PETITION FOR EXECUTIVE CLEMENCY
ON BEHALF OF LISA MARIE MONTGOMERY
———
PRESENTED TO PRESIDENT DONALD J. TRUMP
DECEMBER 24, 2020
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
President Donald J. Trump
1600 Pennsylvania Avenue N.W.
Washington, D.C. 20500
Dear President Trump:
Broken before she was born, Lisa Montgomery’s life was filled with torture, terror,
failure, and betrayal. Caretakers, family members, neighbors, schoolteachers, social
workers, counselors, lawyers, and judges — all could have intervened to save Lisa
from the crippling trauma and profound mental illness that overtook her already
damaged brain, culminating in the awful tragedy that took the life of Bobbie Jo
Stinnett. Had just one person intervened, all of this could have been avoided. But
they did not. And so now you are faced with the awesome responsibility of deciding
whether Lisa Montgomery lives or dies. You alone have the power to temper Justice
with Mercy. You alone have the power to protect her children and grandchildren
from more heartache and pain. You alone have the power to join the growing chorus
to end the stigmatization of mental illness. You alone have the power to send a
message to the thousands of women who have been the victim of childhood rape and
trafficking that their pain matters — that they matter — that their lives have value.
You alone write the ending to this story — does it end with more pain? Or does it end
with hope, mercy, and understanding? We pray it is the latter.
It is with this in mind that, on behalf of Lisa Montgomery and her family, we ask
you to use the power granted to you by Article II, § 2 of the United States
Constitution to commute Lisa Montgomery’s death sentence to Life Imprisonment
Without the Possibility of Parole. We are joined in this request by a diverse,
bipartisan coalition of supporters including prosecutors who have prosecuted cases
similar to Lisa’s, former state and federal prosecutors, the nation’s three leading
mental health organizations, advocates for victims of child sexual abuse, advocates
seeking to end violence against women, and over 140,000 citizens who have signed
on to our petition for clemency. We respectfully request that Lisa’s petition for
mercy receive a full investigation as contemplated by the Department of Justice’s
regulations governing these matters. We also respectfully request the opportunity
to make an oral presentation to the Office of Pardon Attorney and to you,
personally.
Our request is supported by numerous supporting documents. We have made those
available to you, your staff, and the Office of Pardon Attorney via dropbox link:
https://www.dropbox.com/sh/x4de8d6853pz61m/AADXip1h6w3uqa7TyH-
7imp6a?dl=0. We prepared a short video in support of our request which you can
view here: https://vimeo.com/493579656. We urge you to listen to Lisa’s Song, an
DECEMBER 24,
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
original piece written by Veronica Cinibulk whose lyrics beautifully capture the
horrifying betrayal of Lisa by those who should have loved and cared for her. It is
available (231) Lisa's Song by Veronica Cinibulk - YouTube.
Appended to this petition is a table of contents to the exhibits we are providing in
support of relief. We are presenting you with as much information as we possibly
can and in the best format we can, given the extraordinarily short timeframe we
had to prepare this document, the challenges of the pandemic, and our own illness
during this time. Respectfully, the fact that William Barr’s Department of Justice
plucked Lisa Montgomery out of sequence to leapfrog her execution over others’ and
schedule her execution on such a short timeframe came as a shock. There are thirty
other death row inmates whose convictions pre-date Mrs. Montgomery’s. See List of
Federal Death-Row Prisoners | Death Penalty Information Center. Given all that is
at stake, all there is to review, and the monumental challenges you face as the
leader of our country, we alternatively request you grant Mrs. Montgomery a
reprieve of her January 12, 2021 execution date so that a full, studied, and thorough
investigation of the issues we raise here and in our attachments can take place.
The truth about Mrs. Montgomery cannot be found in any reported court opinion.
As we discuss below, the Judiciary failed. In the pages that follow, we will try to
share the truth about Lisa and her case. Before we do, it is important to
acknowledge the life and tragic death of Bobbi Jo Stinnett and the on-going pain of
the Harper and Stinnett families. Nothing we say here is meant to bring them more
pain. And we do not mean to suggest that Mrs. Montgomery should not be
punished. She should. We do not make excuses for her actions.
Everything about this case is overwhelmingly sad. As human beings we want to
turn away. It is easy to call Mrs. Montgomery evil and a monster, as the
Government has. She is neither. The harder thing to do is to face all of the facts, all
of the failures, all of the betrayals, and come to a new understanding. With
understanding comes hope. You can do Justice and exercise Mercy at the same time.
Justice in this case is life imprisonment, without parole.
Lisa Montgomery’s Life Has Been Filled With Unimaginable Terror
“Don’t spank me it hurts.” These were Lisa first words, her mother, Judy
Shaughnessy, proudly announced to a defense investigator. Judy was an out-of-
control, mentally unstable, alcoholic when she met John Patterson, Lisa’s father.
She drank throughout her pregnancy with Lisa. We know from science and Lisa’s
brain scans, that Lisa was born with brain damage. John Patterson was also a
heavy drinker and suffered from bipolar disorder. Judy and John had a volatile
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
relationship. John volunteered to go to Vietnam to escape Judy. He left his older
daughter from another marriage, Diane, in Judy’s “care.” When he returned, John
took the children from Judy without her permission. Ultimately, he returned the
children to Judy and abandoned them for good. John Patterson did not see either of
his daughters again until Lisa’s trial. Patterson regrets not remaining in his
daughters’ lives.
Judy’s treatment of the girls was cruel and sadistic. She beat them if the tines of
their forks made a noise on the table. She covered Lisa’s mouth with duct tape. As a
matter of survival, Lisa’s tiny brain learned not to cry when this happened, because
if she cried her nose would become so congested that she felt as if she were
suffocating. Judy forced Diane to eat raw onions, because she knew that Diane did
not like onions. Judy preyed on Diane’s fear of abandonment. She stripped her
naked and pushed her outside in the cold telling her that she was kicking her out of
the house. Leaving Diane to shiver and cry, alone, in the dark. No one called the
police.
Diane and Lisa shared a small bedroom, their beds so close together that they could
reach out and hold each other’s hand. Judy allowed her boyfriends into that
bedroom to rape Diane. Lisa would lie silently in the bed next to Diane. We do not
know when the rapes began, but we do know that Diane was only eight years old
when social services finally rescued her from the hell that was Judy’s home.
Diane vividly recalls the day that the social worker came to get her. Judy leaned
down to whisper in Diane’s ear, “this is all your fault.” As Diane was driven away
the reality that Lisa was not coming with her set in. She began to vomit. She knew
that Lisa would take her place with the faceless men that Judy allowed in the room.
The next time Diane saw Lisa was from the witness stand at Lisa’s trial. Kansas
social services never investigated Judy.
Judy’s cruelty knew no bounds. Her son Teddy describes how, as punishment, she
killed the family dog by beating its head with a shovel while the children looked on.
This sort of behavior instilled in the children the sense that Judy was all powerful
and able to take away anything, or anyone, they treasured. And it would be all their
fault.
Not long after Diane was removed from Judy, Judy married Jack Kleiner. Kleiner
was a vicious, alcoholic, pedophile. A neighbor, Wesley Gann, explained to
investigators that Kleiner terrorized his family. Gann, who was a preacher,
described how Kleiner would stand across the street from Gann’s house on Sunday
mornings and masturbate as Gann and his family left for church. Gann’s daughter
EMBER 24, 2020 3
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
was one year old. Kleiner threatened that he would kill Gann and his wife and take
their daughter for his own. The threats escalated and one day Kleiner tried to
attack Gann with a 4x4. The altercation culminated with Kleiner getting in his
truck and attempting to run over Gann and his nine-year-old son. Gann pressed
charges and moved away. Kleiner received minimal punishment. No one
investigated the home.
Kleiner moved the family from one run-down trailer to the next, finally landing in
an isolated tract of land in Osage County, Oklahoma. There, Jack built a special
room on the back side of the trailer. The only way to enter the room was through a
door on the outside. It was in that room that Lisa was repeatedly raped not only by
her step-father, Jack Kleiner, but also by his buddies and other men who paid Judy
to rape her daughter.
Jack Kleiner began molesting Lisa when she was approximately 11 years old. When
she was a young teenager the molestation turned to rape. During the rapes he beat
her head against the concrete floor of the rape room. He allowed his drinking
buddies to do the same. Reeking of alcohol, these middle-aged men violated her
anally, orally, and vaginally. Jeering at her as they went. Slapping, punching,
beating her. When they were done, they urinated on her like she was trash.
People knew. Linda Baker, a neighbor, told investigators that she knew that
Kleiner had raped Lisa. Mrs. Baker said that Judy believed that Lisa “brought it on
herself.” Though Mrs. Baker recognized that Lisa was scared, Mrs. Baker did not
call the police or social services.
A cousin, David Kidwell, a law enforcement officer knew. Kidwell told investigators
that he could tell something was wrong when he went to visit the family in
Oklahoma. He took Lisa to get a coke so he could ask her what was happening. Lisa
told him what Jack Kleiner and his buddies did to her. Kidwell took Lisa home and
drove back to Kansas where he lived. He did not call the police. He did not call
social services.
The worst betrayal, perhaps, was Lisa’s mother. She prostituted her own daughter.
Today we call that trafficking. She told Lisa she had to submit to these men to “earn
her keep.” The roofer, the plumber, the propane man, and who knows how many
others, each took their turn.
When Judy decided that she was done with Jack and ready to move on to her third
husband, Richard Boman, Judy used Jack’s proclivities to her advantage to get
what little money she could from Jack Kleiner. She made Lisa testify about the
abuse from Kleiner, but ordered her to leave out many important details. Judy did
Se
EMBER 24, 2020 +
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
not want Jack Kleiner to go to prison, because then he could not pay child support.
The judge upbraided Judy Kleiner for her stony demeanor during her daughter’s
testimony and failure to report the abuse to the police. The Judge did not refer Jack
Kleiner for prosecution.
On the advice of her divorce attorney, Judy took Lisa to a few counseling sessions.
The counselor noted Judy’s narcissism and lack of empathy for Lisa. Judy stopped
the counseling sessions when the divorce was finalized. The counselor did not report
Jack Kleiner to the police.
After the divorce trial, Lisa lived with public shame and humiliation. Everyone
knew what Jack had done to her — but no one helped. Lisa began to make plans to
join the military to escape Judy. Judy undermined Lisa’s plans. She pressured Lisa
into a marriage with her step-brother, Carl Boman. Lisa got pregnant and any hope
of escape vanished.
Lisa’s marriage to Carl Boman was a continuing nightmare. He used the knowledge
of what Jack had done to Lisa to humiliate and degrade her. He violently raped her
using inanimate objects. He beat her and forced her into stress positions. And he
recorded all this on video that he showed to his friends. Lisa’s brother, Teddy
Kleiner, confirmed the existence of one such video. He described it as “like
something out of a horror movie.”
Lisa had four children in four years. By this time in her life, Lisa was suffering from
mental illness, alcoholism, severe trauma, and brain damage. When her fourth child
was born, Judy and Carl coerced Lisa into a tubal fulguration under threat of
taking her children. Judy’s and Carl’s threat to take Lisa’s children would become a
consistent theme in her life. No doctor or social worker offered help to Lisa.
Lisa succumbed to her mental illness. She could not function. She did not know
what was real and what was not real. She lived in abject poverty. Though she loved
her children and wanted to be a good mother, she was not. Her behavior became
erratic. One night she woke all the children, poured them into the van, put a diaper
on a pet goat, and drove all night to San Antonio to see the Alamo. Still no one got
her to a doctor for treatment.
Eventually Lisa married Kevin Montgomery and they moved to a farm in Melvern,
Kansas. Kevin was divorced and had three boys. Lisa sank further into an alternate
reality. She fantasized about being pregnant. Soon she started having imagined
pregnancies.
EMBER 24, 2020 5
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
Lisa was so out of touch that she often did not respond to her own name. She
mistook ammonia for vinegar while cooking. Her home was filthy. She could not
dress her children or help them with their hair. Still no one suggested that she seek
psychiatric help.
Lisa’s Mental Illness is Severe, Pervasive, and Debilitating
In the year before the crime, Lisa finally saw a counselor, Sallye Wilkinson. She
was only able to afford a few sessions. The counselor diagnosed Lisa with
Depression and assessed Lisa’s GAF (Global Assessment of Functioning) at 48,
which reflects serious impairment in her ability to function. But this diagnosis was
preliminary and did not begin to explain what was really going on with Lisa.
Since her arrest, Lisa Montgomery has been under constant psychiatric care by jail
or prison psychiatrists. The Marshal who escorted her to court described her as one
of the worst-off inmates he had ever dealt with. An Assistant United States
Attorney observed that she was clearly crazy.
BOP psychiatrists have documented Lisa in an acute psychotic state. BOP has
diagnosed Lisa with bipolar disorder, depression, and post-traumatic stress
disorder. Her medication regimen has changed over time, but she has received anti-
psychotics since 2008. Currently Mrs. Montgomery takes a cocktail of psychotropic
drugs including anti-psychotics. These medications can only do so much. They treat
her symptoms, but they are not a cure.
Mental health professionals with access to all the materials we are providing to you,
provide a fuller picture of Lisa’s mental functioning. Beginning in 2012, when we
were appointed, we began the intensive social history investigation that trial
counsel failed to conduct. Our team interviewed hundreds of witnesses and scoured
every state, county, and city that Lisa lived in (she moved 63 times in 34 years) for
records. Anything to shed light on who Lisa is and how she came to commit this
crime. This investigation provided the fundamental data needed for the
biopsychosocial history. Mental health experts use the biopsychosical information to
understand a patient’s clinical history and presentation.
Although the jury heard some mental health testimony, it was unsupported and so
badly bungled that the Government was able to use it against Mrs. Montgomery.
The extensive medical and mental health history that could have been developed
and presented to the jury is attached to this petition with our materials. It is
important to note that the testimony presented here was uncontested by the
government at the 2016 hearing on Mrs. Montgomery’s postconviction petition; in
fact, the government noted that the report was very well sourced. The proof
DECEMBER 24,
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
establishes that Mrs. Montgomery’s brain was damaged from her mother’s drinking
during pregnancy, multiple head injuries, and the neurobiological impact of the
severe torture that Lisa experienced in her life. Scientific imaging demonstrates
that Mrs. Montgomery’s brain is damaged structurally and functionally.
