Bail Denied In Fetus Kidnapping
A federal magistrate issued a written order Friday formally denying bail to a woman accused in the kidnapping of an 8-month fetus from a strangled pregnant woman.
U.S. Magistrate John T. Maughmer said in his order that he found no set of conditions imposed on Lisa Montgomery that would reasonably ensure her appearance in court or the safety of others. He also rejected alternative forms of release for Montgomery such as house arrest and daily reporting.
The order stemmed from a Dec. 30 hearing in which Montgomery did not challenge a pretrial detention motion filed by U.S. Attorney Todd Graves. According to the order, Maughmer based his decision on factors that include the violent nature of the crime.
Montgomery was charged with kidnapping resulting in death. Bobbie Jo Stinnett died in the Dec. 16 attack in her Skidmore, Mo., home. When Stinnett was found, her abdomen had been sliced open, the fetus was missing and the umbilical cord had been cut.
Authorities allege that Montgomery strangled Stinnett at the victim's Skidmore home and took the baby to her home in Melvern, Kan., where she told her husband and children she had just given birth.
The infant, named Victoria Jo Stinnett, survived and is with her father.
Montgomery, 36, has not entered a plea. The case is expected to go before a federal grand jury this month. If the grand jury returns an indictment, Montgomery will be arraigned and will enter a plea at that time.
If convicted, Montgomery could face life in prison or the death penalty.
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Posted by Editor at January 8, 2005 07:50 AM