Psychiatrist Testifies Montgomery Sane

Oct 19, 10:49 AM

Current Headlines: By Steve Fry

By Steve Fry

THE CAPITAL-JOURNAL

KANSAS CITY, Mo. - When Lisa Montgomery got out of her red Toyota at the Skidmore, Mo., home of Bobbie Jo Stinnett, she slipped off her wedding ring and left it in the car, perhaps so she wouldn't taint it in Stinnett's blood when she killed her and cut the baby from her stomach, a forensic psychiatrist testified Thursday.

Dr. Park Dietz, a rebuttal witness called by the U.S. attorney, was the only witness to testify Thursday during the trial of Montgomery, 39, of Melvern, Kan., who is charged with the kidnapping of Victoria Jo Stinnett resulting in the slaying of Bobbie Jo Stinnett, 23.

On questioning by Assistant U.S. Attorney Matt Whitworth, Dietz chipped away at the insanity defense of Montgomery, who is seeking a not guilty verdict by reasons of insanity in the killing and kidnapping on Dec. 16, 2004.

"It is my opinion within a reasonable medical certainty that at the time of the charged homicide and kidnapping, the defendant did not suffer from a serious mental disease or defect," Dietz testified.

Expert defense witnesses have testified this week that Montgomery was suffering from a severe mental defect, pseudocyesis, a false belief she was pregnant; post-traumatic stress disorder; bipolar disorder; and major depression when Bobbie Jo Stinnett was killed. Montgomery's PTSD stems from physical and sexual abuse she suffered as a child and a teen. Montgomery was in a delusional state and couldn't appreciate the gravity of her actions, defense witnesses have testified.

Prosecutors contend Montgomery drove to Skidmore, entered the Stinnett home using an alias on the pretext of buying a rat terrier puppy and strangled Stinnett, then cut the baby from her stomach before driving back to Melvern, where she claimed the child was hers.

Dietz countered that Montgomery didn't have a mental disorder causing her to believe she was pregnant in 2004. Montgomery, who was sterilized in 1990, had told her husband, children, other family members and friends she was pregnant and would deliver the child within days of when Stinnett was killed and her baby was kidnapped.

"I concluded the defendant malingered her 2004 pregnancy," Dietz testified.

Montgomery knew her actions were wrong, Dietz said. For example, when investigators were questioning her after they found the infant in her arms at her rural Melvern home, she asked them why they were so nice to her considering what she had done. That indicated Montgomery knew what she had done was wrong, Dietz said.

When she arrived at the Stinnett home, she carried in her coat pocket a length of white rope to strangle Bobbie Jo Stinnett and a stainless steel knife to cut out her baby, Dietz said.

"It's total proof this wasn't impulsive," Dietz said.

Dietz said an ultrasound photograph of a baby that Montgomery had copied from the Internet, doctoring it so her name was on it and then showing it to her family, was an important part of the case.

"The ultrasound is one of the most important smoking guns to show this defendant knew she wasn't pregnant in 2004," Dietz said.

Dietz, who is head of Park Dietz and Associates, a southern California firm specializing in forensic psychiatry, has examined thousands of people charged with serious crimes and has been determined to be an expert witness hundreds of times in cases in state and federal courts.

Dietz led a team to evaluate John Hinckley Jr., who shot President Reagan, and has consulted on high-profile cases, including bomber Eric Rudolph; the Washington, D.C., sniper case; Susan Smith, who drowned her two children by allowing her vehicle to roll into a lake; and Andrea Yates, the woman convicted of drowning her five children in a bathtub.

Fred Duchardt, lead defense attorney, questioned Dietz most of Thursday afternoon but hadn't challenged his conclusions that Montgomery wasn't delusional or legally insane at the time of the killing.

The trial resumes at 8:45 a.m. today when Duchardt resumes questioning Dietz. Closing statements are expected Monday .

Steve Fry can be reached

at (785) 295-1206

or steve.fry@cjonline.com.

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