Neuropsychological data shows that this damage expresses itself in functional
deficits. Neurological evaluations conclude that Mrs. Montgomery suffers from
temporal lobe epilepsy. Further evaluation reveals that Mrs. Montgomery also
suffers from bipolar disorder and complex posttraumatic stress disorder. These
illnesses are layered one on top of the other, and manifest with many of the same
symptoms. The government’s mental health professionals agree. Mrs. Montgomery
is seriously mentally ill.
Key symptoms of Mrs. Montgomery’s illness are dissociation, depersonalization, and
derealization. One of the leading experts on torture, Dr. Katherine Porterfield,
explains in her testimony that children who are experiencing the type of trauma
experienced by Mrs. Montgomery lose contact with reality. This is because what is
happening to them is so terrifying that their mind goes to another place simply to
survive. This all happens at a subconscious level. The part of the brain responsible
for fight or flight takes over to protect the mind. The mind then disconnects from
the body. These people often describe themselves as having experiences where they
are watching what is happening in the room. Sometimes they will describe feeling
as if another person is next to them. For Mrs. Montgomery, these episodes of
disconnecting from her physical being and reality began at a very young age.
If she had received treatment and medication, then this crime would never have
happened. Our country has stigmatized mental disease for centuries. We have not
prioritized mental health treatment. Many who are poor, like Mrs. Montgomery,
cannot afford treatment and medication. Inevitably, we warehouse rather than
treat the mentally ill.
Our country has long recognized that mental illness is a mitigating factor and calls
for a lesser punishment. Our call for clemency on this basis is echoed by the letter
from Stanley Garnett and Harry Zimmerman. Both men prosecuted women for
crimes similar to that committed by Mrs. Montgomery. They write:
We know from first-hand experience that these crimes are inevitably the
product of serious mental illness. Women who commit such crimes also
are likely to have been victimized themselves. These are important
factors that make death sentences inappropriate. We therefore urge you
to commute the death sentence of Lisa Montgomery, a mentally ill and
brutally traumatized woman[.]
ES
DECEMBER 24,
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
800 organizations, scholars, individuals, law clinics, and survivors join together to
urge you to exercise Mercy on behalf of Lisa Montgomery. They write, “Lisa’s
mental illness is inextricable from the crime she committed.” This diverse and
bipartisan group concluded:
Those of us who work in the anti-violence field or have experienced
abuse know that victims of violence are complex, that someone can both
use even horrific violence and nonetheless be a victim of serious trauma.
Lisa suffered horrific physical and sexual abuse and serious trauma
throughout her life, struggled with mental illness, and was a victim long
before she became a defendant. While her experiences of victimization
and mental illness do not excuse her crime, they do help to explain what
otherwise seems unimaginable. Lisa has experienced a lifetime of
punishment and it is now time for mercy.
Leading advocates for people with serious mental illness, the National Alliance of
Mental Illness, Mental Health America, and Treatment Advocacy Center, also
petition you to commute Mrs. Montgomery’s sentence.
As advocates for people with serious mental illness and their families,
we ask that you to commute the death sentence of Lisa Montgomery, a
woman with multiple severe mental illnesses and neurological
disorders. We believe that Ms. Montgomery, who acted in grip of a
psychotic episode, should not be subject to the death penalty due to her
brain damage and severe mental illnesses, and a sentence of life
imprisonment without possibility of release is an appropriate sentence
for her.
A growing number of states are now considering legislation to outlaw the execution
of individuals with severe mental illness. Ohio passed such a bill just a few days
ago. This movement is a recognition that individuals with severe mental illness are
less culpable and to execute them violates our society’s standards of decency. The
execution of this sad, severely traumatized, and mentally ill woman would surely be
a stain on our country.
The Judiciary Failed Lisa Montgomery
The Sixth Amendment of the Constitution guarantees to every citizen the right to
effective assistance of counsel. It is well understood that the representation of
persons charged with a capital offense requires experienced counsel. A capital case
is unique from every other criminal case: a person’s life is on the line. The
Constitution requires heightened due process. In recognition of this fact, the
DECEMBER 24,
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
American Bar Association adopted Guidelines for the Appointment and
Performance of Defense Counsel in 2002. In 2008, the ABA provided further
guidance by adopting the Supplementary Guidelines for the Mitigation Function of
Defense Teams in Death Penalty Cases. These guidelines represent the standard of
care required in every capital case. They are based on years of experience and data
collected by the American Bar Association. Lisa Montgomery’s trial counsel, Fred
Duchardt, a self-described “maverick,” proudly boasts that he does not follow these
guidelines. Trial counsel’s approach to cases such as Mrs. Montgomery’s is
discussed in an article published in the Guardian in 2016, by David Rose titled
“Death Row: The Lawyer Who Keeps Losing.”
Trial counsel’s out-of-the-box thinking included refusing to work with the mitigation
specialist on the case; spending nominal time preparing witnesses to testify in the
penalty phase; failing to recognize that the key witness to his ill-fated insanity
defense was not a licensed mental health professional in this country; and pursuing
an impossible theory that Mrs. Montgomery’s brother was the true culprit, even
though the brother had a rock-solid alibi. Trial counsel’s maverick style included
announcing his insanity defense in open court in front of opposing counsel before
having his client evaluated.
It did not have to be this way.
Mrs. Montgomery’s legal team changed personnel multiple times over the course of
the first two years of her defense. A chart demonstrating the chaotic turnover is
included in the materials. By the summer of 2005, the two lawyers charged with
representing Mrs. Montgomery (AFPD Dave Owen and Susan Hunt) realized that
they were in over their heads. They knew Mrs. Montgomery was severely mentally
ill. They also knew she was incredibly remorseful and willing to accept a plea offer
for life without parole. They knew they needed help to accomplish this goal. They
sought help from one of the country’s most successful capital defense attorneys,
Judy Clarke. Ms. Clarke is known for her meticulous preparation, expertise, and
negotiating prowess. She agreed to help. Ms. Clarke brought two experienced
mitigation experts to the effort. Ms. Clarke’s team immediately got to work and
tried to build a team with the local attorneys and staff.
Egos got in the way. Dave Owen bristled at Ms. Clarke’s leadership of the team. The
FPD lead investigator bluntly stated that he was not “taking any orders from some
damn woman.” Owen went to the Judge and complained about Clarke in a private
meeting. At the conclusion, the judge picked up the phone and called the jail to
inform them that Ms. Clarke no longer represented Mrs. Montgomery and to deny
her anticipated visit that afternoon. Shortly thereafter, the court entered an order
ES
DECEMBER 24,
9
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
to remove Ms. Clarke from Lisa Montgomery’s approved telephone list. Neither
Mrs. Montgomery nor Ms. Clarke knew about the meeting. In her declaration
provided in the materials, Ms. Clarke wrote, “Capital cases are always difficult, but
Ihave managed to work with a number of teams through the tense and exhausting
disputes that inevitably arise when the consequences are life and death, the pace of
work is overwhelming, and the issues complex and multidimensional. The drama
that infected this team was definitely detrimental to the work that we were trying
to accomplish for Lisa Montgomery.” Ms. Clarke candidly explains, “as much as I
tried, I could never figure out how to fix what was wrong, and I deeply regret this
failure.”
Owen’s co-counsel, Susan Hunt, implored the Court to bring Ms. Clarke back into
the case. Owen announced he could now no longer work with Hunt. The Court
instructed Hunt to withdraw. And that is how Lisa Montgomery came to have the
maverick-lawyer-who-keeps-losing appointed as her trial counsel.
There is little doubt that had Ms. Clarke remained on Lisa’s case the information
discussed here and in our supporting materials would have been uncovered. It
would have led to a plea to life imprisonment without the possibility of parole. And
even if it did not, this evidence would have moved at least one juror to vote for a life
sentence, which is all the federal system requires to impose a sentence of life.
Mrs. Montgomery should not be executed because her lawyers could not figure out
how to set their hurt feelings aside and work together for their client.
Mrs. Montgomery’s Sentence Is Disproportionate
The type of crime Mrs. Montgomery committed is rare. Data collected by
researchers at Cornell law school verifies that Mrs. Montgomery is the only person
on death row (state or federal) for such a crime. The data supporting the research is
attached. The reason for this is apparent. As Garnett and Zimmerman explain
“these crimes are inevitably the product of serious mental illness. Women who
commit such crimes also are likely to have been victimized themselves.”
As the 41 current and former prosecutors explain in their letter to you:
Lisa’s experiences as a victim of horrific sexual violence, physical abuse,
and being trafficked as a child do not excuse her crime. But her history
provides us with an important explanation that would influence any
sentencing recommendation we made as prosecutors. Our experience
prosecuting human traffickers and those who commit sex crimes against
children has given us a unique understanding of the profound physical
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
and psychological harm that victims like Lisa suffer. ... We view this
kind of evidence as critically relevant to determining the appropriate
punishment for a serious crime.
Lisa Montgomery Has Shown Remorse and Her Prison Behavior
Demonstrates That She is Not a Danger
Mrs. Montgomery confessed to her crime immediately. She was willing to plead
guilty and accept a life sentence.
Since her incarceration, Mrs. Montgomery has been housed at the Federal Medical
Center where she receives constant psychiatric care. Mrs. Montgomery has a
positive prison record and has the support of many current and former staff.
International Experts Have Called for Mrs. Montgomery’s Execution to Be
Stayed
UN Experts on Violence Against Women; Extrajudicial, Summary or Arbitrary
Executions; the Rights of Persons with Disabilities; Torture and other Cruel,
Inhuman, or Degrading Treatment or Punishment; Extreme Poverty and Human
Rights; and the Working Group on Discrimination Against Women and Girls issued
an unusual joint appeal calling for clemency in Mrs. Montgomery’s case.
“Ms. Montgomery was the victim of an extreme level of physical and
sexual abuse throughout her life against which the State never provided
protection and for which it failed to offer remedies. She suffered from
several mental health conditions which the State failed to care for,”
the experts said.
“Shamefully, Ms. Montgomery’s years of sexual abuse and State’s
neglect were further compounded by the gender discrimination she
faced, pervasive at all stages of the capital proceedings against her.”
The letter from the coalition of UN experts is in your materials and can be accessed
here:
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx? NewsID=26559&L
angID=E.
The Inter-American Commission on Human Rights (IACHR) concluded that Mrs.
Montgomery “is in a situation of serious and urgent risk of irreparable harm to her
rights.” The Commission called on the United States to refrain from carrying out
Mrs. Montgomery’s execution, and to “adopt necessary measures to protect [her]
life.” The IACHR’s Ruling on a Stay of Execution is included in the materials and
a ]
DECEMBER 24, 11
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
can be accessed here: https://www.deathpenaltyworldwide.org/wp-
content/uploads/2020/10/Precautionary-Measures.pdf.
The Inter-American Commission’s ruling came in response to a petition filed by
Cornell Law School’s International Human Rights Clinic. The petition argued that
the United States has violated several international legal obligations in Mrs.
Montgomery’s case, including her right to be free from gender discrimination, her
right to a fair trial, and her right to humane treatment. The petition also argues
that Mrs. Montgomery cannot be executed because of her severe mental illness,
including a dissociative disorder and complex post-traumatic stress disorder.
As you know, the Inter-American Commission on Human Rights is an organ of the
Organization of American States (OAS) that has the power to review violations of
human rights in the United States. The United States has been a member of the
OAS since 1951 and accepts the jurisdiction of the Inter-American Commission in
death penalty cases. The petition filed by the Cornell Clinic is included in your
materials and can be found at https://www.deathpenaltyworldwide.org/wp-
content/uploads/2020/10/IACHR-Petition.pdf.
A Reprieve Is Appropriate Under the Circumstances
Mr. President, you know better than anyone that our country is under siege from
the coronavirus. The pandemic has disrupted life as we know it for every single
American. Executions during a pandemic create the environment for super-spreader
events. We know that multiple staff and a spiritual advisor have tested positive for
the virus after attending executions. It is reported that at least 14 men on federal
death row have confirmed cases — though the number is believed to be as high as 32.
Mrs. Montgomery’s execution stands to put even more people at risk because BOP
has determined that they should fly Mrs. Montgomery from where she is housed in
Fort Worth, Texas to Terre Haute, Indiana for execution. This operation will involve
countless additional personnel placing each of them at unnecessary risk and
potentially expose each of their families and communities. Responsible governance
counsels in favor of canceling executions during a pandemic, as every state in the
union has done. Executions are not essential government operations that must
occur during a state of emergency.
The pandemic has had a direct, negative impact on Mrs. Montgomery’s ability to
pursue her right to clemency. Two of us contracted the virus in the course of our
professional duties on behalf of Ms. Montgomery. We developed serious symptoms
which substantially impaired our ability to prepare Mrs. Montgomery’s case.
Moreover, the threat of infection prevents key expert witnesses from traveling to
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
the prison where Mrs. Montgomery is housed to conduct important evaluations.
These evaluations are critical to Mrs. Montgomery’s defense.
To be clear, the materials we are presenting to you are substantial and provide a
compelling case for clemency. But there is more work to be done. There are
interviews of individuals — such as the prison staff who support her application —
that we could not conduct.
Moreover, the Attorney General created an artificial rush to execution by
scheduling Mrs. Montgomery’s case in such haste. There are important matters
demanding your attention during this crucial time. But this is also an important
matter which deserves thoughtful and considered attention. A brief reprieve would
allow time to carefully weigh the matters presented here.
Commuting Mrs. Montgomery’s Sentence to Life Imprisonment Without
the Possibility of Parole Would Send An Important Message About the
Need to Combat Human Trafficking and to Provide Services for Victims of
Domestic Violence and Sexual Abuse
Human Trafficking is a world-wide epidemic. One hundred organizations who work
to combat human trafficking in the United States and around the world support
Mrs. Montgomery’s petition. They explain:
As advocates who raise awareness about human trafficking, create
responses to better identify and protect trafficking victims, and support
those recovering from sexual exploitation, we understand why Lisa’s
history is so relevant to determining how she should be punished for her
crime.
