Daniel Ayers of McCallum Petterson, an accounting firm in Auckland, developed the original Windows-compatible software. The FBI went to the source and asked the New Zealand computer expert to modify the software to work on an iMac.
Ayers was not new to serious crime investigations. He aided law enforcement in abduction and drug trafficking cases in his country and in a murder in Canada. It was his first encounter with a case in the United States, but he plunged in with vigor and determination. Soon authorities had the tool they needed to penetrate any secrets lurking on Lisa’s hard drive.
On December 23, Lisa appeared in court again. Under her orange jumpsuit, she wore a dark blue sweatshirt. She sat between her lawyers biting her lips and tugging on her shirt.
When Magistrate Judge Waxse asked her to-consent to waive hearings in Kansas, she nodded her head. Waxse asked her to respond out loud. Her voice broke as she said, “Yes”—the only word she uttered during this hearing.
Although her agreement on this point changed the jurisdiction of her case from Kansas City, Kansas, to the Missouri U.S. District Court, Lisa remained incarcerated in the federal penitentiary in Kansas.
On Christmas Day, Patty and Gene Day hosted a dinner party in honor of their great-granddaughter Victoria Jo Stinnett’s first Christmas. Grief-stricken family members tried to focus on the joy of Tori Jo, but the memory of her mother hung heavy in the air.
On December 27, at 2:30 P.M., Lisa entered court again—this time in a different state with a new judge—Chief Magistrate John T. Maughmer. She was dressed again in the orange coverall with the dark blue sweatshirt—the outfit accessorized with chains on her hands and feet. Her demeanor was subdued—her voice soft.
Maughmer questioned her to determine whether or not she qualified for a public defender. “Do you have a job?”
“I did,” Lisa said.
“How often are you paid?”
“Once every two weeks.”
“What type of vehicle do you own?”
“A 1986 Isuzu Trooper.”
“How many children do you have?”
“Four.”
“Can you read and write?”
“Yes,” she said.
After ruling that she was qualified, the judge appointed Anita Burns and David Owen to represent her. The prosecutors informed the court that Nodaway County prosecuting attorney David Baird would be co-counsel and requested that the judge deny bond for Lisa Montgomery. He postponed a decision on that matter until after the New Year. In less than ten minutes, her first appearance in a Missouri courtroom was over.
On January 7, the judge denied the defense request to release their client on bail. He said that there was no set of conditions that could be placed on Montgomery that would be sufficient to ensure the safety of others.
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The courts granted custody of Lisa’s four children to Carl. Kevin wanted them all to stay with him. Three of the children chose to live with their biological father. The oldest, Desiree, however, elected to stay with Kevin in Melvern to finish her senior year in high school. She continued managing the basketball team and getting good grades. The student body had not ostracized her as she had feared, but embraced her as a victim and a friend. After the school year ended, she still remained in Melvern and—with the community’s financial help—attended college classes in Emporia.
Desiree went to see her mother in prison as often as she could, but a suicide watch was in place and that often prohibited Lisa from having any visitors. Visits with Lisa helped her to cope with the new reality of her life.
Kevin, though, was lost. He did not cope well at all. He found it very difficult to accept the reality of the woman he married. He avoided talking whenever possible and carried the demeanor of a widower—grieving the loss of a woman he thought he knew and the illusion of a daughter who existed only in his heart.
The townspeople provided as much emotional support and encouragement as they could, too—to both Desiree and Kevin. The ceaseless baying of the media and the unending train of curiosity seekers drove Kevin from his home and away from the rooms filled with memories of the Lisa he thought he knew. In January, he and Desiree moved into the modest home of Roger and Joy just blocks away from downtown Melvern.
Kevin kept paying the rent on the farmhouse through April as if that act would transform the last few months into nothing but a dreadful nightmare and allow him to return to the life he knew before December 16. Without that miracle, he could not bear to walk through the door of his former home on South Adams Road. Roger and Joy took charge of cleaning up and clearing the house before turning the key back to Isabel Phelon.
Zeb Stinnett was numb, too. With quiet dignity, he accepted awkward expressions of sorrow and gifts of sympathy. On Bobbie Jo’s website, he watched emails that once sent wishes for the safe return of his baby morph into condolences and promises of prayer. Zeb withdrew from the public eye.
The second week of January, the grand jury convened in Kansas City, Missouri. The prosecutor alleged that Lisa Montgomery killed Bobbie Jo Stinnett in “a heinous, cruel and depraved manner” and that the murder included torture and physical abuse. Thirty-two jurors and three judges listened to the testimony about the crime. When Sheriff Espey took the stand, his description of the attack on Bobbie Jo caused six jurors to cry out loud.
Espy turned to a judge, questioning the necessity for his graphic recounting of the events on Elm Street.
A judge said, “You’ve got to tell it like it is.”
Espey continued his gruesome tale of strangulation and brutal amateur surgery accompanied by a backup chorus of sobs. The only other witness at the hearing was Special Agent Kurt Lipanovich from the FBI.
