Insanity Defense In Stolen Fetus Case

Lawyers Say Woman Who Killed A Friend And Cut The Baby From Her Womb Is Mentally Ill

(CBS/AP)  The mother of a woman who cut a baby from the womb of an acquaintance she killed testified that she caught her then-husband having sex with her daughter in 1984.

Montgomery, 39, is accused of strangling Stinnett, 23, on Dec. 16, 2004 and using a kitchen knife to cut the baby from her womb.

The baby, Victoria Jo Stinnett, survived and is now almost 3 years old.

Judy Shaughnessy, Montgomery's mother, testified Friday she found then-husband Jack Kleiner having sex with Montgomery in 1984, when Montgomery would have been about 16. She testified as attorneys began building Montgomery's insanity defense.

Lisa Montgomery has pleaded not guilty to kidnapping resulting in the death of Bobbie Joe Stinnett, 23. Her defense team admits she killed Stinnett and took the baby but says it will show Montgomery suffered from mental illnesses, including post-traumatic stress disorder brought on by abuse from her stepfather when she was a teenager.

Several of Montgomery's siblings and step-siblings testified that Montgomery's stepfather abused all of them. Shaughnessy testified about the sexual abuse but acknowledged she never filed a formal police complaint, in part because she said Kleiner had threatened her and the children.

Some of Montgomery's siblings and step-siblings described Kleiner as an alcoholic who often beat them, especially the girls, and said Shaughnessy did nothing to protect her daughters until she divorced him in 1985.

Shaughnessy's daughter, Patty Baldwin, testified that Kleiner would take her into a bathroom, make her pull down her pants and beat her with a belt. Becky Perkey, Montgomery's stepsister, said Kleiner used his fist on her and hit her with a telephone receiver. Teddy Kleiner said his father used a belt on all the children.

Kleiner, of Manhattan, Kan., was too ill to travel to Kansas City. In videotaped testimony, he denied having sex with Montgomery and said he could not remember ever physically abusing his daughters.

Shown a transcript of the divorce proceedings, during which he had admitted some physical abuse, Kleiner said he didn't have a good memory.

David Kidwell, Shaughnessy's nephew, testified that she had told him she believed Montgomery "had brought (the abuse) on herself, that she enticed him."

Pat Brunton, a former social worker for the state of Kansas who was involved in a custody dispute involving one of Shaughnessy's grandsons, also said Shaughnessy told her that Montgomery seduced Kleiner. She called Shaughnessy a manipulative, dishonest woman who pitted her children against each other so that she could be the center of attention.

Shaughnessy testified that her daughter faked several pregnancies since undergoing a tubal ligation after the birth of her fourth child in 1990.

When a man congratulated Shaughnessy on Dec. 17, 2004, for becoming a grandmother again, and said Montgomery had been showing off a new baby in her hometown of Melvern, Kan., Shaughnessy said her first reaction was "she either bought it or stole it."

Montgomery was arrested that evening, a day after Stinnett's killing, and the baby girl was returned to her father.

Shaughnessy cried on the witness stand, saying it upset her because she knew what it was like to be a mother.

"For Lisa to do something like that ... that was Bobbie Jo's first baby, Lisa just had no right to do that," she said.

Prosecutors have said they will seek the death penalty if Montgomery is convicted.

Besides convicting or acquitting her, jurors could find Montgomery not guilty by reason of insanity. If that is the verdict, she would undergo a mental evaluation and a judge would decide if she will be released or committed to a mental institution.

[michellem99-2009]

That is just it. The constution should be clear on killing in cold blood. Sure I was abused in foster home and shut down as out of fear of if I talked they where not believe me as they wanted that state aid. I could never fully trust them.
As women they have to be aware of it if they are not in hospital..True they will do just about anything to keep a man if it means they throw their kids on the state. We have to stop giving girl child baby like dollies as it sends a message they will want a real baby and some are not fit to bear them. We as a people do we fix them so no babies as this woman was and we don''t know why she wanted a child so bad,it is over a man or money..If for health reasons a woman must have an bortion that is her business but than be fixed..

[candy-apple]

Excuses! Excuses! Excuses! Sound like the majority of those on this board are just as tired of hearing them as the rest of the world. As some others here, I was also sexually abused as a child but that does not give me an excuse to do the same to children. The past is no excuse for actions of today.