The coalition goes on to recount the unimaginable abuse Lisa suffered and laments,
“like so many other trafficking victims, the very systems that were supposed to
protect Lisa did not, rendering her vulnerable to ongoing exploitation and abuse.”
While Lisa’s victimization does not excuse her crime, they write, “it provides critical
context that explains why she committed these acts, which might otherwise seem
incomprehensible.” The coalition explains that the laws we have today that are
designed to protect children were not in place to protect Lisa. “Had any of these
laws been in effect when Lisa was a child or young adult suffering human
trafficking, our legal systems would have offered more meaningful intervention.”
Their letter concludes, “Lisa has suffered some of the worst forms of sexual violence,
and we know the victims of such violence suffer lifelong psychological damage.”
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
Forty advocates for child and family victims of violence separately wrote to you in
support of Lisa. These experts know from first-hand experience how years of
trauma and abuse such as that which Lisa suffered takes a terrible mental toll.
While not excusing her crime, “her trauma history is critically relevant to the
penalty she should receive.” Poignantly, these experts who have dedicated their
lives to protecting children and families observe:
As child and family advocates, we step in for children who been abused,
victimized, and/or abandoned by their parents or caregivers. Tragically,
no one stepped in to save Lisa. Lisa was repeatedly abused and exploited
by the very adults she turned to for protection — first her own mother
and stepfathers, then her partners. There were many missed
opportunities to intervene and stop Lisa’s suffering: Lisa’s sister was
removed from the home by social services and escaped their mother’s
abuse, but Lisa was left behind; a judge learned about Lisa’s childhood
rapes by her stepfather, but failed to take action; Lisa’s cousin, a police
officer, was told that her mother was selling her to multiple men for sex,
but also did nothing. In a final betrayal, the justice system failed Lisa
when prosecutors dismissed her experience as an “abuse excuse” — a
characterization that is contrary to all the evidence and everything we
understand as experts in this field.
Prosecutors did more than dismiss Lisa’s trauma as an abuse excuse—they blamed
her for it. They presented an expert who testified that Lisa was a “willing
participant” in her stepfather’s abuse. The prosecutors capitalized on trial counsel’s
ineptitude, taking evidence which could have been attributed to Lisa’s mental
illness and trauma and twisting it into evidence that Lisa was an evil monster
undeserving of love or sympathy. The prosecutors did not need to tell her that, her
own mother instilled that belief in her from the moment she was born.
Countless women have suffered silently under the weight of the shame and
humiliation of the trauma inflicted by sexual and physical violence. They blame
themselves. They see themselves as dirty, wicked, trash. They have been told that
they are worthless — and they believe it. By commuting Lisa’s sentence to life, your
action will send a message of hope to those women. If the Leader of the Free World
stands up for them and says “Trauma Matters” it will make a difference in women’s
lives. It may even save lives.
PETITON FOR EXECUTIVE CLEMENCY ON BEHALF OF
LISA MARIE MONTGOMERY
Clemency for Mrs. Montgomery Will Prevent Additional Pain and
Suffering
Lisa Montgomery has a husband, four children, and twelve grandchildren all of
whom will suffer horrible pain if Mrs. Montgomery is executed. She has
reestablished her relationship with her father, John, and sister, Diane. Diane has
suffered so much in this life and somehow has found the strength to advocate for
her sister “because that is what big sisters do.” An execution would bring more
trauma and suffering to this family which has lost so much.
Before she was locked down due to the execution warrant, Mrs. Montgomery spent
her days making gifts for others. She made angels, blankets, ornaments, sweaters,
scarves, mittens, doilies, dolls, stuffed animals, nativity sets. She built a dollhouse
for one granddaughter and a carousel for another. Each of us has cherished items
that she has made for us and our families. She spent her days trying to make
amends from prison in the only way she knew how.
This crime did not have to happen. It could have been prevented if one person had
gotten Lisa help. This execution does not have to happen. You can stop it. You can
temper Justice with Mercy with just the stroke of a pen.
Very respectfully,
/s/ Kelley J. Henry /s/ Amy D. Harwell /s/ Lisa G. Nouri
Kelley J. Henry Amy D. Harwell Lisa G. Nouri
Supervisory Asst. Asst. Chief, Capital Attorney at Law
Federal Public Defender Habeas Unit 2526 Holmes
810 Broadway, Ste 200 810 Broadway, Ste 200 Kansas City, MO 64108
Nashville, TN 37203 Nashville, TN 37203 (816) 875-0448
615-337-0469 615-736-5047 Lisanouri_atty@hotmail.com
Kelley_Henry@fd.og Amy_Harwell@fd.org
eee reer eee eee
ECEMBER 24, 2020 15
Table of Contents
Attachment A. Letters in Support of Clemency
e Letter from 41 Current and Former Prosecutors
e Letter from Prosecutors who Prosecuted Similar Cases
e Letter from 800 Organizations and Individuals Working to Combat Violence Against
Women
e Letter from 100 Organizations and Individuals Working to Combat Human
Trafficking
e Letter from 40 Child Advocates Whose Work is Devoted to Protecting Abused,
Victimized, and Abandoned Children
e Letter from Three of the Nation’s Leading Advocacy Organizations for People with
Serious Mental Illness and Their Families
Attachment B. New York Times: Punch After Punch, Rape After Rape, a
Murderer Was Made by Rachel Louise Snyder (Dec. 18, 2020)
Attachment C. Elle Magazine: My Baby Sister Lisa Did a Terrible Thing. We
Shouldn't Kill Her For It, as told to Rose Minutaglio (Nov. 23, 2020)
Attachment D. Newsweek: My Sister, Lisa Montgomery, Took a Life. Her Own
Was Scarred by Unimaginable Abuse. Spare Her by Diane Mattingly
(Nov. 19, 2020)
Attachment E. Slate: The Life Story of Lisa Montgomery by Lauren Gill (Dec. 21,
2020)
Attachment F. Chart of Comparable Crimes Compiled by the Cornell Center
for the Death Penalty Worldwide
Attachment G. Petition to the Inter-American Commission on Human Rights
and the resulting Precautionary Measures Issued by the Commission
Attachment H. Transcript of the 2255 (Post-Conviction) Hearing
Volume I — October 31, 2016
Russell Stetler .... ww. 55-159
Marc Bookman ... . 159-230
Volume II — November 1, 2016
Ronald E. Wurtz . . 276-288
Bret Dillingham .
Anita Burns
Stephanie Elliott
Troy Schnack.
Susan Hunt ..
Lisa Rickert
Kurt Lipanovich
. 361-386
Volume III — November 2, 2016
Richard Burr.
Judy Clarke
Laine Cardarella.
Holly Jackson...
Debra Garvey...
693-717
718-766
Volume IV — November 3, 2016
David Freedman. .. 811-862
Robert Peter Fucetola. 862-897
Erin Garman. .. 897-910
Chris Armstrong. . 911-916
Dr. V.S. Ramachandran (deposition introduced) «. 91-920
William Logan..
Marilyn AnnHutchinso:
. 920-982
.. 982-1069
Volume V — November 4, 2016
Christopher Davatzikos. .. 120-1182
Andrew Newberg. 1182-1244
Camille Elizabeth Kempke. . 1245-1254
Ruth Boutin Kuncel. . 1254-1303
Volume VI — November 7, 2016
Charles N. Sanislow.. . 1363-1456
Janet Vogelsang.. . 1460-1535
Diane Matting]: . 1538-1553
Danielle Waller... 1553-1576
Katherine Portertield vivcscscscuiiiecscrsssrssvinevcsensvretsstevitecewesteseeiva 1577-1591
Volume VII — November 8, 2016
Katherine Porterfield... .. 1636-1711
Siddhartha Nadkarni... 1711-1745
George Washington Woods Jr. 1746-1864
Sohn O'Conmor......ceceecccsceseseseseseseececeseseeesesesescscnessesnsesescseseseaeeeseeneneees 1864-1905
Volume VIII — November 9, 2016
John O’Conno: .. 1951-2026
Ruben Gur .... w+. 2028-2131
George Parnharieere eee eerie erent tte eee to teers aee 2131-2136
David Owen .0....ccccccccsecscseesessesesseseeecsesscseescsssecsesscseescsscsesssseeeseseseesenenee 2136-2187
Fred Duchardt .......ccccecsceseseesessescsscsesecsessescsecsesecsenscseesesseeeeecsseeeseaeees 2189-2215
Volume IX — November 10, 2016
Fred Duchardt .......ccccccccsscesecsessescsscsesecsessesesecsesecsesscseescseseeeesseesesenseees 2263-2323
Ben Leonard ......ccccccscescsseseseesceeescsscscsecsesecsesecsessssesessesseseescseeeesseeseeessaes 2324-2329
Attachment I. Exhibits Submitted at the 2255 Evidentiary Hearing
Exhibit 1— The Comprehensive Evaluation of the Inter-generational Biopsychosocial
Influences on Mrs. Montgomery’s Development by Janet Vogelsang (supported by
accompanying attachments):!
Exhibit 1-1 - Declaration of Thomas Allen Hedberg
Exhibit 1-2 - Declaration of Lisa Rickert with Incorporating Interviews
Exhibit 1-3 - Marie Josephine Miller Birth Certificate
Exhibit 1-4 - Death Certificate of Marie Josephine Miller Stelma
Exhibit 1-5 - Declaration of Mary Lee Coleman
Exhibit 1-6 - Declaration of John Joseph Patterson
Exhibit 1-7 - John Joseph Patterson Military Records
Exhibit 1-8 - Declaration of Christina Juarez Patterson
Exhibit 1-9 - Declaration of Diane Rae Mattingly
Exhibit 1-10 - Mary Lee Coleman Harborview Medical Records
Exhibit 1-11 - Declaration of Heath Hedberg
Exhibit 1-12 - Declaration of Lori Mae Hedberg Yates
Exhibit 1-13 - Mary Lee Hedberg Coleman Gray Junior High
Exhibit 1-14 - Topeka Kansas School Records of Desiree Boman
Exhibit 1-15 - Marriage Certificate of Robert Lee Patterson and Marie Miller
Exhibit 1-16 - Robert Lee Patterson Birth Certificate
Exhibit 1-17 - Robert Lee Patterson Draft Card
Exhibit 1-18 - Declaration of Grace A. Figg Baum
Exhibit 1-19 - Declaration of Wendy Alexander Treibs
Exhibit 1-20 - Death Certificate of Robert Patterson
Exhibit 1-21 - Declaration of Ronald J. Figg
Exhibit 1-22 - Gordon Hedberg Enlistment Records
1 In addition to stipulating to the admission of this exhibit, the Government credited Ms. Vogelsang’s sourcing
and documentation as follows at Vol. ##, p.## of the Transcript of the 2255 (post-conviction) Hearing:
Mr. KETCHMARK: Your Honor, if I might, it’s not really an objection. It’s more of a — we did
stipulate to her original report and supplement. I would note the original report is 184 pages.
The PowerPoint is also — there’s objection to a stipulation of the PowerPoint. We’re not contesting
the information that she was able to compile and put together in the biosocialpsych (sic) history
here. I don’t know that we need to go through ad nauseam the PowerPoint because it’s all sourced
back, and I think they did an excellent job of providing the Court with a roadmap of the
information in the 184 pages and then digesting it down with these source attachments here, and
so I just think this is cumulative of stuff that we haven’t objected to coming in, and I just don’t
know that we need to do this and go through the two-hundred page PowerPoint in this fashion.
1
Exhibit 1-23 -
Exhibit 1-24 -
Exhibit 1-25 -
Exhibit 1-26 -
Hedberg
Exhibit 1-27
Exhibit 1-28 -
Exhibit 1-29 -
Boman
Exhibit 1-30 -
Exhibit 1-31 -
Exhibit 1-32 -
Exhibit 1-33
Exhibit 1-34 -
Exhibit 1-35
Exhibit 1-36 -
Exhibit 1-37 -
Exhibit 1-38 -
Exhibit 1-39 -
Exhibit 1-40 -
Exhibit 1-41 -
Exhibit 1-42 -
Exhibit 1-48 -
Exhibit 1-44
Exhibit 1-45 -
Exhibit 1-46 -
Exhibit 1-47 -
Exhibit 1-48 -
Mattingly
Exhibit 1-49 -
Exhibit 1-50 -
Exhibit 1-51
Marriage license of John Hedberg and Joyce Hammer
Diane Hedberg, State Dept. of Social Welfare of KS Report
Diane Hedberg, Riley County Court Records, Child in Need of Care
Letter from Kings county Youth Services Center on Dianne
- Hope Kleiner - OK Dept of Human Services Home Study
Birth Certificate of Judy Rignell
In the matter of Justin Kleiner, TR. 149, Testimony of Desiree
Ron Ninemire Interview of Ron Gieck
Declaration of Teddy Kleiner
SSA Itemized Statement of Earnings of Judy Shaughnessy
- Certificate of Still Birth (fetal death) Kansas Board of Health
Leo Barabash and Judy Rignell Divorce Decree
- John Hedberg and Judy Hedberg divorce decree
Certificate of Live Bilth of Lisa Marie Hedberg
FBI 302 Interview of Patty Hedberg Marriage Certificate
Jack Kleiner and Judy Hedberg Marriage Certificate
Kleiner v. Kleiner Divorce Transcript
FBI Interview of Jerri Jo Kleiner Leonard
Second Declaration of Tommy Lee Kleiner
Marriage License of Judy Boman and Hector Ochoa
Ochoa vs Ochoa Petition for Divorce and Final Divorce Decree
- Danny Shaughnessy and Judy Ochoa Marriage Record
Declaration of Dani Waller
Declaration of Jessica Marie Robinson Thompson Brown
Diane Hedberg Central Kansas Mental Health Report
Ron Ninemire and Dani Waller Interview with Diane Rae Hedberg
Jack Kleiner Death Certificate
Jack Kleiner Grave and Obituary Information
— Penny Craig, 12 & 12 Center for Addiction Treatment and
Recovery Records
Exhibit 1-52
17,260
Exhibit 1-53
Exhibit 1-54
Exhibit 1-55
Exhibit 1-56
Exhibit 1-57
Exhibit 1-58
Exhibit 1-59
Exhibit 1-60
- Willadean Kleiner v. Jack Kleiner, Divorce — Riley Co. Case No.
