LISA MONTGOMERY: THE ABUSE, APPEALS AND EXECUTION OF A FEDERAL DEATH-ROW INMATE

The case of Lisa Marie Montgomery remains one of the most closely examined federal death-penalty cases involving a woman in the United States.
Montgomery was convicted for the 2004 killing of Bobbie Jo Stinnett, an eight-months-pregnant woman from Skidmore, Missouri. Prosecutors said Montgomery traveled from Kansas to Stinnett’s home under the pretense of buying a puppy, attacked her and ultimately took the baby from her womb before attempting to present the child as her own.
A federal jury convicted Montgomery of kidnapping resulting in death in 2007 and recommended a death sentence. Her conviction and sentence were subsequently upheld on appeal.
But the case became particularly controversial because Montgomery’s attorneys argued that she had experienced decades of severe abuse and suffered from serious mental illness, raising questions about her competency, her ability to assist her lawyers and whether her execution should proceed.
Despite a series of last-minute legal challenges, Montgomery was executed by the federal government on January 13, 2021, becoming the first woman executed by the U.S. federal government in nearly seven decades.

THE 2004 KILLING OF BOBBIE JO STINNETT
On December 16, 2004, Montgomery traveled from her home in Melvern, Kansas, to Skidmore, Missouri.
The destination was the home of Bobbie Jo Stinnett, who was eight months pregnant.
According to the Department of Justice, Montgomery had planned the attack and used the pretense of purchasing a puppy to gain access to Stinnett’s home.
Once inside, Montgomery attacked Stinnett and strangled her.
Prosecutors said Montgomery then used a kitchen knife to cut into Stinnett’s abdomen and remove the fetus.
The Department of Justice described the crime as a premeditated murder-kidnapping scheme. Montgomery then took the newborn baby with her and attempted to pass the child off as her own.
The infant survived.
Montgomery returned to Kansas with the baby, where she attempted to convince others that she had recently given birth.
The investigation quickly focused on Montgomery after authorities began examining the circumstances surrounding Stinnett’s death and the newborn’s disappearance.

A CHILDHOOD MARKED BY ABUSE
Long before the 2004 crime, Montgomery’s life had been marked by serious trauma.
According to testimony and accounts later presented during litigation, Montgomery experienced physical and psychological abuse during childhood.
A&E reported that family members described her being beaten and subjected to other forms of abuse. She was also reportedly restrained and had duct tape placed over her mouth as a child.
Her attorneys later argued that the abuse had profound effects on her mental health.
They also presented evidence concerning brain abnormalities and psychiatric disorders.
The defense maintained that Montgomery suffered from severe mental illness and had experienced symptoms that affected her ability to understand reality.
Those issues became particularly important during the years leading up to her execution.

MENTAL HEALTH EVIDENCE AT TRIAL
Montgomery’s defense attempted to introduce evidence concerning her mental condition during her federal trial.
Among the evidence discussed was neurological testing, including a PET scan that showed abnormalities in certain areas of her brain.
The defense sought to use expert testimony to connect those findings to Montgomery’s psychiatric condition.
However, the trial court excluded some of the proposed expert evidence.
The U.S. Court of Appeals for the Eighth Circuit later upheld the conviction and death sentence, concluding that the district court had not committed reversible error by excluding the challenged evidence.
The appeals court also rejected other defense arguments, including challenges involving the insanity defense, prosecutorial conduct and the penalty-phase proceedings.

THE FEDERAL JURY RECOMMENDS DEATH
In 2007, a federal jury convicted Montgomery of kidnapping resulting in death.
The jury recommended that she receive the death penalty, and the district court imposed the capital sentence.
Her conviction was subsequently reviewed by the federal appellate courts.
The Eighth Circuit affirmed the conviction and sentence in 2011.
Montgomery then pursued additional post-conviction litigation.
Her lawyers continued to raise questions involving her mental condition, the evidence presented at trial and the fairness of the proceedings.
Ultimately, however, those challenges did not overturn her conviction or death sentence.