TAKE RESPONSIBILITY FOR YOUR OWN ACTIONS AND QUIT BLAMING EVERYONE AND EVERYTHING ELSE AROUND YOU!!!

[akpals]

So, Ok she was abused. Ok fine she''s nuts. Do the lawyers she has honestly believe that should make her a free woman. How many abused kids could go around killing people everyday then? I honestly feel sorry for the guy who has to defend this woman.
I pray the jury doesn''t have to deliberate long before coming back with a Guilty, Gas Her decision.

[Krazcarl]

toldyouso21...I agree on this one had a lady was raprd by her dad for 8 years several times a week and the mother claims she never knew he also abused other faimly members is in prison I asked her what she thought she said how could she not have known. She is a lovely lady and incapale of hurting anyone other than poor choices yes there was damage. It may have made it easier but is not the reason. The wierd thing is mom will blow in and play the mother of the year.

[toldyouso21]

"Several of Montgomery''s siblings and step-siblings testified that Montgomery''s stepfather abused all of them. Shaughnessy testified about the sexual abuse but acknowledged she never filed a formal police complaint, in part because she said Kleiner had threatened her and the children. "

MOST women who stay with men they KNOW are sexually abusing their kids--do so out of fear of being alone and losin the financial support. It has little to nothing to do with fearing physical retaliation from the man and usually has more to do with the woman being afraid of making it on her on with kids. Such a woman offers her kids up as sacrifice in order to keep her home life.

Either the woman turns a blind eye and refuses to acknowledge, accept or believe the rapes are occurring OR she blames the kids and believes they encouraged or seduced the man. Most find it almost impossible to accept that THEY failed to protect their kids and that they share heavily in the blame --especially when the abuse is repeated over and over again.

The story now, of the fear--is a cover for allowing it to continue and doing nothing. The real question is--in 1985 did she divorce him or did he just get rid of her? What was the breaking point? It certainly was not seeing her daughter being raped/fvcked by her husband.

[toldyouso21]

use to be against putting a person to death. Not now and this why have their asre sit in prisom living and they know they killed and they won''''t learn and they live their live BE it locked up. They showed no mercy to that they killed and they should not shown mercy. They lost their rights as I see it.
Posted by MichelleM99 at 10:00 PM : Oct 13, 2007

You are absolutely right, Michelle. When people kill on purpose they lose their rights to society or any of the consideration that society gives people. One of those rights it to keep on living. It should be understood by all those who deliberately seek to kill others (as opposed to accidents that kill) if you seek to destroy life--then you should realize you automatically give up your claim to keep living too.

That is only right. The fact that some people are too scared or squeamish about the death penalty and that it takes too long, makes it easy for many people to kill with impunity. If people knew death was immediate, they might reconsider. One thing is for sure--dead people never go back out and hurt anyone else.

[toldyouso21]

Well of course this woman is crazy. She is also evil. Why do we act like crazy people can''t plan things or methodically carry out crimes? Every serial killer can and without a doubt the carnage they do is crazy.
Then again, why do we think crazy people should be excused? The very fact that they are crazy should be grounds for deciding they should not be a part of society.

Why is it that we feel crazy people who kill could get sympathy? I have never understood this.When I was a kid, I asked my mom this very question. (the innocent by reason of insanity defense was really going strong then) my argument was: If the murderer is really crazy, then he will be so far removed from reality, that he will not know we killed him--so why do we hesitate? After all, if the killer is not in his right mind, he''ll never know what hit him/her. LOL

[toldyouso21]

Why is this titled a "Stolen Fetus case" Even more heinous is "murdered mother to be with torn open belly..." Why title it as if the only thing is the stolen fetus--? This was the case of a woman being killed and her baby being cut out of her--they should just call it like it is.

[michellem99-2009]

That woman had to have med traing or some thing to forgive my poor english remove an unborn baby by cutting out and killing the mother to be. Dang barbaric. She looks in the face as mean and cold. Don''t hold her paw.

[michellem99-2009]

i did some digging about God and the us constution. I found it interesting..This nation is not a Christian nation..No where in the constution does it say God,Jesus,The Bible in its text..It has the word religion.