- Josie Kleiner telephone call summary
- Ron Ninemire Interview with Teddy Kleiner
- Ron Ninemire Interview with Penny Kleiner
- Ron Ninemire Interview with Tommy Kleiner
- Declaration of Holly Jackson
- Teddy Kleiner - Kansas DOC Mental Health Exam
- Vacation Bible School Certificate
- Lisa Montgomery Manhattan KS Unified School District No. 383 -
Kindergarten
iv
Exhibit 1-61
Exhibit 1-62
Exhibit 1-63 -
Exhibit 1-64
Exhibit 1-65 -
Exhibit 1-66 -
Exhibit 1-67 -
Exhibit 1-68 -
Exhibit 1-69 -
Exhibit 1-70 -
Exhibit 1-71
Exhibit 1-72 -
Exhibit 1-73
Evaluation
Exhibit 1-74
Exhibit 1-75 -
Exhibit 1-76 -
Exhibit 1-77 -
note
Exhibit 1-78 -
Exhibit 1-79 -
Exhibit 1-80 -
Exhibit 1-81 -
Exhibit 1-82
Exhibit 1-83 -
Exhibit 1-84 -
Exhibit 1-85 -
Exhibit 1-86 -
Exhibit 1-87 -
Exhibit 1-88 -
Exhibit 1-89 -
Exhibit 1-90 -
Exhibit 1-91 -
Exhibit 1-92 -
Exhibit 1-93 -
Exhibit 1-94 -
Exhibit 1-95 -
Exhibit 1-96 -
Exhibit 1-97 -
Exhibit 1-98 -
Exhibit 1-99 -
- Lisa Montgomery Tulsa Public Schools cumulative record
- Declaration of John Fransisco
Lisa Montgomery Certificate of Merit in Art
- Lisa Montgomery Certificate of Merit in Reading
Children's Medical Center - Lisa Montgomery
Lisa Montgomery Tulsa Tribune Spelling Award
Lisa Montgomery Pershing Elementary Good Citizen Award
Lisa Montgomery Report to Parents, Tulsa Public Schools
Declaration of Eunice Copeland
Declaration of Kenneth Alexander
- Kenneth Alexander San Antonio State Hospital Medical Records
Kenneth Dale Alexander Florida State Hospital
- Kenneth Alexander, SSDI Records -5.21.09 Mental Status
- Kenneth Alexander, Snowy Range Consulting
Kenneth Alexander — Wyoming Behavioral Institute
Kenneth Alexander, WY State Hospital, Psychotropic
Kenneth Alexander, Wyoming State Hospital, Psych admission
Lisa Montgomery Sperry Public Schools Transcript
Declaration of Chelsea Boman Veal
Declaration of Jonathan Caleb Thompson
Declaration of Marvin Alexander
- Declaration of Becky Perkey
Declaration of Jacqueline Moffett
Declaration of Jeff Batson
Declaration of Penny Craig
Declaration of David L. Owen Jr.
Declaration of Alice Mae Derry
Declaration of Mary Osborn Hodges
Declaration of Janet McNickle Eastman
Declaration of Rachael Bowman Johnson
Declaration of Brenda Cox
Ron Ninemire interview with Lewis Priest
Jeff Batson Tarrant County Criminal Court file
Defense Interview of Allen Baldwin
Nils Rignell death certificate
Ron Ninemire Interview of Susan Barrow-Swartz
Declaration of Susan Barrow Swartz
Declaration of Nita Milburn Montgomery
Lisa Montgomery Certificate of Merit, Project Upward Bound
Exhibit 1-100 - FBI Interview of Judy Shaughnessy
Exhibit 1-101 - FBI Interview of Patty Baldwin
Exhibit 1-102 - Lisa Montgomery counseling records with Nancy Walentiny
Vv
Exhibit 1-103 - Ron Ninemire interview of Judy Shaughnessy
Exhibit 1-104 - Boman v. Boman Oklahoma Divorce file
Exhibit 1-105 - Boman v. Boman Oklahoma Divorce file
Exhibit 1-106 - Declaration of Richard Leroy Boman
Exhibit 1-107 - Lisa Montgomery Cleveland High School Transcript
Exhibit 1-108 - Lisa Montgomery Enlistment records
Exhibit 1-109 - Michael Boman Valhalla High School records
Exhibit 1-110 - Michael Boman Cleveland Public Schools
Exhibit 1-111 - State of Kansas v. Carl Boman, Motion for; Involuntary Assign of
Comp
Exhibit 1-112 - Declaration of Ann Walker-King
Exhibit 1-113 - Michael Boman Mar Vista High School
Exhibit 1-114 - Declaration of David J. Stadler
Exhibit 1-115 - Carl Boman and Lisa Hedberg OK Marriage Certificate
Exhibit 1-116 - Desiree Boman Birth Certificate
Exhibit 1-117 - Declaration of Darlene Alexander
Exhibit 1-118 - C.J. Boman Deming School Records
Exhibit 1-119 - C.J. Boman Birth Certificate
Exhibit 1-120 - Lisa Montgomery Social Security Itemized Statement
Exhibit 1-121 - 1988 Datebook
Exhibit 1-122 - C.J. Boman Jane Phillips Birth Records
Exhibit 1-123 - Kenneth Alexander, Competency Exam
Exhibit 1-124 - Jane Phillips - Earlv Labor for CJ Admission
Exhibit 1-125 - 1989 Datebook
Exhibit 1-126 — Scripps Memorial Hospital Operative Report
Exhibit 1-127 - Carl Boman - Oklahoma Workers Comp Med. Records
Exhibit 1-128 - Carl Boman - C.B. Pettigrew, D.O.
Exhibit 1-129 - Declaration of Gerald Upshaw
Exhibit 1-130 - Kayla Boman, University of Ca. San Diego Birth Records
Exhibit 1-131 - Kayla Boman, University of California - San Diego Post-Birth
Records
Exhibit 1-132 - Kayla Boman Children's Hospital San Diego
Exhibit 1-133 - CJ Boman Scripps Memorial Hospital Admitting Physical Exam
Exhibit 1-134 - Desiree Boman, Children's Hosp and Hlth Ctr San Diego, H&P
exam
Exhibit 1-135 - Children's Hospital San Diego
Exhibit 1-136 - CJ Boman Children's Hospital San Diego
Exhibit 1-137 - Chelsea Boman, Scripps Memorial Hospital Chula Vista
Exhibit 1-138 - Children's Hosp San Diego Concussion
Exhibit 1-139 - Desiree Boman, Children's Hospital and Health Center Discharge
Summary
Exhibit 1-140 - Desiree Boman, Jane Phillips Medical Center
Exhibit 1-141 - Chelsea Boman, Jane Phillips Memorial Medical Center
Exhibit 1-142 - Lisa Montgomery, Jane Phillips Memorial Medical Center
vi
Exhibit 1-143 - Chelsea Boman, Jane Phillips Memorial Medical Center
Exhibit 1-144 - Desiree Boman, Deming School Records
Exhibit 1-145 - Desiree Boman, Jane Phillips Medical Center
Exhibit 1-146 - CJ Boman Jane Phillips Memorial Medical Center
Exhibit 1-147 - Declaration of Eithol Marie Boman Towery
Exhibit 1-148 - Order Author. Disc of Records under Protective Order, case No.
JMJ-20133
Exhibit 1-149 - Lisa Rickert Telephone Interview of Brett Owens
Exhibit 1-150 - Lisa Montgomery Statement to Dr. Brian Shane
Exhibit 1-151 - Kayla Boman Jane Phillips Memorial Medical Center
Exhibit 1-152 - Boman v. Boman, Luna New Mexico Divorce file
Exhibit 1-153 - Kenneth D. Alexander and Kimberly Alexander, Decree of Divorce
Exhibit 1-154 - Lisa Montgomery Jane Phillips Memorial Med Center Radiology
Report
Exhibit 1-155 - Desiree Boman Bayside School Records
Exhibit 1-156 - Lisa Montgomery Tulsa Community College, Fall 1993
Exhibit 1-157 - Desiree Boman, Dewey Public School Records
Exhibit 1-158 - Chelsea Boman, Springdale Public School Records
Exhibit 1-159 - Desiree Boman, Springdale Public School records
Exhibit 1-160 - FBI Interview of Carl Boman
Exhibit 1-161 - Lisa Rickert interview of Roberta and James Upshaw
Exhibit 1-162 - Lisa Montgomery Medical records, Dr. Brian Shane
Exhibit 1-163 - Chelsea Boman, Deming Public School Records
Exhibit 1-164 - Kayla Boman Deming School Records
Exhibit 1-165 - Desiree Boman, Sunshine Elementary School records
Exhibit 1-166 - Kayla Boman, Jane Phillips Memorial Medical Center
Exhibit 1-167 - Declaration of Kayla Deanne Boman
Exhibit 1-168 - Declaration of Carl James (CJ) Boman II
Exhibit 1-169 - Tommy Kleiner, Shawnee Co. Kansas Case No. 99-CR-3250
Exhibit 1-170 - CJ Boman, Stormont Vail Regional Health Ctr
Exhibit 1-171 - Lisa Montgomery St Francis Medical Center records
Exhibit 1-172 - Kevin Montgomery, St. Francis Hospital records
Exhibit 1-173 - Montgomery v. Montgomery, District Ct. of Osage Co. KS No.
97D-1 92
Exhibit 1-174 - Declaration of Kevin Montgomery
Exhibit 1-175 - Desiree Boman, Topeka School Records
Exhibit 1-176 - Chelsea Boman, William Magnet School records, Topeka, KS
Exhibit 1-177 - CJ Boman, Bartlesville Public School records
Exhibit 1-178 - Kayla Bartlesville Public School Records
Exhibit 1-179 - Kayla Boman, Stormont-Vail Regional Health Center records
Exhibit 1-180 - Lisa Montgomery Kansas Dept. of Labor Workers Comp Claim
Exhibit 1-181 - FBI Interview of Teddy Kleiner
Exhibit 1-182 - Lisa Montgomery Stormont Vail Regional Health Center
Exhibit 1-183 - Danny Shaughnessy and Judy Ochoa marriage record
vii
Exhibit 1-184 - Motion to Temporarily Stay Child Support
Exhibit 1-185 - Kevin Montgomery Social Security Itemized Statement
Exhibit 1-186 - CJ Boman, St. Francis Hospital
Exhibit 1-187 - Chelsea Boman, St. Francis Hospital
Exhibit 1-188 - Desiree Boman, St. Francis Hospital Medical Records
Exhibit 1-189 - Lisa Montgomery Lawrence Memorial Hospital
Exhibit 1-190 - Kevin Montgomery, St. Francis Medical Center
Exhibit 1-191 - Alias Citation in Contempt
Exhibit 1-192 - Desiree Boman, Coffey Co. Hospital Medical Records
Exhibit 1-193 - USA v. Montgomery, No. 05-06-002, Vol. 5, p.1074
Exhibit 1-194 - Lisa Montgomery St. Francis Medical Center records
Exhibit 1-195 - Desiree Boman Marais des Cygnes Valley High School Transcript
Exhibit 1-196 - Kayla Boman, Carroll High School, Alabama
Exhibit 1-197 - Declaration of Vanita June Boman
Exhibit 1-198 - Declaration of Cheryl Fine
Exhibit 1-199 - Notes of Dr. Sallye Wilkinson
Exhibit 1-200 - Kayla Boman, J. Rob Hutchinson MD physical exa5
Exhibit 1-201 - CJ Boman, J. Rob Hutchinson MD physical exam
Exhibit 1-202 - Chelsea Boman, J. Rob Hutchinson, MD physical exam
Exhibit 1-203 - Chelsea Boman, Newman Memorial Co. Hospital
Exhibit 1-204 - Kayla Boman, Coffey Co. Hospital sports Physical
Exhibit 1-205 - Chelsea Boman, Dewey Public School records
Exhibit 1-206 - Lisa Montgomery - Coffey Co. Hospital Records
Exhibit 1-207 - Justin Kleiner, The Farm History
Exhibit 1-208 - Bonnie Jean Taylor and Teddy J. Kleiner, Pwr of Atty to Judy
Shaughnessy
Exhibit 1-209 - CJ Boman Coffey Co. Hospital records
Exhibit 1-210 - Teddy Kleiner Kansas Dept. of Corrections, Intake and Social
History
Exhibit 1-211 - The Farm Court Report on Justin Kleiner
Exhibit 1-212 - FBI Interview of Lori Colwell
Exhibit 1-213 - In the Matter of Justin Kleiner, Tr. 179, Testimony of Lisa
Montgomery
Exhibit 1-214 - Kansas Interstate Compact on Placement of Children
Exhibit 1-215 - Bonding out of Tommy Kleiner
Exhibit 1-216 - Tommy Kleiner Frankin Co.