THE EXECUTION DATE WAS SET — AND THEN CHALLENGED
In October 2020, the Department of Justice announced that Montgomery’s execution would take place on December 8, 2020.
Her attorneys launched a series of legal challenges seeking to stop or postpone the execution.
One argument involved the ability of her lawyers to prepare a clemency petition while the COVID-19 pandemic was disrupting access to Montgomery and restricting travel.
A federal district court noted that both of Montgomery’s long-serving capital attorneys had contracted severe cases of COVID-19 and that her mental-health experts also faced difficulties meeting with her.
The court considered whether those circumstances interfered with Montgomery’s statutory right to meaningful legal representation during the clemency process.
The litigation resulted in changes to the execution schedule.
QUESTIONS ABOUT HER COMPETENCY
As the execution approached, Montgomery’s mental condition became an increasingly important issue.
Her attorneys argued that she was severely mentally ill and that her condition prevented her from meaningfully understanding the proceedings.
They sought additional evaluations and argued that executing her would violate constitutional protections.
The government disputed those arguments.
The legal question was not simply whether Montgomery had experienced mental illness. Courts also had to consider whether she was legally competent under the applicable standards and whether the evidence justified stopping the execution.
Those issues produced multiple emergency filings during the final days of her life.
THE SUPREME COURT BECOMES INVOLVED
Montgomery’s case ultimately reached the U.S. Supreme Court in January 2021.
The Supreme Court docket shows that her application for a stay of execution was denied on January 12, 2021.
A separate application involving Montgomery was also denied that day.
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan indicated that they would have granted the application in that proceeding.
The decisions cleared the way for the federal government to proceed.
Her lawyers continued pursuing emergency legal remedies even as the execution drew closer.
THE FINAL HOURS
Montgomery’s execution ultimately took place at the federal penitentiary in Terre Haute, Indiana.
On January 13, 2021, the federal government administered a lethal injection.
She was pronounced dead shortly afterward.
Her execution was historically significant because she became the first woman executed by the U.S. federal government since 1953.
The execution also occurred during a period when the federal government had resumed carrying out executions after a lengthy pause.
Between July 2020 and January 2021, the federal government carried out a series of executions under a revised federal execution protocol.
WHY THE CASE REMAINS CONTROVERSIAL
Montgomery’s case continues to generate debate because two very different aspects of her history exist alongside each other.
The first is the crime itself.
Court records establish that Montgomery was convicted of killing Stinnett and kidnapping the infant. Her conviction and death sentence survived direct appellate review.
The second concerns Montgomery’s background.
Her defense presented evidence of severe childhood abuse, psychiatric problems and neurological abnormalities.
Her attorneys argued that those circumstances should have prevented the execution or at least warranted additional consideration of her mental condition.
The courts, however, did not ultimately grant the relief necessary to prevent the execution.
That distinction is important: evidence of abuse and mental illness was part of the litigation, but it did not erase the criminal conviction.
THE FEDERAL EXECUTION MORATORIUM CAME LATER
An important development occurred several months after Montgomery’s execution.
In July 2021, Attorney General Merrick Garland announced a moratorium on federal executions while the Department of Justice reviewed its capital-punishment policies and execution procedures.
The DOJ specifically said the review would examine the federal execution protocol, including questions concerning the use of pentobarbital and the procedures governing federal executions.
The moratorium came after Montgomery’s execution, meaning it did not affect her case.
A CASE THAT CONTINUES TO BE DISCUSSED
Montgomery’s story has remained the subject of documentaries, books, television programs and continuing discussions about the death penalty.
Her case is often examined through several overlapping issues: the treatment of severely mentally ill defendants, the consequences of childhood abuse, competency standards, the federal death penalty and the role of clemency.
Her legal history also illustrates how a capital case can continue for many years after conviction.
Montgomery was convicted in 2007, spent more than a decade on federal death row, pursued numerous appeals and collateral challenges, and ultimately exhausted her remaining avenues for relief shortly before her execution.
LATEST UPDATE
As of October 3, 2026, Lisa Marie Montgomery’s criminal case is concluded. She was executed by the federal government on January 13, 2021, after the U.S. Supreme Court declined to stay the execution.
There is no pending execution proceeding involving Montgomery.
Her case continues to be revisited primarily because of the unusual combination of the crime, her documented history of abuse, extensive mental-health litigation and the constitutional questions raised during her final appeals.
The legal record ultimately established that Montgomery was convicted of kidnapping resulting in death and that her conviction and death sentence were upheld through the federal appellate process.
At the same time, the litigation surrounding her mental health remains an important part of the historical record of the case, particularly because her attorneys repeatedly argued that her psychiatric condition and traumatic history should have affected whether the government could constitutionally carry out the sentence.
OFFICIAL / PRIMARY SOURCES
U.S. Supreme Court — Lisa Marie Montgomery docket