U.S. Attorney Todd Graves focused the jurors’ attention on the definitions in their manual. “ ‘Heinous,’ ” he read out loud, “means extremely wicked or shockingly evil, where the killing was accompanied by such additional acts of torture or serious physical abuse of the victim as to set it apart from other killings.
“ ‘Cruel’ means that the defendant relished the killing or showed indifference to the suffering of the victim, as evidenced by torture or serious physical abuse of the victim. ‘Depraved’ means that the defendant relished the killing or showed indifference to the suffering to the victim, as evidenced by torture or serious physical abuse of the victim.
“ ‘Torture,’ ” he continued, “means the victim must have been conscious of the abuse at the time it was inflicted, and the defendant must have specifically intended to inflict severe mental or physical pain or suffering on the victim, in addition to the killing of the victim.” He argued that torture could apply in this case, since Bobbie Jo may still have been alive when Lisa cut the baby out of her body.
The grand jury returned an indictment charging that Lisa Montgomery a/k/a Darlene Fischer “willfully and unlawfully kidnapped, abducted, carried away, and held Victoria Jo Stinnett, and willfully transported Victoria Jo Stinnett in interstate commerce from Skidmore, Missouri, across the state line to Melvern, Kansas, the actions of the defendant resulting in the death of Bobbie Jo Stinnett.”
The indictment went on to cite eleven special findings including “participation in an act that constituted a reckless disregard for human life,” the death and injury of Bobbie Jo Stinnett in the commission of another crime, the “especially heinous, cruel and depraved manner” of that killing, the existence of “substantial planning and premeditation,” and the vulnerability of both of the victims—one for her young age, the other for her pregnancy.
The new indictment replaced the criminal complaint originally filed with U.S. Magistrate Judge Sarah Hayes on December 17 by FBI Special Agent Craig Arnold to incarcerate Lisa. The grand jury ruling now provided the authorization to keep Lisa behind bars.
“The wording of this indictment,” Graves said, “lays the groundwork for the pursuit of the death penalty.” The final decision of that matter was not up to the local federal prosecutor’s office, though. “It
’ll take months to go through that process. That is a decision that will be made by the Department of Justice as a whole, and at the highest level of the Department of Justice.” The final approval of that decision required the signature of no one less than the Attorney General of the United States. “The nature of these charging documents,” Graves said, “is to protect our opportunity and our option to seek the death penalty.”
When asked about the possibility of charges being filed against Kevin Montgomery, Graves said, “The investigation is ongoing. I do not anticipate any other charges against this defendant, but I will not rule out charges against other potential defendants.”
Swarmed by the media, a weary Judy Shaughnessy did not offer any excuses for her daughter’s behavior or argue in defense of her innocence. She said, “All her lies were catching up to her. I think the desperation got to her. I did not have any sense she could murder someone. I thought she could maybe steal or buy a child—but not kill to get one.”
Bobbie Jo’s mother, Becky Harper, did not try to hide the seething anger and intense loathing she had for Lisa Montgomery. When she spoke to reporters, she said, “I hope she gets the death penalty. I don’t want to have to pay for her to be in jail.”
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On January 20, 2005, Lisa Montgomery returned to court for her formal indictment on federal charges that made her eligible for the death penalty. The jingle of the chains at her wrists and ankles preceded her into the chamber.
Her face was flat, slack and empty. Any small flicker betraying her underlying emotional turmoil disappeared as quickly as it arrived. She spoke not a word during her fifteen-minute hearing. Her public defender entered her pleas of not guilty to U.S. Chief Magistrate John Maughmer.
“Has the United States made any judgment as to whether it will seek certification of the death penalty?” Maughmer asked the prosecution.
“The investigation in this case is ongoing,” Graves said. “The final determination will be made by the attorney general. But that is the direction that we are going, and that is our present inclination.”
The judge indicated that the possibility of a death penalty case required that he appoint a third attorney for the defense of Lisa Montgomery. A tentative trial date was set for March 14, 2006.
On February 9, attorneys for the defense and the prosecution met for a scheduling conference in Todd Graves’ office. The state presented a number of items, including the incriminating statements made by the defendant. Lisa’s lawyers admitted their client did not have an alibi, but would instead rely on the defense of general denial—in other words, she would claim she did not do it.
They laid out the basic facts accepted by both sides—including that there was no electronic surveillance and the defendant had no prior criminal record. They reached agreement on when they were required to share particular documents and evidence, on when motions were due in court and regarding what background information needed to be revealed about both lay and expert witnesses. This meeting paved the way for a smooth formal procedure before the judge on February 25. The court proposed that the trial would commence on April 24,2006. The defense countered with a request for an August trial. They were overruled and the calendar was set for April.
Also at that hearing, the defense informed the court that they did not intend to argue that their client was incompetent to stand trial or help in her own defense. They did, however, reserve the right to prepare a defense based on insanity or on diminished mental responsibility.
Many lawyers, forensic psychologists and other court observers felt that it was the only defense with any hope of success. It was an approach taken by only one percent of all defendants in criminal court. The likelihood of its working had diminished to a great extent since John Hinckley was found not guilty by reason of insanity in his trial for the shooting of President Reagan. Potential jurors across the country were hardened by that verdict and defense attorneys were reluctant to use it again.
