tested as it could be argued she did not understand the grounds for her execution, per the Eighth Amendment to the U.S. Constitution. The stay was then vacated by the Supreme Court via a 6-3 vote the execution was ordered to be carried out right after this.

Execution

Montgomery was executed by lethal injection on January 13, 2021, at the federal prison complex in Terre Haute, Indiana. She was pronounced dead at 1:31 a.m. (EST). When asked if she had any last words she replied "No." Shortly after her death, her lawyer released a statement stating that "The craven bloodlust of a failed administration was on full display tonight. Everyone who participated in the execution of Lisa Montgomery should feel shame."

Montgomery was the first female federal prisoner executed in 67 years. Only three other women have been executed by the U.S. federal government: in 1865, Mary Surratt, by hanging; in 1953, Ethel Rosenberg, by electric chair; and – also in 1953 – Bonnie Heady by gas chamber.

Popular culture

The case was described in the books Baby Be Mine, by author Diane Fanning, and Murder in the Heartland by M. William Phelps. The case was also featured in an episode of the true crime series Deadly Women titled "Fatal Obsession", and in the fifth episode of the documentary series No One Saw a Thing that aired on the Sundance Channel on August 29, 2019.

See also

• Capital punishment by the United States federal government
• Disappearance of Branson Perry, Stinnett's cousin, in 2001
• Dustin Higgs
• Fetal abduction
• Internet homicide
• List of offenders executed in the United States in 2021
• List of people executed by the United States federal government
• List of women executed in the United States since 1976

