Alleged confession could shape case in slaying

KANSAS CITY, Mo. -- Attorneys for Lisa Montgomery face an immediate hurdle that could challenge the defense throughout her case: Her alleged confession to killing a pregnant woman and cutting the baby from the victim's womb. Montgomery is due in federal court today, her first appearance before a judge in Missouri. It is just the next step in a long judicial process in which she will likely fight for a declaration of innocence -- and possibly to save her own life. The criminal complaint filed by prosecutors in the gruesome Dec. 16 death of Bobbie Jo Stinnett states that Montgomery confessed to the crime. Montgomery has not yet been assigned a Missouri public defender -- that could come today -- or hired one of her own, but what prosecutors contend is her confession will likely come into play immediately.

Montgomery, 36, of Melvern, Kan., remains detained at a federal prison in Leavenworth, Kan. Prosecutors charged her with kidnapping resulting in death in the strangling of 23-year-old Stinnett, who was eight months pregnant when she was killed. The baby Montgomery is accused of ripping from Stinnett's body survived.

Legal experts said Monday the defense might try to suppress the confession to keep a jury from hearing it. But to do so would require proving it was made improperly -- without an attorney, without understanding the ramifications, or after coercion.

"It's a piece of evidence just like anything else," said Tim Powers, a former prosecutor and judge who is now a defense attorney in Dallas. Powers said Montgomery's defense could look for inconsistencies between the defendant's statements to law enforcement officials and forensic evidence or otherwise seek to disprove its validity.

"There are a lot of people that admit to crimes that they did not do," he said.

Still, defense attorneys agree it would be hard to convince a judge to remove altogether an apparent confession from a possible trial.

"It's difficult to suppress a confession," said Tom Mills, a longtime Dallas defense attorney. "It's extremely difficult."

If the alleged confession is allowed to remain, its context will determine how the defense proceeds.

"If it shows clear remorse, you may be able to utilize it in a way that appears to make somewhat horrific conduct seem somewhat more palatable," said Joel Hirschhorn, a Miami criminal defense attorney who was formerly president of the American Board of Criminal Lawyers.

Montgomery's case is in its infancy. Her appearance Tuesday is followed by one Thursday to determine whether she will remain behind bars.

Still to come is the convening of a grand jury and the subsequent possibility of an indictment, which would take the place of the criminal complaint and possibly contain different charges and additional defendants.

Grand juries typically meet about once a month in Kansas City, said Don Ledford, a spokesman for the U.S. attorney's office. It's expected that Montgomery's case would be considered in early 2005.

After the indictment, provided a grand jury agrees with prosecutors and Montgomery remains a defendant, she would make another court appearance. Only after that would an arraignment be held and Montgomery be given the chance to enter her plea.

If it's not guilty, the case would go to trial.