Current federal law stated that the pursuit of an insanity defense was appropriate if the “defendant as a result of severe mental disease or defect was unable to appreciate the nature and quality or the wrongfulness of his acts.”
Under that definition, the defense had grounds to pursue the plea. The first and most obvious avenue was that Lisa had faked pregnancies on five separate occasions—in at least one, her stomach grew as hard and large as that of a genuine expectant mother. Second was the gruesome nature of the crime. Although the state’s position was that this justified seeking the death penalty, the defense could argue with ease that it proved mental instability in their otherwise law-abiding client. Third was premeditation. Once again, this was an area that the state would argue was a reason to impose the ultimate penalty. Lisa’s attorneys, on the other hand, could use it to demonstrate Lisa’s delusional thinking.
A plea of insanity was a tool Lisa’s public defenders could pull out of their belts at any point—as a pre-trial motion or in the acquittal phase or the punishment phase of the trial. Success before the commencement of the trial could result in the judge throwing out Lisa’s confession. If that occurred, it could impact the outcome of the trial. It is the duty of a jury to determine the facts of the case and to decide if they fit the definition of the charged crime. In doing so, they can consider only the pieces of evidence that the judge deemed legally admissible.
There was good news, though, for those who feared that a potentially dangerous Lisa would be judged insane and be put out on the streets again. A recent study by the American Psychiatric Association demonstrated that defendants found not guilty on these grounds spent as much or more time in custody as those who are convicted and sent to prison.
In the first week of February, Attorney General John Ashcroft prepared to step down from his office and turn the reins of the Justice Department over to his replacement, Alberto Gonzales. He addressed the Heritage Foundation focusing on the importance of the Patriot Act.
He credited that act with facilitating the quick arrest of Lisa Montgomery and the successful recovery of Victoria Jo Stinnett. Without the act, he said, authorities could not have had the instantaneous access to the email on Bobbie Jo’s computer that led them to the perpetrator in record time. The safe return of the abducted infant he said was “a final act of grace in a sad, savage drama.”
Later that week, the United States Senate confirmed the appointment of Alberto Gonzales. He now bore the responsibility for the Department of Justice, including the decision on whether or not to seek the death penalty for Lisa Montgomery.
At Leavenworth Detention Center, Lisa was removed from suicide watch. She was out of her cell on recreation time when a jailer searched her space. In it, he found a letter indicating that she was stockpiling medications for a suicide attempt.
Another search ensued and the hidden prescription drugs were recovered. Also seized from her cell were correspondence and other documents, including a letter to her daughter Desiree that had a “strong suicidal theme.” The U.S. Marshall’s Office turned all those papers over to Judge Maughmer. Anita Burns, assistant public defender, argued successfully that some of the documents should be withheld from the prosecution, since they fell under attorney-client privilege.
But Burns could not conceal the medications or prevent the inevitable outcome of their discovery. A psychiatrist ordered Lisa back on suicide watch. She was placed in a private cell in the medical unit. The prison issued her a “suicide gown” and a “suicide blanket”—both made of a tough, tearresistant fabric that made it difficult, if not impossible, to use in the construction of a noose. All of Lisa’s belongings were removed from her possession and corrections officers were assigned to watch her at all times. After being moved, Lisa cried for forty-five minutes without stopping.
As Lisa languished behind bars, her family members paid for her sins. Patty had a part-time job as an on-site manager for an apartment complex. A perk of that position was the apartment where she lived with her family.
Ac
cording to Judy, a pregnant woman in the complex complained about Patty’s presence there. She was worried that Patty’s “crazy sister” would visit and take her baby. Patty lost her job and was evicted from her home.
Judy said that she received many threatening phone calls. She developed a habit of traveling to a different town to do her shopping to avoid the people who knew her and her family. Now raising Teddy’s little boy Justin, she was determined, she said, “to keep it together for my grandson.”
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While the homicide committed by Lisa Montgomery tore apart the lives of her own family and kept her lawyers busy fighting for her life, another woman obsessed and fantasized about pregnancy. But when she attacked a pregnant woman, the outcome was remarkably different.
Katie Smith grew up in Independence, Kentucky. Some childhood friends remember her as a spirited, fun-loving girl. Her family, however, remembered her panic attacks, which began at an early age. They knew of the hypochondria that led her to believe that she suffered from an ever-changing series of medical problems ranging from fibromyalgia to Crohn’s disease. In junior high school she insisted she was pregnant when she was not. They tried to get help for Katie—tried to liberate her from her delusions and obsessions—but nothing seemed to help.
When Katie was 17 years old, she claimed she had sex with a boyfriend. In the middle of the act, she saw her father’s face supplanted over her lover’s. At that moment, she said, suppressed and repressed memories of childhood sexual abuse emerged. The young man, denied any sexual activity with Katie. In fact, he even denied being her boyfriend at any time.
Katie filed a criminal complaint against her father, Timothy Smith, alleging that he’d molested her from the time she was 7 years old until she was 12. He denied her accusations. Despite his protestations of innocence, he was convicted of first-degree sodomy and sentenced to 20 years in an eastern Kentucky state prison.
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