United States v. Montgomery
635 F.3d 1074
| 8th Cir. | 2011Background
- Montgomery kidnapped Bobbie Jo Stinnett, eight months pregnant, and delivered the baby after stabbing and strangling Stinnett; Stinnett died with the fetus in utero during the kidnapping, and Montgomery transported the infant across state lines.
- Montgomery had previously fraudulent pregnancy claims and underwent sterilization; she confronted custody disputes and deceived family and online communities.
- A federal jury convicted Montgomery of kidnapping resulting in death and recommended the death penalty; the district court imposed the death sentence.
- During trial, issues arose over admissibility of brain-imaging evidence (PET/MRI), a unilateral polygraph, and the defense insanity/psychological theories.
- During penalty, arguments included admissibility of expert testimony, prosecutorial conduct, jury instructions, and whether a statutory aggravating factor was proven.
- The court affirmed the conviction and sentence, finding any errors harmless beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether death resulted from kidnapping under § 1201(a) | Montgomery contends Stinnett's death occurred before completion of kidnapping. | Montgomery argues fetus death precludes kidnapping resulting in death. | Death resulted from kidnapping; sufficient causal link shown. |
| Admissibility of brain-imaging evidence (PET/MRI) | PET/MRI abnormalities support pseudocyesis diagnosis; relevant to insanity. | Data unreliable; data production issues; not scientifically valid. | PET evidence harmless; Gur's deeper opinion excluded; MRI evidence properly excluded. |
| Sufficiency of aggravating-factor evidence under § 3592(c)(6) | Offense involved serious physical abuse; supports heinous/depraved finding. | Abuse excessive only to complete kidnapping; arguable insufficiency. | Evidence sufficient to submit aggravating factor to the jury. |
| Penalty-phase rulings and prosecutorial conduct | Arguments about mothering and witness testimony were proper rebuttal. | Some remarks were improper and prejudicial. | Any improper conduct was harmless; instructional scheme upheld; death sentence affirmed. |
Key Cases Cited
- Roe v. Wade, 410 U.S. 113 (U.S. 1973) (pregnant fetus not a person under Fourteenth Amendment)
- United States v. Barraza, 576 F.3d 798 (8th Cir. 2009) (death results when death occurs in course of kidnapping)
- Allen v. United States, 247 F.3d 741 (8th Cir. 2001) (penalty-phase instructions and FDPA interpretation; finality of death imposition)
- Purkey, 428 F.3d 738 (8th Cir. 2005) (harmlessness review for evidentiary errors in death penalty case)
- Ortiz, 315 F.3d 873 (8th Cir. 2002) (standard for reviewing aggravating factors in FDPA cases)