References

1. Parker, R. J.; Slate, J. J. (September 14, 2014). "Social Media Monsters: Internet Killers". Rj Parker Publishing, Inc. Retrieved January 13, 2021 – via Google Books.
2. ^ Hollingsworth, Heather (December 22, 2004). "Husband thought stolen baby was his". The Guardian.
3. Smolinski, Paulina (January 12, 2021). "Federal government conducts its first execution of a woman since 1953". cbsnews.com. CBS News. Retrieved January 13, 2021.
4. ^ Michale Balsamo (October 18, 2020). "Feds to execute a woman for the first time in more than six decades". USA Today. Retrieved October 18, 2020.
5. ^ Oppenheim, Maya (October 18, 2020). "Lisa Montgomery: Woman who cut pregnant woman's body open to become first female prisoner executed in 67 years". The Independent. Retrieved October 18, 2020.
6. ^ Kinzer, Stephen (December 18, 2004). "Baby Found in Kansas Is Thought to Be That of Slain Woman". The New York Times. ISSN 0362-4331. Archived from the original on December 1, 2017. Retrieved November 25, 2017.
7. "Law Center: Couple allegedly showed off kidnapped baby; Dad united with daughter". CNN. December 20, 2004. Archived from the original on November 5, 2012. Retrieved April 27, 2009. The Internet chat room "Ratter Chatter," a haven for rat terrier lovers in cyberspace, was overwhelmed with responses from its users...
8. ^ Dwyer, Kevin; Fiorillo, Juré (November 6, 2007). True Stories of Law & Order: SVU: The Real Crimes Behind the Best Episodes of the Hit TV Show. Penguin Group. ISBN 9781101220429.
9. "Baby found alive; woman arrested". CNN. December 18, 2004. Archived from the original on January 20, 2005. Retrieved July 14, 2019.
10. Associated Press (October 10, 2007). "Accused Killer of Pregnant Kansas Woman Showed Off Extracted Baby as Own". Fox News. Retrieved July 14, 2019.
11. Hart, James (October 4, 2007). "Bobbie Jo Stinnett's mother testifies about finding her daughter's body". Crime Scene KC. Archived from the original on August 18, 2009. Retrieved November 25, 2017.
12. Sudekum Fisher, Maria (October 4, 2007). "Trial of Baby Cut From Womb Begins". The Washington Post. ISSN 0190-8286. Archived from the original on December 1, 2017. Retrieved November 25, 2017.
13. ^ Phelps, M. William (2006). Murder in the Heartland. New York City: Kensington Books. ISBN 9780758217240.
14. ^ Marshall, John (April 8, 2008). "Lisa Montgomery gets death penalty for killing pregnant woman". Southeast Missourian. Archived from the original on November 5, 2013. Retrieved August 16, 2016.
15. "Dad united with kidnapped girl". CNN. December 19, 2004. Archived from the original on October 29, 2007. Retrieved October 24, 2007.
16. Hoppa, Kristin. "First responders remember brutal Skidmore murder". News-Press NOW. Retrieved January 13, 2021.
17. ^ Hollingsworth, Heather (October 10, 2007). "Defendant Accused of Faking Pregnancies". The Washington Post. ISSN 0190-8286. Archived from the original on December 1, 2017. Retrieved November 25, 2017.
18. "Kansas Town Stunned By Kidnap-Murder Case". WKMG-TV. December 19, 2004. Archived from the original on September 22, 2007. Retrieved October 24, 2007.
19. ^ Rose, David (November 24, 2016). "Death row: the lawyer who keeps losing". The Guardian. ISSN 0261-3077. Archived from the original on July 31, 2017. Retrieved November 25, 2017.
20. Summers, Chris (October 1, 2007). "The women who kill for babies". BBC News. Archived from the original on July 15, 2019. Retrieved October 26, 2007.
21. "Jury considers death for convicted fetus thief". NBC News. October 24, 2007. Retrieved October 24, 2007.
22. "United States v. Montgomery, 635 F.3d 1074 (8th Cir. 2011)". Free Law Project. April 5, 2011. Retrieved July 25, 2019. The government's expert, Park Dietz, M.D., agreed that Montgomery suffered from depression, borderline personality disorder, and post-traumatic stress disorder but did not diagnose her as suffering from pseudocyesis.
23. "Doctor cites mental illness in fetus-theft suspect". NBC News. October 17, 2007. Archived from the original on December 1, 2017. Retrieved November 25, 2017.
24. "US v. Montgomery, Court of Appeals, 8th Circuit 2011". Google Scholar. U.S. Court of Appeals. Retrieved August 1, 2017.
25. ^ "US woman guilty of 'womb theft'". BBC News. Archived from the original on June 13, 2017. Retrieved June 2, 2018.
26. "Montgomery Trial: Insanity Argument Called Into Question". St. Joseph News-Press. October 19, 2007. Retrieved July 15, 2019.
27. Hollingsworth, Heather (October 27, 2007). "Pregnant woman's killer deserves death, jury says". The Spokesman-Review. Retrieved July 14, 2019.
28. Mears, Bill (April 4, 2008). "Woman gets death sentence in fetus-snatching murder". CNN. Archived from the original on August 14, 2009.
29. "Lisa M. Montgomery, Petitioner v. United States". Supreme Court of the United States. Retrieved July 14, 2019.
30. "Lisa M Montgomery (inmate entry)". Federal Bureau of Prisons. Retrieved September 19, 2017.
31. Montaldo, Charles (April 7, 2008). "Lisa Montgomery Sentenced to Death". About.com. Archived from the original on June 11, 2011. Retrieved October 3, 2010.
32. ^ The Associated Press (December 25, 2020). "Judge delays execution of only woman on U.S. death row". NBC News. Retrieved December 26, 2020.{{cite web}}: CS1 maint: url-status (link)
33. Rose, David (November 24, 2016). "Death row: the lawyer who keeps losing". The Guardian. ISSN 0261-3077. Archived from the original on July 31, 2017. Retrieved November 25, 2017.
34. "Lisa Montgomery to be first female federal inmate executed in 67 years". The Guardian. October 17, 2020. Retrieved October 18, 2020.
35. Balsamo, Michael (November 19, 2020). "Judge halts federal execution after lawyers contract virus". AP News. Retrieved November 19, 2020.
36. Press, The Associated (November 24, 2020). "Execution rescheduled for only woman on federal death row". KMBC. Retrieved January 13, 2021.
37. "Appeals court vacates order delaying Lisa Montgomery's execution". CBS News. Retrieved January 2, 2021.{{cite web}}: CS1 maint: url-status (link)
38. Carrega, Christina (January 12, 2021). "A federal judge has granted a stay of execution for the only woman on federal death row pending a competency hearing". CNN. Retrieved January 12, 2021.{{cite web}}: CS1 maint: url-status (link)
39. "Lisa Montgomery Is Executed After U.S. Supreme Court Overturns Delay Ruling". Newsweek. January 13, 2021. Retrieved January 13, 2021.
40. ^ Tarm, Michael; Hollingsworth, Heather (January 12, 2021). "US carries out its 1st execution of female inmate since 1953". AP News. Retrieved January 13, 2021.{{cite web}}: CS1 maint: url-status (link)
41. http://1.droppdf.com/files/cy6Or/zero-at-the-bone-the-playboy-the-prostit-john-heidenry.pdf
42. Fanning, Diane (August 29, 2006). Baby Be Mine: The Shocking True Story of a Woman Who Murdered a Pregnant Mother to Steal Her Child. New York City: St. Martin's True Crime. ISBN 978-0312938734. Retrieved July 14, 2019.

External links

• United States of America vs. Lisa M. Montgomery
• U.S. v. Lisa Montgomery – F.B.I. Affidavit in Support of Criminal Complaint
• USA v. Lisa Montgomery Department of Justice Information
• Picture of Stinnett from www.uniontribune.net

• Current events from January 2021
• Violence against women in the United States
• Nodaway County, Missouri
• 2004 murders in the United States
• 2004 in Missouri
• December 2004 events in the United States
• Murder in Missouri
• Kidnapping in the United States
• 2004 in Kansas
• Kidnapping in the 2000s