Exhibit 1-217 - Shaughnessy Home Study
Exhibit 1-218 - Justin Kleiner, Pediatric Assoc. Med Screening Records
Exhibit 1-219 - Justin Kleiner, Case Log for Monthly Family Contact
Exhibit 1-220 - Chelsea Boman, Coffey Co. Hospital Records
Exhibit 1-221 - Casey's General Store Employment records of Lisa Montgomery
Exhibit 1-222 - Cotton O'Neal Clinic, Topeka, KS
Exhibit 1-223 - Kansas v. Kleiner, District Ct of Franklin Co. No.03-CR-242
Exhibit 1-224 - Lisa Montgomery Coffey Co Hospital Records
viii
Exhibit 1-225 -
CR-1335
Exhibit 1-226 -
Exhibit 1-227 -
Exhibit 1-228 -
Exhibit 1-229 -
Exhibit 1-230 -
Exhibit 1-231
Exhibit 1-232
KS v. Tommy Lee Kleiner, Dist. Ct of Shawnee Co., KS, No. 98-
FBI Interview of Kevin Montgomery
Death Certificate of Lori Diane Blalock
Declaration of Jenny Hays
FBI File 1A32, request for Leave
State of OK v. Teddy Kleiner, Tulsa, OK, No. CM-1999-3081
- Teddy Kleiner KS DOC Mental Health Eval and Class Rpt
Exhibit 1-233 -
Exhibit 1-234 -
Exhibit 1-235 -
Exhibit 1-236
Exhibit 1-240
Exhibit 1-241
226
Letter to Kevin from Lisa referring to baby Sarah
Coffey Hlth Systems v. Montgomery, 2004-LM-0108 ($400 iudg)
James H. McMurray, DDS, Account History Report
Test of Lisa Montgomery, Prob Rev Hearing of Tommy Kleiner
- Montgomery v. Shaughnessy, No. 2004-DM-23 Order of Dismissal
Exhibit 1-237 -
Exhibit 1-238 -
Exhibit 1-239 -
Chelsea Boman, Newman Reg Hlh Ctr, Patient Disch Sheet
Chelsea Boman, Waverly Medical Clinic
CJ Boman Marais des Cygnes Valley High School transcript
Desiree Boman, Coffey Co. Hospital Medical Records
- Chelsea Boman, Certificate of Release or Discharge from Duty
Exhibit 1-242 -
Exhibit 1-248 -
Exhibit 1-244 -
Exhibit 1-245 -
Exhibit 1-246
03-CR-242
Kayla Boman Certificate of Release or Discharge from Active Duty
Tommy Kleiner v. Nina Green, Pet for Protect Ord, No. 05-DM-
FBI Interview of Cheryl Fine
FBI Interview of Lisa Green
- Kansas v. Tommy Kleiner, District Court for Franklin Co., KS No.
Exhibit 1-247 -
Exhibit 1-248
Exhibit 1-249 -
Exhibit 1-250
Exhibit 1-251
Exhibit 1-252
FBI Interview Katheryn Dewey
Kayla Boman, Marias des Cynes Valley High School Transcript
FBI Interview of Kayla Boman
FBI Interview of Mona Marcotte
- FBI physical evidence glove box 1 B 15(18), appl for reg of birth
Exhibit 1-253 -
Exhibit 1-254 -
Exhibit 1-255 -
Exhibit 1-256 -
Exhibit 1-257 -
Exhibit 1-258 -
Exhibit 1-259 -
Primary
Exhibit 1-260 -
Junior Department
Exhibit 1-261 - Pease Middle School Records
Exhibit 1-262 - Santa Rosa Medical Center Records for Wendy Treibs
Exhibit 1-263 - Email from Lisa Montgomery to Lori Colwell
FBI phys evdce rtrved frm house, rept from Toys R Us
Desiree Boman Jane Phillips School Records 24 Grade
Mary Lee Coleman, Good Samaritan Hospital Records
Interview of Judy Shaughnessy
Interview of Lisa Green
Horne Study of Judy Shaughnessy by KS Dept. of SRS
Diane Rae Hedberg Adoption Registry
Central Assembly of God Church - Promotion from Beginner to
Central Assembly of God Church - Promotion from Primary to
ix
Exhibit 1-264 - Hope Kleiner KS SRS Home Study on Judy and Danny
Shaughnessy
Exhibit 1-265 - Salvation Army Shield of Service Discharge Summary for Teddy
Kleiner
Exhibit 1-266 - Montgomery v. Kleiner, District Court for Osage Co. No. 03-DM-
198
Exhibit 1-267 - Motion for Modification of Child Support
Exhibit 1-268 - History and Physical of Carl Boman by Dr. Tracy Painter
Exhibit 1-269 - Waiver of Parental Rights for Justin Kleiner by Bonnie and Teddy
Exhibit 1-270 - In the Matter of Justin Kleiner, Case Activity log for Monthly
Family Contact
Exhibit 1-271 - William Logan Psychiatric Evaluation of Lisa Montgomery
Exhibit 1-272 - Oklahoma Dept. of Human Services Report
Exhibit 1-272-1 - Neuropsychological Evaluation of Lisa Montgomery by Robert
Fucetola, Ph.D.
Exhibit 1-273 - Jim Dale Eastom Sex Offender Registry KBI
Exhibit 1-274 - Declaration of Dylan Montgomery
Exhibit 1-275 - Residences Chart of Lisa Montgomery
Exhibit 1-276 - Declaration of Dustin Montgomery
Exhibit 1-277 - State of OK, Dept. of Human Services, Child Abuse-Neglect
Referral form
Exhibit 1-278 - Report to the District Attorney
Exhibit 1-279 - OK Dept. of Human Services, Child Abuse-Neglect Referral form
Exhibit 1-280 - Photograph of Lisa Montgomery at age 13
Exhibit 1-281 - Declaration of Ben Leonard
Exhibit 1-282 - 1999 Oklahoma OHS Records
Exhibit 1-283 - Interview of David Kidwell, Sr.
Exhibit 1-284 - Declaration of Carl Boman
Exhibit 1-285 - Declaration of Leon Michael Barabash
Exhibit 1-286 - Declaration of James N. Miller
Exhibit 1-287 - Declaration of Michael Harlow
Exhibit 1-288 - Declaration of Sang Ye Seiffert
Exhibit 1-289 - Declaration of Dr. Sallye Wilkinson, Ph.D.
Exhibit 1-290 - [Intentionally Left Blank]
Exhibit 1-291 - Declaration of Bret Dillingham
Exhibit 1-292 - Desiree Boman Offutt Declaration
Exhibit 1-293 - Chronology of Disruption of Child Custody
Exhibit 2 - Curriculum Vitae of Janet Vogelsang
Exhibit 3 - Map of the 61 Residences in which Lisa Montgomery Lived in the First 31
Years of her Life
Exhibit 4— Genograms Depicting Family Tree, Family History of Mental Illness, Family
History of Substance Abuse, Family History of Custodial Interference
Exhibit 5 - Chart of Mental Health Symptoms Exhibited in Lisa Montgomery’s
Biological Relatives
Exhibit 6 - Chart of Traumatic Events Inflicted on Lisa Montgomery with Sourcing
Exhibit 7 - Report of Dr. Katherine Porterfield, Psychologist at the Bellevue Program for
Survivors of Torture
Exhibit 8 - Addendum to Report of Dr. Katherine Porterfield
Exhibit 9 - Curriculum Vitae of Dr. Katherine Porterfield
Exhibit 10 - Declaration of David Kidwell regarding Lisa Montgomery’s disclosure of
gang rape
Exhibit 11 - Declaration of Ben Leonard re: David Kidwell
Exhibit 12 - Declaration of Wesley Gann regarding the strange behaviors exhibited by
Jack Kleiner
Exhibit 13 - Declaration of Carl Boman 9.18.16 regarding Lisa Montgomery’s report of
gang rape as a teenager
Exhibit 14 - Declaration of Linda Baker regarding Jack Kleiner’s rape of Lisa
Montgomery
Exhibit 15 - Declaration of Ben Leonard re: Linda Baker
Exhibit 16 - Lisa Montgomery handwritten note re: names of men who participated in
the gang rape
Exhibit 17 - Kleiner v. Kleiner interrogatory answers in divorce proceedings
Exhibit 18 - Obituary of Gerald "Shorty" Shipley
Exhibit 19 - Declaration of Carl McClain
Exhibit 20 - Report of Dr. George Woods, expert neuropsychiatrist describing Lisa
Montgomery’s symptomology of bi-polar I disorder, complex post-traumatic stress
disorder, cerebellar disfunction, and other brain dysfunction and the impact of
each on her functioning
Exhibit 21 - Addendum to Report of Dr. George Woods
Exhibit 22 - Curriculum Vitae of Dr. George Woods
Exhibit 23 - Report of Dr. Siddhartha Nadkarni, expert neuropsychiatrist specializing in
epilepsy, finding traumatic brain injury and complex partial seizures
Exhibit 24 - Declaration of Dr. Diane Bradford expert psychopharmacologist
determining Mrs. Montgomery was not receiving appropriate medications at the
time of trial to control her psychosis and likely presented a medically induced flat
affect
Exhibit 25 - Curriculum Vitae of Diane Bradford
Exhibit 26 - Declaration of Dr. Charles Sanislow, expert in psychometric testing,
critiquing the misuse of computer generated MMPI analysis by the Government’s
experts
Exhibit 27 - Curriculum Vitae of Dr. Charles Sanislow
Exhibit 28 - Reports of Dr. Ruben Gur (April, 2007-January 2008) (collective), neuro
psychological/neuroimaging expert who developed behavioral brain map, his
testimony was excluded from the 2007 trial
Exhibit 29 - 2016 addendum to Report of Dr. Ruben Gur (incorporating data from Dr.
Newberg and Dr. Daviztikos) updating his 2007 findings of Mrs. Montgomery’s
myriad brain impairments
Exhibit 30 - Curriculum Vitae of Dr. Ruben Gur
zal
Exhibit 31 - Curriculum Vitae of Dr. Andrew Newberg, Professor of Radiology (Named
one of the 30 most influential neuroscientists alive in 2016)
Exhibit 32 - Testimony of Helen Mayberg
Exhibit 33 - Testimony of Alan Evans
Exhibit 34 - Report of Helen Mayberg and Alan Evans
Exhibit 35 - Curriculum Vitae of Dr. Christos Daviztikos, faculty at the Penn
Neurodegeneration Genomics Center and Director for Biomedical Image
Computer and Analytics, University of Pennsylvania
Exhibit 36 - Deposition of Dr. V.S. Ramachandran, defense expert at trial admitting
there is no such thing as an expert in pseudocyesis
Exhibit 37 - March 2005 letter Dr. Marilyn Hutchinson
Exhibit 38 - Curriculum Vitae of Dr. Marilyn Hutchinson
Exhibit 39 - March 7, 2005 Report of Dr. William Logan
Exhibit 40 - May 15, 2007 Report of Dr. William Logan
Exhibit 41 - Declaration of Dr. William Logan
Exhibit 42 - Curriculum Vitae of Dr. William Logan
Exhibit 43 - Report of Dr. Ruth Kuncel
Exhibit 44 - Curriculum Vitae of Dr. Ruth Kuncel
Exhibit 45 - Report of Dr. Robert Fucetola, neuropsychologist hired by trial counsel, who
discovered a striking discrepancy in her neurological profile strongly indicating
brain impairment
Exhibit 46 - Curriculum Vitae of Dr. Robert Fucetola
Exhibit 47 - Declaration of Russell Stetler, National Mitigation Coordinator for the
Administrative Office of the U.S. Courts’ National Habeas Assistance and
Training Counsel Project, setting out prevailing professional norms for capital
mitigation investigation at the time of Mrs. Montgomery’s trial
Exhibit 48 - Supplemental Declaration of Russell Stetler
Exhibit 49 - Curriculum Vitae of Russell Stetler
Exhibit 50 - Declaration of Denise LaBouef,
Exhibit 51 - Curriculum Vitae of Mare Bookman
Exhibit 52 - Report of Professor Lawrence Fox, the Supervising Lawyer at the Ethics
Bureau at Yale Law School, regarding the ethical violations of trial counsel
Exhibit 53 - Curriculum Vitae Professor Lawrence Fox
Exhibit 54 - Lisa Rickert (first trial mitigation specialist) Resignation Letter
Exhibit 55 - Email from David Owen to Holly Jackson (third trial mitigation specialist)
firing her
Exhibit 56 - Holly Jackson (third trial mitigation specialist) Mitigation Themes chart
Exhibit 57 - To Do List of Deb Garvey (second trial mitigation specialist)
Exhibit 58 - Transcript of Proceedings, April 3, 2007, announcing Dr. Ramachandran’s
diagnosis of Mrs. Montgomery before he had assessed her
Exhibit 59 - Transcript of Proceedings April 5, 2007,
Exhibit 60 - Declaration of Susan Hunt (third woman lawyer removed from trial team),
regarding removal of Anita Burns from trial team, the decision to involve Judy
Clarke in the case, the team and expertise Ms. Clarke brought to the case, Mr.
xii
Owens’ refusal to work with the team and unilateral decision to seek the removal
of Ms. Clarke, the removal of Judy Clarke, the devastation Mrs. Montgomery felt
at losing Ms. Clarke as counsel, and the court’s order that she withdraw as
counsel
Exhibit 61 - Declaration of Phil Thompson (Susan Hunt’s private investigator) regarding
FPD Investigator Ninemire’s reluctance to take direction from women
Exhibit 62 - Affidavit of David Owen, trial counsel, regarding the removal of Anita
Burns as counsel, the need for outside counsel with experience in mental health,
the decision to add Judy Clark to the trial team, his problems with Ms. Clarke,
Ron Ninemire’s problems with Ms. Garvey, Mr. Conrad’s discussion with Judge
Fenner, Judge Fenner’s removal of Ms. Clarke, the appointment of the ultimate
trial team, his relationship with Mrs. Montgomery’s mother, Mr. Duchardt’s
abandonment of investigation into FASD and PTSD in favor of pseudocyesis, Mr.
Duchart’s wife’s involvement in the defense team, failure of the team to tell Mrs.
Montgomery’s story, including that she appeared flat because of her medication.
Exhibit 63 - Declaration of Judy Clarke, Capital Resource Counsel (second woman
attorney removed from trial team), setting out her credentials, involvement with
the case, the resources she brought to the team, and her removal as counsel
Exhibit 64 - Declaration of Deb Garvey (second trial mitigation specialist)
Exhibit 65 - Susan Hunt Letter to Richard Burr (federal capital resource counsel),
4.30.06
Exhibit 66 - Transcript of Proceedings April 21, 2006 wherein Judge Fenner informed
Mrs. Montgomery that he had removed Ms. Clarke as counsel
Exhibit 67 - Transcript of Proceedings April 25, 2006 wherein Ms. Hunt informed the
Court that Mrs. Montgomery was “a mess,” following the removal of Ms. Clarke,
that Mrs. Montgomery felt devastated and betrayed by the removal, setting out
that neither Hunt nor Owen had ever had a case with a seriously mentally ill
client, and asking for Ms. Clarke to be reappointed
Exhibit 68 - Transcript of Proceedings May 3, 2006, discussing Mrs. Montgomery’s letter
to the Court reflecting her devastation and loss of trust in her team with the
removal of Ms. Clarke and discussing the problems with Hunt and Owen
continuing to work together
Exhibit 69 — District Court Order Banning Judy Clarke from CCA
Exhibit 70 — District Court Order Directing Judy Clarke's telephone number should be
removed from Lisa Montgomery's approved call list
Exhibit 71 - Letter from Lisa Montgomery to Judge Fenner, filed under seal, discussed
at the May 3, 2006 proceeding, wherein Mrs. Montgomery explains the emotional
anguish she felt at the removal of Ms. Clarke and endorsing Ms. Clarke as the
counsel she trusted
Exhibit 72 - Deposition of Ray Conrad, regarding Owens’ and Ninemires’ complaints
about Ms. Clarke; testifying that Owen told him that Hunt was in agreement to
have Clarke removed and that he called the judge to arrange a meeting and
denying—contrary to the testimony of Owen and Maughmer—that he was part of
the April 20, 2006 unrecorded, in chambers meeting with the judge.
xiii
Exhibit 73 - Declaration of Dr. Linda McCandless, outlining her treatment of Mrs.
