Insanity Defense In Stolen Fetus Case
Lawyers Say Woman Who Killed A Friend And Cut The Baby From Her Womb Is Mentally Ill
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Lisa Montgomery (left) and the woman she is accused of killing, Bobbie Jo Stinnett (right). Montgomery is on trial for cutting a baby from the womb of an acquaintance on Dec. 16, 2004. (AP/Nodaway-Holt High School)
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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.
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.



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See all 51 CommentsLisa is a real hottie.
What the *** wrong with people today?
Freakin Janet Reno, Hillary Clinton, Laura Bush, and Condoleeza Rice, rolled into one women. I bet ole'' Micheal Chertoff will break her out of jail to make snuff movies if another natural disaster or false flg operation doesn''t happen soon.
Millions of people grow up in similar, if not the same, environments and can relate experiences that, based on defenses of predators ''caught in the legal system'', should give them permission to go out and prey on defenseless and innocent people in society and walk away free as a bird simply because they were deprived, abused, neglected, etc. growing up. But truth is, millions do grow up in similar, in not the same, environments and go on to be productive and successful citizens in society.
We have got to get beyond giving predators an escape hatch called ''reasons'' when they finally have to account for their actions. There is no excuse for the brutal murder of anyone unprepared for an attack or assault...not insanity or abuse or neglect..nothing. Had Bobbi Jo been able to fight off this predator, Lisa would probably be back out on the streets looking for another unsuspecting victim right now. Predators like this need to be exterminated. Crazy? He11 yes she''s crazy and there is no law that can force her to take medication to keep her sane if she chooses not to take it. The stalking and murdering is planned and intentional...exterminate.
Now we know why ONLY WHITE PEOPLE are abducted by ''aliens'' and anally probed: Their minds and bizarre behaviors are not of this world. LOL
'' ... most disciplinary action goes to kids age 5 & less as they commit most crimes, though are most likely to suffer injury or death as a result of discipline ... ''
'' ... the lord sang scream my name & blame everyone but yourself, & dared kids sang scream our names & blame everyone but yourselfs ... ''
'' ... 300 hike naked dance dressed folk in 300 days to 300 weeks visiting up to 36 sick beds and 36 villages each night dancing get well feed world songs rallied around 100s millions sick beds drifting 10s millions spore bloom weed dragon trail fickle first aid lunch farm cottage studio trail crossing yseedsberry trail groups can assemble 90,000 little museums of medical you are here map song dance skit kit and still squeeze in up to 20 minutes each day of danceing porno get sick tax world songs ... ''
'' ... i threw grown men off backs of dragons to break all their bones, landing them in seaweeds that venomize them to keep them live for surgical recovery, it turned me on ... though they were all volunteers that enjoy that ... but everyone does it now and then, even grown men ... ''
'' ... one little naked girl on a newsdesk and the world is full of naked girls on newsdesks, one little armed dressed boy on a newsdesk, and the world is full of armed dressd boys on newsdesks ... ''
Not ''all'' men are like that, anymore than all ''Blacks'' are like agnim. I was ''spanked'' never beaten (timeout would not have worked on me) and I am glad that I was corrected in a manner fitting to my personality at the time.
You are preaching to the choir when you talk about vision. I was stone blind at the age of two. (cataracts) Johns Hopkins butchered my eyes and I was still nearly blind till the age of five then another Baltimore Doctor, (Angus L. McLean) restored most of the vision in my left eye, the right was a lost cause. I am still blind in one eye, can''t see much out of the other but I get along and can still hit a thumbtack with a 22 cal rifle bullet at 75 feet. I also am able (if necessary) to get around very well even if totally blind, so I don''t sweat it. I just hate that you didn''t have good parents (foster or otherwise)
I 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.
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OH!, as if somebody else had that right? Nobody, And I mean "NOBODY" has the right to do what you did, You''re scum!
SOOOOO...IF IT WAS HER 2ND CHILD ITS OK THEN??? SOUNDS LIKE MOMMY''S A COOKOO CLOCK TOO!!!
DEATH BY LETHAL INJECTION....AND THATS TOO NICE
Statistics say that most women have been sexually abused at some point in their life (I was). The majority of us don''t, however, some 20 years later, feel that that abuse gives us the right to go out and cut a baby from her mother''s womb while claiming something that happened over 20 years ago drove us to that point. It''s ridiculous.
When you''re a child, sometimes very bad things happen to you. It happens, it sucks, but you DON''T let it make you who you end up being. The thing many people nowadays tend to forget is that we all have a CHOICE in what we do and how we live our lives. We alone are responsible for our actions and if we screw up, rather than blaming it on an incident that happened 20 yrs ago, we should be accountable and ADMIT that we screwed up and take the CONSEQUENCES for our actions.
To be continued...
This woman knew FULL WELL what she was doing, when she was doing it and I''m sorry but I refuse to accept the EXCUSE that she did it because her step-father''s treatment of her and her siblings over 20 years ago MADE her do it. That''s just assinine. Nobody can reach into your brain and pull some strings to make you do something...you alone are responsible for what you do. She needs to admit what she did, admit that she screwed up and accept the consequences for her actions. The End.
...fine let the daughter go and lock up the mother for allowing this all to happen.
somebody needs to pay for this murder
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Exactly! And the person who needs to pay for it needs to be the person who committed it: Lisa Montgomery. She alone is the responsible party, regardless of her mother''s LACK of mothering...regardless of the abuse. It''s her crime, she owns it, she should pay for it.
I can''t believe such a hideous act of killing and carving up somebody for their baby was humanly possible. The bible says that those who reject God ,will ultimately sink to the lowest forms of life
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
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.
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.
I pray the jury doesn''t have to deliberate long before coming back with a Guilty, Gas Her decision.
TAKE RESPONSIBILITY FOR YOUR OWN ACTIONS AND QUIT BLAMING EVERYONE AND EVERYTHING ELSE AROUND YOU!!!
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