Montgomery at CCA Levenworth with antipsychotic medication, and reflecting
that trial counsel failed to prepare her for testimony at trial and she found that
experience traumatic
Exhibit 74 - Declaration of Ben Leonard re: Dr. Linda McCandless
Exhibit 75 - Declaration of Charles Dedmon, setting out the symptoms of serious mental
illness Mrs. Montgomery manifested upon arrest, outlining that Judy Clarke was
the only trial counsel that ever inquired as to his observations and
documentation, recounting his interaction with Owen wherein Owen was
defensive about having had Clarke removed from the case
Exhibit 76 - Declaration of Melody Brannon, supporting Charles Dedmon’s recollection
Exhibit 77 - Transcript of In Chambers Hearing April 5, 2007 continuing trial date
Exhibit 78 - Stipulation Regarding Denise Baker wherein the Government agreed that
Ms. Baker would testify that Ms. Baker, a social worker, investigated the
allegations that Jack Kleiner sexually abused Lisa Montgomery and concluded
that Lisa was telling the truth, that Ms. Baker recommended the case be pursued
for criminal charges and filed the appropriate paperwork, but that it appears the
case was never reviewed by any prosecutor and appears to have fallen through
the cracks.
Exhibit 79 - Stipulation Regarding Hugh Rineer wherein the Government agreed that
Judge Rineer would testify that he reviewed the transcript of the Kleiner v.
Kleiner divorce proceeding and that it would not be fair to conclude that he did
not believe Lisa Montgomery regarding the abuse, but rather that he believed the
matter had been referred for prosecution such that no further action was needed
on his part.
Exhibit 80 - Declaration of James Brooks regarding the Grand Jury investigation of
Park Diest
Exhibit 81 - Grand Jury testimony of Dr. Park Dietz re: Investigation of Dietz in the
Andrea Yates matter
Exhibit 82 - Billing Records of Frederick Duchardt
Exhibit 83 - Declaration of Chris Armstrong regarding interview of Fred Duchardt
wherein Duchardt said Mrs. Montgomery was devastated by the loss of Judy
Clarke as trial counsel, explained that Mr. Owen originated the idea of
pseudocyesis and Dr. Ramachandran provided the other experts support for the
idea, called the idea of a mitigation specialist “laughable” and admitted he did not
have a working relationship with Dani Waller, discussed his attempts to counter
Mrs. Montgomery’s stress at being in a room with a man —including his inclusion
of his wife in his visits with Mrs. Montgomery, describing how Mrs. Montgomery
would “shut down” when he tried to discuss her history with her, expressing his
continued belief that Tommy Kleiner was present during the murder and his
probation officer fudged her records, saying he wanted to present Mr. Kleiner as
the actual killer to the jury.
Exhibit 84 - Billing Records of John O'Connor
Exhibit 85 - CCA Visitation Records
xiv
Exhibit 86 - ABA Guidelines for the Appointment and Performance of Counsel in Death
Penalty Cases (1989)
Exhibit 87 - Supplementary Guidelines for the Mitigation Function of Defense Teams in
Death Penalty Cases Russell Stetler, 2008
Exhibit 88 - Guide to Judiciary Policy; Appx 2A: Model Plan for Implementation and
Administration of the Criminal Justice Act (2016)
Exhibit 89 - Summary of Deleted History from Gov. Expert
Exhibit 90 - Amended Plan for Implementing the Criminal Justice Act of 1 964, 18
U.S.C. Section 3006A
Exhibit 91 — 2004 Order Appointing Federal Public Defender
Exhibit 92 — Anita Burns 2005 Motion to Withdraw with Suggestions
Exhibit 93 - 2005Order Appointing Additional Counsel (Susan Hunt)
Exhibit 94 — Susan Hunt’s April 2005 Motion to Withdraw Ordered by the Court
Exhibit 95 - Letter from Susan Hunt to CCA Warden 1.27.05 requesting jail psych stop
interviewing Mrs. Montgomery regarding facts of the case
Exhibit 96 - Mitigation Investigation: A Duty that Demands Expert Help but Can't Be
Delegated, Russell Stetler
Exhibit 97 - Getting it Right: Life History Investigation as the Foundation for a Reliable
Mental Health Assessment, Richard Dudley Jr. and Pamela Blume Leonard
(2008)
Exhibit 98 - Curriculum Vitae of David Freedman
Exhibit 99 - Letter to Susan Hunt from Reuben Camper Cahn, Executive Director of the
Federal Defenders of San Diego, confirming that the federal defender was willing
to accept appointment in the case, assign Judy Clarke as co-counsel, and provide
funding for the cost of the defense.
Exhibit 100 - The Mystery of Mitigation: What Jurors Need to Make a Reasoned Moral
Responses in Capital Sentencing, Univ. of PA Journal of Law and Social Change
Exhibit 101 — Chart of Records Requested Before Trial comparing the work product of
the various trial teams
Exhibit 102 - Witnesses Interviewed Chart comparing the work performed by each trial
team
Exhibit 103 - ABA Guidelines (rev. 2003), Hofstra Law Review
Exhibit 104 - The Defense Team in Capital Cases (20083), Jill Miller, Hofstra Law
Review
Exhibit 105 - A New Profession for an Old Need (2003), Pam Leonard, Champion
Exhibit 106 - Mitigation Evidence in Death Penalty Cases (1999), Russell Stetler,
Champion
Exhibit 107 - Mental Disabilities and Mitigation (1999), Russell Stetler, The Champion
Exhibit 108 - Commentary on Counsel's Duty to Seek and Negotiate a Disposition
(2003), Russell Stetler, Hofstra Law Review
Exhibit 109 - Unknown Story of a Motherless Child, Russell Stetler, Law Review
Exhibit 110 - The ABA Guidelines & Norms (20 13), Russell Stetler & W. Bradley
Wendel, Hofstra Law Review
xv
Exhibit 111 - Mental Health Evidence and the Capital Defense Function (2014) Russell
Stetler, UMKC Law Review
Exhibit 112 - The ABA Guidelines: A Historical Perspective (20 I 5), Russell Stetler &
Aurelie Tabuteau, Hofstra Law Review
Exhibit 113 - New Strategies for the Defense of Capital Cases (1979), Dennis Balske,
Akron Law Review
Exhibit 114 - The Trial for Life (I 983), Gary Goodpaster, NYU Law Review
Exhibit 115 - The Penalty Phase Trial (1984) Dennis Balske, Champion
Exhibit 116 - The Nelson Case (1982), Lacey Fosburgh, Forum
Exhibit 117 - Using the Mitigation Specialist and the Team Approach (1987), James
Hudson, et al., Champion
Exhibit 118 - The Mental Health Evaluation in Capital Cases: Standards of Practice
(1994), Douglas Liebert & David Foster, American Journal for Psych.
Exhibit 119 - Mitigation Investigation (1992) Lee Norton, Champion
Exhibit 120 - Federal Death Penalty Cases: Recommendations Concerning the Cost and
Quality of Defense Representation, Spencer, Cauthron, Edmonds, May 1998 -
Spencer I
Exhibit 121 - Cultural Competency in Capital Mitigation, 2008, Scharlette Holdman and
Christopher Seeds
Exhibit 122 - Update on the Cost and Quality of Defense Representation in Federal
Death Penalty Cases, 2010, Jon B. Gould and Lisa Greenman — Spencer II
Exhibit 123 - Why Capital Cases Require Mitigation Specialists, 1999, Russell Stetler
Exhibit 124 — 2007 Memo from Stephanie Elliott to Defense Team - Prosecution
Interview of Judy Shaughnessy and Patty Baldwin, setting out that the paralegal
was sent to accompany Ms. Shaughnessy for an interview with the FBI
Exhibit 125 - CV of Siddhartha Nadkarni
Exhibit 126 — 2005 Affidavit of Lisa Rickert discussing role of mitigation investigator
Exhibit 127 — 2005 Letter from Lisa Rickert to Ron Ninemire discussing possibility of
consulting on case
Exhibit 128 - Hallmarks of Bipolar Disorder
Exhibit 129 — 2006 FPD Contract with Dani Waller
Exhibit 130 - Memo from Dani Waller to Team re: Interview of Family 9.12.06
Exhibit 131 - Chart of Similar Cases Involving Fetal Abduction
Exhibit 132 - Letter from Susan Hunt to Isaac Johnson, CCA Chief of Security, 3.5.05
Exhibit 133 — Timeline of Trial Counsel
Exhibit 134 - Letter from John David Luton, Tulsa D.A.
Exhibit 135 - The Jury as Critic: an Empirical Look at How Capital Juries Perceive
Expert and Lay Testimony, Scott E. Sundby
Exhibit 136 - U.S.D.C. Docket Sheet - USA v. Montgomery, No. 2:04-mi-08 1 07-DJW-1
Exhibit 137 — 5.9.2007 Notes by R. Ketchmark on hearing to complete expert
examination
Exhibit 138 — 4.3.2007 Notes by R. Ketchmark on meeting wherein Duchardt revealed
that in January 2007 Mrs. Montgomery said Tommy Kleiner with her during the
xvi
crime and stating that Leona Hayes made a positive identification of Tommy
Kleiner.
Exhibit 139 - Duchardt’s 9.29.2007 letter to DOJ providing reports of experts, endorsing
defense of pseudocyesis that caused her to be unable to appreciate wrongfulness
of her conduct,
Exhibit 140 - Billing statement - Dillingham
Exhibit 141 - Billing statement - Dillingham
Exhibit 142 — 10.14. 2016 Deposition of Tommy Kleiner regarding the government’s
concealment of his alibi from trial counsel
Exhibit 143 - Base Rates of WAIS-R VIQ-PIQ Differences
Exhibit 144 — Chart (Frequencies of Diff between WAIS III IQ and Index Score)
Exhibit 145 - Probation chronos for Tommy Kleiner from 12.09.2004 — 7.05.2007,
documenting probation department’s actions with regard to records about Mr.
Kleiner
Exhibit 146 - MMPI-2 Testing of Dr. Marilyn Hutchinson
Exhibit 147 - MCMI-II] Testing by Dr. Marilyn Hutchinson
Exhibit 148 - Printout MIM Re-analysis
Exhibit 149 - no exhibit
Exhibit 150 - no exhibit
Exhibit 151 - no exhibit
Exhibit 152 - Martell’s MMPI-2
Exhibit 153 - 2007 PAI report
Exhibit 154 — PowerPoint presentation of the Inter-generational Biopsychosocial
Influences on Mrs. Montgomery’s Development by Janet Vogelsang presented
(albeit in truncated fashion) in testimony at 2255 hearing (see Vol. VI, p. 1460-
1535, November 7, 2016).
Exhibit 155 — PowerPoint presentation of Dr. Porterfield’s expert opinions presented in
testimony at the 2255 hearing (see Vol. VI. p.1577-1591 November 7, 2016, and
Volume VII p. 1636-171, November 8, 2016)
Exhibit 156 - Dr. Ruben Gur CV
Exhibit 157 — 3.07.2007 Memo from Fred Duchardt to Trial Team
Exhibit 158 - Leona Hayes Statement
Exhibit 159 — PowerPoint Presentation of Dr. George Woods’ expert opinions presented
in testimony at 2255 hearing (see Vol. VII, p. 1746-1864, November 8, 2016).
Exhibit 160 — 2007 fax memo Fred Duchardt to FDC Warden including his wife, Ryland
Duchardt, in his visitation request
Exhibit 161 - Declaration of Dorales Torres, potential juror who was excluded because
she was Cuban, attesting to her proficiency in English and her ability to
understand the proceedings.
Exhibit 162 - Juror Questionnaire of Juror 24 — Torres, completed in English, noting she
was a high school graduate, that the last book she read was Dante’s The Divine
Comedy.
xvii
Attachment J. Application for Certificate of Appealability to the Eighth Circuit
Tableot'Contents ena: i
Table of Authorities XxX
I. Introduction/References to the record. .......:.ccsecsesesecsseeessceereceeseseetsceenecnerenses 1
TI. Issues for which COA is requested. ......ccccsessessessecsessecsecsecsecseesecnecsecseesecneeneens 11
TIT. = Procedural History. ......c.ccccccccsssessssessescssescssesccssscsssessssecscsucsesucsesecseescsescssenens 14
COA Standard inatcapital 226biCaSen arcu 20
No Statementof Pacthv.c. eee eee gee 23
A. How Lisa Montgomery lost a highly trained and qualified team and came
to be represented by conflicted counsel who refuse to follow professional
MOVING ssausap ences opees sa atoaneads esate bee ap a TeT UNS UTERO ALPERT UROL DLO NRI ALG 23
1. Mr. Owen causes Mrs. Montgomery to lose attorney Anita Burns
and mitigation Specialist Lisa Rickert ...........cccccceeeesseeeeeteeeeteeteeees 28
Inexperience and micromanagement cripple the Hunt/Owen team... 31
At the urging of resource counsel, the team seeks help from Judy
Clarke. w.e.ceececseeeessseseeseseeeecsenseesesssseesnseeseeaeseneseseees
2.
3.
4. Progress begins with Judy Clarke leading the team
5.
6.
The FPD develops resentments :
FPD unilaterally goes to the court with untrue accusations against
Mise Clare series ccevevnscesecstscrenesesovegusn essa ests evengse 0civ ane ev eigen eo ieee esTinererete 53
7 What was said off-the-record. junc esenc siemens 57
8. Ms. Hunt, Ms. Clarke, Mrs. Montgomery belatedly learn that Ms.
Clarke is off the case.64
9. Mrs. Montpomery isidevastated wincceverecvi eccrine! 67
10. Ms. Hunt tries to bring Ms. Clarke back to the case. .....c.cesesesseeseeeees 70
11 At Ms. Hunt’s instruction, Mrs. Montgomery writes the court a
letter: She is devastated by the loss of Ms. Clarke, has lost trust in
attorneys, but expresses appreciation for Ms. Hunt... . 15
12. After more off the record communication, the court removes Ms. (Fini
Sith
13. Mr. Owen fires second mitigation specialist, Holly Jackson.
14. The court appoints Mr. Duchardt as learned counsel............sss:cssesesse00:
B. How counsel failed to comply with professional norms regarding
xviii
preparation of a social history, latched onto an improbably defense theory,
lied to the court thereby committing to an unqualified expert and
unsupportable defense, and missed a “field of red flags” signaling the need
for investigation of Mrs. Montgomery’s lifetime of trauma and mental
impairment.
Mr. Duchardt jumps on hiring Dr. Ruben Gur.
Regular team meetings and record collection Stop. ........::sseeceeteeeeeeenee 89
Institutional knowledge of the case is lost in the turnover.
Mr. Owen floats his pseudocyesis theory again..
Mr. Owen resumes his special relationship with Mrs. Montgomery’s
WNOCH OD ccs cesccasscesscacseovssusveovssusveusssusicovtousicestsusicestsusicovisesecestssscests
New mitigation specialist is hired but not allowed to do her job ss
Personality problems continue to compromise the team’s efforts.......... 98
Due to turnover, mental illness, and trauma, Mrs. Montgomery
canit trust her lawVyersiacicra cic rierrcrrre erie reer rere 105
Case conflicts distract Mr. Duchardt. 108
Focused elsewhere, counsel sends consulting expert’s work product
tO GOVELNMENE EXPOLE. .cciscccsevcscesscvevessorvevevesseresserotsersevencssersrvevsteersevevers 109
FPD demotes Mr. Owen. melds
Mr. Duchardt misrepresents his wife’s role to the BOP warden........ 112
Ms. Waller alerts Mr. Duchardt that mental health evidence is not
ready tor thigh er eee tee tee tee ri 113
RPO OND OPWNP
S
a
NP
a
bo
=
ca
Mr. Duchardt locks himself into a pseudocyesis defense by
announcing his experts have spoken to Mrs. Montgomery and are
writing reports on pseudocyesis. . 118
Missing symptoms of dissociation, the counsel pursue ‘the Tommy
SETS oso e cea ass ceenssveg ss o0c enn e ever od eg US VLU Oe CHET EWUY OLLIE ELC CLTEOL, COOL EE 121
Mr. Duchardt relies on Mrs. Montgomery for his mitigation
FR
a Oo
17. Mr. Duchardt et al miss obvious red flag signaling need for
AM VESEI BALIONM. oie cresessceseseswceresesncesusessecrusesaecressssecrudtsseurudtsvecredtsteeredesseerest 133
18. NGRI defense needlessly subjects Mrs. Montgomery to interrogation
iby Governmentexpertinc see einer. 134
19. Failing to comply with professional norms regarding development of a
social history, Duchardt team misses critical mitigation evidence.
a Information that Lisa was serially raped by multiple
perpetrators is IgNOVEd ..........eesseeeeesseseeeeseeseteesecseesesscsenseneenens 140
b. The names of the perpetrators contained in records collected
xix
20.
by prior teams are ignored.........ccesesceeeseceeeteeeeceseeereeseenereneene 145
C. The database cannot and does not function as a social history
d. An intergenerational history is not developed. ......::ssseseeeees 149
e. Evidence regarding cruelty in the Kleiner home is not
developed, presented to experts, or integrated into the
mitigation strategy. .
f. Mr. Duchardt fails to recognize, investigate, and develop
Lisa’s history of dissociation unrelated to the crime. ............... 164
g. Proof that Lisa was mistreated even as an adult — reflecting
and exacerbating the effect of her traumatic upbringing —
WAS IONOLCd: nine ie eri meriie ries 167
h. Counsel fail to investigate Mrs. Montgomery’s pre-crime
functioning: If they had, would have known this was not a
“good mother” who “just snapped” ........ceccceseeeteeseeeeteeeeeeteeneee 169
i. Counsel fail to investigate neurobehavioral symptoms of
brain dysfunction and to consult a neurologist. ..........eee we)
j. Counsel fail to investigate and develop proof of Mrs.
Monteomery sremorse ee eerie ee 180
k. Counsel fail to investigate other, similar crimes for
proportionality argument. .........:ceceseeceeteceeceeeeeeeneeeeeeseaeeneeeaee 183
Stretching Dr. Gur’s conclusions into support for pseudocyesis draws a
Daubert challenge to Dr. Gur’s testimony in the first phase of the trial.
seeeneeetiteareeracesrarevisurarescesetnseareisasciesesstcess ivereoraccetareviceversessctory stern pacers 183
C. Trial: How counsel’s improbable, unsupported pseudocyesis defense stepped on
the mitigation proof counsel had developed. .........:.:scecsesesseseseeeeteeeeeeeseenenes 187
1. The team’s pseudocyesis theory is inconsistent with the facts, Mr.
Duchardt can’t back out of his misrepresentation to the court............ 189
es ‘The Tommy Defense’ is not ruled out until after voir dire has begun.
Sea eee arenes er enamine renee ctr reren rte nennrent ater eer cren een 206
3) Despite concerns about Mrs. Montgomery’s competence, no one seeks an
assessment or a competency determination. ..........c:cccseeseeeteesteeeteeee 211
4 Counsel fail to protect Mrs. Montgomery’s right not to proceed with
EXPerteValUAtlONy ne qicreges soiree eres yueerenaeeerte etree see 214
5 Counsel inadvertently creates (erroneous) proof that Mrs. Montgomery
malingered by mishandling Hutchinson notes and data, undermining all
mental health evidence, .....ccccscssssscsssssssssesssssessessssessssssesssssssessssnsees 216
6. Counsel’s inadequate, incomplete presentation of mental health evidence
xx
10.
in support of NGRI steps on its mitigating value .226
a. BEES Dseareseiesrscevivecesretivesierieerien reer nersneee 226
b. Othermayjor mentallil lNessesavcnuse cs viee cote eave aeee entree 231
The team’s presentation of Mrs. Montgomery’s children backfires.
Wi sven Saseduassutaesesebsatsusvsenveseuvsesitieerscocstsghectatsvererenevedesisdrséussessncsstsvoutsucessessey 233
Mr. Duchardt mishandles the expert witnesses n2o0
a. Ramachandran. 235
b. Dietz... 238
c. Martell 239
d. Logan.. 241
e. McCandless. 243
f. Kuncel. ........ 245
Counsel fails to present mitigation evidence readily available through
the witnesses who testified at trial..........ccccssssscsssssscssesssscssseeeeneeees 248
a. Despite calling David Kidwell as a witness, the defense team
fails to present proof of serial, gang rape, by Mr. Kleiner's
Dan) 16 Fs Reeve en ere Ne eo PRE YEE RE VRE vee EEE 249
b. Despite calling Diane Mattingly as a witness, the team fails to
present that as a child, Lisa witnessed her sister being raped.
c The team fails to present Judy’s cruelty in repeatedly forcing
Diane out of the home......csssssssssssessssseesssssessensssessesesessseees 253
d. Failed to present all the available information in Nancy
Wallentimi’s report. .......cccccccscccsscsssesscesessessesesssserseesessssnseseessensees 2b7
Counsel fails to explain to the jury that Mrs. Montgomery is under the
influence of psychotropic MECICATIONS. ......:cssessessssessssossessssesossssossasons 259
D. §2255 Proceedings: Mrs. Montgomery establishes her entitlement to relief
despite denial of process, removal of habeas counsel, and the district court’s
limitation of prouterre ie i re er re re rer rer rer ire ire 263
1.
Mrs. Montgomery filed her Motion to Vacate, Set Aside, or Correct
Sentence Pursuant to 28 U.S.C. §2255.....cccesesesesseseeteteeeeeeseneneneeeseeee 263
Counsel pleads claims relating to the removal of Judy Clarke upon
information and belief and seeks reassignment of the motion to allow
discovery Of udee Venners testi MON yan ene eae ee tee ere ene 266
The district court hears oral arguments on the motion to reassign. ....270
The court denies the motion to reassign and contemplates removing
COUNSE] sicsecsessessesessvssssvssvssssessvasesvssvssesvssvssestsunssdsesdniusstsu tisisesu nesses nsNeeSeaty 275
The district court denies motion to stay and supplements the
record...
The district court compels trial counsel to provide affidavit to the
21
government and grants discovery to trial counsel. ..........sceeeeeseeereeeee 280
q. The district court removes Ms. Blegen as counsel for Mrs. Montgomery.
c 283
8. The district court grants an evidentiary hearing and sets the matter for
hearing expeditiously. 286
9, The district court limits the hearing. . 287
a. The district court limits the testimony of Mrs. Montgomery’s
expert witnesses. 288
b. The district court excludes expert testimony. 290
c The district court chastises counsel for failing to anticipate the
exclusion of Professor FOX. ....cccsssssssssssssssssssessesssssssesesssseseess 292
E. The proof at the hearing entitles Mrs. Montgomery to relief..............::.0000++ 296
1. Mrs. Montgomery establishes that standards for effective capital
representation and identifies the red flags ignored by the trial team.
Satasusabestsssvacsassesvays ets vansoucsssavevertsvsserissssvelsestssuscsesscssusuottsvexseissesersevrsssanees 297
2 Testimony by capital defense practitioners confirmed that the
standards presented by the expert witnesses are the standard of
practice in representation of capital Clients. .......::ccccsccssssessssessssesrsssees uly
= Mrs. Montgomery presents the history of the disruption of counsel
including its case and effects on representation. ....
a. Because the Hunt/Owen team was “floundering,” it sought help
from Mr. Burr and Ms. Clarke. .....cccssssesssssesesssssseseseseeseees 822
b. Ms. Clarke and her team made progress in the six months they
were on the case. . 325
ic The team began developing rapport with Mrs. Montgomery and
noted her symptoms of impairment:
d. Under Ms. Clarke’s leadership, record collection “skyrocketed”.
e. Under Ms. Clarke’s leadership the team identified a “whole field
of red flags”.
f. Team members qualified to identify and assess symptoms of
trauma and mental illness began the process of observation,
investigation, and assessment...
g. Team members qualified to identify and assess symptoms of
trauma and mental illness perceived that Mrs. Montgomery’s
competence was impaired. ...
h. The team ruled out the possibility that Tommy Kleiner was
present at the Crime. ........cccccscssccsesssscsecsssssesseessssseeeesssstsesesssensees 335
ih The team ruled out Dr. Ramachandran as an appropriate
22
10.
ili,
1s
13;
Gefense CXPeLt....c.cccccccecsssessssessseessscessssesssssssssssssssssssssssssssssnsesenes BEY
The team began identifying and retaining experts.339
k. Mrs. Montgomery was devastated by the loss of Ms. Clarke and
the loss further weakened her ability to trust any lawyer.......340
Mrs. Montgomery presented proof that Mr. Owen’s lack of awareness
pettiness, and misogyny was the source of the team’s probleme. ........ 342
Mrs. Montgomery established that resource counsel and their
mitigation team remained available to assist even after Ms. Clarke was
removed, but were never invited to help. ..........ssssccsscssesssssessssrssssesseneees 350
Sots
Mrs. Montgomery presented trial counsel’s testimony, providing ample
opportunity for counsel to explain their reasoning and strategy.
ee ener en ete create enema eentementeent en retenen serene ener nner nee 353
a. Trial counsel’s testimony established that removal of Ms. Clarke
harmed Mrs. Montgomery and the defense............::c:cscesseeseeee 353
b. Trial counsel’s testimony supported Mrs. Montgomery’s IAC for
failure to competently handle experts claim. ........cceeeeeeeeee 355
c The proof established that counsel failed to reasonably
SPORAcSSLORS¢= RCM 000 F2¢2 1 (0) 0 aera 355
d. The proof rebutted Mr. Duchardt’s prior statements.............005 359
The proof supported Mrs. Montgomery’s Riggins claim...............0.000 361
The proof showed that Mr. Duchardt took his wife on visits with Mrs.
Montgomery, misrepresented his wife’s (non)role to the warden, and
failed to discuss involving his wife with the other attorneys. ........s000 361
The proof established that Mr. Owen and Mr. Duchardt thought Mrs.
Montgomery lacked the ability to rationally assist counsel but did not
alert the court to her inCOMPeteENe. .......::..:ccsesrccsrevsssssccsoosssnsessovssrtsorees 363
The proof established that counsel were ineffective in their pursuit of
‘the Tommy Defense’.......cccccscssssessssessssensssensssesssessssessssenssssssssesssssnsseones 364
The proof established that counsel were ineffective in putting forward a
NGRI defense based upon an unqualified expert’s opinion based upon
an erroneous, presumption of facts.
The proof established that counsel failed to protect Mrs. Montgomery’s
Fifth Amendment Rights. . 867
The proof established that counsel failed to effectively develop expert
testimony/eVideNce. ......cccsssesccsscssensssessssssseesscssseesecssenseeseessssesesesseteseees 368
a. Movant presented the testimony of Dr. Hutchinson to
demonstrate the proof available to trial counsel through Dr.
Hutchinson who had begun an evaluation of Mrs. Montgomery in
2005 and who, had she been provided a comprehensive social
history, could have provided expert psychological testimony
23
14.
15:
regarding the deleterious effect of traUma.....c.ccscsesssesssseesseees 368
Movant presented the testimony of Dr. Logan in support of her
claims of ineffective assistance of counsel as to Mr. Duchardt’s
misrepresentations to the court and as to the team’s handling of
the pseudocyesis defense. ......cccccccsssesssssssssessssessssessssenssssnsssesseees 380
Movant presented Dr. Fucetola’s testimony regarding the
evidence of brain damage identified by his neuropsychological
testing, his recommendation to trial counsel that additional
investigation of Mrs. Montgomery’s brain impairments was
needed, and further information he would have been able to
present had he had a biopsychosocial history. .......:..c:csceseeeeree 388
Movant presented Dr. Kuncel’s testimony regarding trial
counsel’s failure to provide her adequate social history
information, to insure her testing conditions met protocol, to
adequately prepare her to testify, and the trial team’s bungling of
the proof regarding Mrs. Montgomery’s MMPI profile. ............ 392
Movant presented Dr. Sanislow, the nation’s preeminent expert
on the MMPI, who testified that the government’s expert’s use of
the MMPI data did not conform to standard of care and
misrepresented that which can be gleaned from Mrs.
Montpomerys MMPI profilesssccissssssiensisssierrsscriucessirs 396
Movant presented Dr. Davatzikos to support her ineffective
assistance of trial counsel claim regarding counsel’s failure to
adequately defend Dr. Gur’s MRI data at the Daubert Hearing.
Movant presented the testimony of Dr. Newberg to support her
claim of ineffective assistance of counsel for failure to defend the
reliability of Dr. Gur’s PET results thereby opening the door to
the government’s discovery dispute that resulted in the exclusion
Of the PET data. ...sscsssesssssesssesssssesessseessesessessssteessnseesesesises 411
Movant presented Dr. Gur’s testimony that was available but not
presented — at trial regarding his behavioral image, his
testimony regarding the reliability of his MRI data, and the
difficulty posed by counsel’s mishandling of the discovery dispute
that resulted in the exclusion of the PET analysis...............00 417
Movant presented testimony that Dr. Ramachandran never was
the expert Mr. Duchardt represented him to be...........cc:ccceeeees 427
Proof Lisa Montgomery was sexually trafficked becomes available once
iKadwellimemo investigatedsec.c aq eric yieer 432
Proof at the hearing established that trial counsel failed to comply with
prevailing professional norms and prepare a comprehensive social
24
history.
a. Mrs. Montgomery’s social history — both the historical narrative
reflecting family dysfunction and abuse and also the description
of Mrs. Montgomery’s impaired functioning pre-crime — is the
foundation for the reliable expert assessments and opinions
presented at the hearing as well as providing mitigation......... 435
b. Ms. Vogelsang’s proof is uncontested, scrupulously sourced, and
supported by social work literature. .........ccccccsccssessssessesesseesessees 437
es Ms. Vogelsang’s testimony is rooted in the narrative life history
of Lisa Montgomery as framed by the discipline of clinical social
WOT esc sersvescsvruvesssvruvescsvrurescevrustscevsustscevrustsiesrestsuesruresesrertsiesreres 438
d. Ms. Vogelsang sets the stage with intergenerational history
showing patterns of dysfunction and mental illness. ............06 439
e. Ms. Vogelsang’s chaos map illustrates the instability and
TOOtlessness.Of Lisa's UPOLIN PINE... scsssssierssssiscsetssssdiueessiers 450
f. Ms. Vogelsang describes the terror, isolation, and abuse that
permeated Lisa’s childhood and demonstrates Lisa was subjected
to strategies of coercive control......... 451
g. Ms. Vogelsang points to information: indigating Tika’s 's digaociation
and other mental health problems began in childhood............. 462
h. Ms. Vogelsang points to the critical point at which Lisa almost
OSCH DOU is aris secssi saree eres TeE NIE
i. Ms. Vogelsang describes, with reference to clinical literature, the
devastating effect of the chronic trauma, instability and
helplessness on Mrs. Montgomery’s functioning as an adult... 465
16. Mrs. Montgomery presents proof that, once sexual trafficking and gang
rape are presented, proof of the debilitating effect of complex
posttraumatic stress disorder on Lisa’s development and functioning is
COMPELLING, .......cccccseccseescesesssesscesesssrsceeesesssseeeeessetseeeessens
17. Mrs. Montgomery present proof of her significant brain impairments.
502
18. Mrs. Montgomery presents proof that her brain impairments, mental
illness, and Complex Post-Traumatic Stress disorder are more than the
sum of each added together: The conditions are compounding, each
worsening the impairment cause by the other. ...........ccccceceseseeeneeeeee 511
VI Aree tee eee 542
A. It is reasonably debatable that the district court’s abrupt removal of
attorney Judy Clarke from the defense team without notice to Ms.
25
Clarke or Mrs. Montgomery, contrary to the wishes of Ms. Clarke and
Mrs. Montgomery, and without a hearing, violated Mrs. Montgomery’s
rights to counsel, due process, and a fair trial as protected by the Sixth,
Eighth, and Fourteenth Amendments to the United States
Constitution and TSU SiC S8599 mariner etree rs 542
1. In April, 2006, Judy Clarke had established attorney/client
relationship with Mrs. Montgomery and was the only attorney
on the team qualified to represent Mrs. Montgomery.............. 542
a. Prior to Ms. Clarke’s appointment, the defense team was
crippled by inexperience, fear, and power struggles. ... 542
b. Judy Clarke joined the team. .........cccccsecsesscessetseseeseees 545
(oH Without consulting the client and behind lead counsel’s
back, Mr. Owen and Mr. Conrad unilaterally asked the
court to remove Ms. Clarke in an unrecorded ex parte
meeting... 547
d. Susan Hunt tried to undo the damage done, but the court
refused and then instructed Ms. Hunt to withdraw from
THEI CASC isn scssrsessensssensnsnnsniennsnisnnenisnnesinsT 551
2. It is reasonably debatable that the trial court’s decision to
remove Ms. Clark as counsel without notice or hearing was an
unconstitutional denial of Mrs. Montgomery’s Sixth Amendment
wight tocounsele eine erie erie. 552
The district court’s error is structural. ........cssssssssssesseeeees 564
oo
Even though error is structural, Mrs. Montgomery, has
demonstrated actual prejudice seats siesssisresiutieeieresise 566
. David Owen and Ray Conrad rendered ineffective assistance of counsel
by engaging in conduct leading to the district court’s decision to
abruptly remove Ms. Clarke from the defense team without notice to
Ms. Clarke or Mrs. Montgomery and contrary to the wishes of Ms.
Clarke and Mrs. Montgomery resulting in a violation of Mrs.
Montgomery’s rights to counsel, due process, and a fair trial as
protected by the Sixth, Eighth, and Fourteenth Amendments to the
United States Constitution and 18 U.S.C. § 3599.0... cee 570
. Mrs. Montgomery was deprived of counsel at a critical stage in the
proceedings when David Owen and Ray Conrad met with the district
court without her knowledge or consent resulting in the removal of
Judy Clarke as counsel for Mrs. Montgomery in violation of the Fifth,
Sixth, Eighth, and Fourteenth Amendments to the United States
26
COnBtitUtlOM .c.c6.cesccessesesvssnesssesnesasesunesasesunesteesunevssesanesesesunevsecounemtecoatey 574
. Claims A-C are not subject to Procedural Bar. .............:::sscsseseeeee 577
. Itis at least debatable that the district court denied Mrs.
Montgomery due process and a fair hearing on claims relating to the
removal of Judy Clarke as counsel, in violation of the Fifth, Sixth.
Eighth, and Fourteenth Amendments to the United States
Constitution, 28 U.S.C.
§2255, and Rules 6 and 8 of the Rules on Motions Attacking Sentence
Under §2255.....cccccccssscessssessssessssessssossssosssssssssessssssssssssssessssssssssnssesssessees 583,
1 It is at least debatable that the district court should have
FOCUSED TS], as cscsavvescossuscsuevsusesuessuscsvesdussotevdsvestensuvesteresesteves 583
2 The district court erroneously limited discovery. .......:::ss0000 591
3. The district court erroneously denied an evidentiary hearing.
eaaconseesyeavstnegaatecsets saree ssahensecuastenntvinccerersentaenmiintontanererseireseiseen cone 595
4. @onstitubionaliconcernsieecsnvsctic ite atari neers 596
. Multiple deficiencies by successor trial counsel including: failure to
consult with prior counsel, virtually stopping record collection; stalling
the investigation; working on other cases while ignoring Mrs.
Montgomery’s; failing to communicate with other working on the case;
zeroing in on an improbable NGRI defense and an equally improbable
and logically inconsistent innocence defense; refusing to work with his
mitigation expert; failing to develop competent expert proof; and
making false statements to the court, constitute ineffective assistance
OE COUNSEL eevee scvcen ens cvtetis vey rege Uees Un ests ed TELUCULT EOC HEGEL EEL EEDLCTULTELE OEE 599
1. Legal standard. .599
2. Prevailing professional norm .606
a. The proof at the hearing established that the ABA
Guidelines defined the prevailing professional norms at
the time of Mrs. Montgomery’s trial. However, contrary to
the district court’s opinion, Mrs. Montgomery’s proof
regarding prevailing professional norms was corroborated
and animated by Judicial Conference Policy, scholarly
research, professional literature, and expert testimony.
The district court’s order fails to engage with the proof in
the Pecord ss cscissssssvsssnwssssnnsssnnssssnnsessnsssnvse 606
b. Prevailing professional norms at the time of Mrs.
Montgomery’s trial required at a minimum a functioning
team of two lawyers, an investigator, a mitigation
27
specialist, and a person qualified to identify and screen
for mental health symptoms. .........cccccceeceeseeseteeeeeeteeees 613
Prevailing professional norms at the time of Mrs.
Montgomery’s trial required frequent communication
among all the team mMemMbe?PS. .........ccsecccsssssessesssesserseseees 625
Prevailing professional norms at the time of Mrs.
Montgomery’s trial required thorough and complete
INVEStI SALI ON meme etrt tere trettttreter rere etter tttteTe 627
Prevailing professional norms at the time of Mrs.
Montgomery’s trial required counsel to be honest with the
court, to put the interest of the client ahead of
professional interest, and prohibited trial counsel from
continuing its representation once a conflict of interest
arose. - 634
i. The Federal Public Defender’s Office had an actual
conflict of interest in the representation of Lisa
MonteoMmeryen i eee eerie 634
ii. Mr. Duchardt was also operating under an actual
conflict of interest that adversely effected Mrs.
Montgomery, when he knowingly made untrue
statements to the trial court thereby pitting his
interest in not being found out against Mrs.
Montgomery’s interest in a fair trial and effective
YEPLVesentation. ......ccccecceseeseceeeteceeeeeeneeeneeteeeeeenee 636
Counsel’s unprofessional errors prejudiced Mrs. Montgomery
where her first phase defense utterly destroyed any chance she
had in the second phase of trial .641
a. The Tommy Defense. ...... 642
b. Counsel were ineffective in pleading NGRI thereby
waiving important Rule 12.2 protections, in tying their
evidence of brain damage to the unsupportable NGRI
defense resulting in loss of powerful proof of brain
damage, in failing to prepare witnesses to testify, and for
failing to obtain a biopsychosocial history to present a
multidisciplinary team. ......:ccceceeseeceeteeeeeeeeteeeneeteeseeenee 655
i. Counsel chose a factually insupportable defense.
. 655
ii. The NGRI plea exposed Lisa Montgomery to an
expensive five day video-taped interrogation by
seasoned government experts Drs. Park Dietz and
28
g.
Daniel Martell. .....
Trial counsel’s inattention, ineffective investigation, and
lack of preparation led to the disclosure of privileged
information — represented to be the report of Dr. Marilyn
Hutchinson, which was then presented by the
governments experts as proof that a defense expert had
concluded that Mrs. Montgomery was a malingerer. Dr.
Hutchinson testified that she never wrote a report, she
never concluded that Mrs. Montgomery was a malingerer,
and that which was represented as her impressions was
NOt Even her WOK. scc-cscsevscscsessssscsessssscsessesstseevessesesvosscoe 666
Resulting ineffectiveness in cross-examination of Dr.
Dietz, Dr. Martell, and failure to rebut testimony. ....... 670
1. Mr. Duchardt’s cross examination of Dr. Martell
was so poor that his co-counsel became visibly
upset at counsel table and one team member had to
leave the courtroom
ii. Mr. Duchardt’s incomplete social history
investigation left him unprepared to challenge Dr.
Dietz’s testimony. ........cccccccssessessceesesssssseesessenseeeees 678
The defense pursuit of NGRI resulted in the exclusion of
powerful evidence of Mrs. Montgomery’s brain injury
because of the defense insistence of presenting the
evidence in the first phase and the resulting Daubert
challenge that was poorly litigated. ......... cesses 687
Trial counsel failed to object to improper argument which
prejudiced the penalty phase. ........:ccccsccccssesseteseeessenteeeees 695
Cray sed UE) 00) o Panne ene aE PE EERE Eee 697
Mrs. Montgomery’s entitlement to relief is reasonably debatable
where, in contravention of prevailing professional norms of counsel
unreasonably failed to investigate, develop, and present readily
available, compelling penalty phase evidence...........cceseeeereetereeenee 697
1. Contrary to prevailing professional norms, counsel failed to
investigate, develop, and present a full social history despite
obvious red flags signaling familially linked mental illness.
chronic trauma and abuse, an inter-generational family pattern
of custodial interference.
701
2. Counsel failed to present evidence of the pervasive trauma that
permeated Mrs. Montgomery’s life. .......ccccccccsssessssessssessssensssenes 711
29
Counsel failed to investigate the readily available proof of
the justice’s system’s failure to address Jack Kleiner's
rape Of Lisd......ccceceeesseessesseseteeseesceecseesetecseeeceeseneeneeneee 713
The defense undermined their own narrative by
presenting that Lisa’s mother believed that Lisa stole her
USband i cssccnscnescneicnsencnsrutnsennernnesty 717
Counsel failed to present readily available proof of Judy’s
lack of care for and silencing of Lisa. ......c.ccscssesssseessseees 719
Counsel failed to investigate the Kidwell Memo despite its
obvious red flag signaling extreme sexual trauma....... PAL
i. The record refutes the district court’s finding that
the Kidwell evidence was unavailable. ............... 723
ii. The record refutes the district court’s finding that
trial counsel made a strategic decision to abort
further investigation into Kidwell. ...........c. 725
iii. The district court’s finding that the trial counsel
only aborted their investigation after “reasonable
diligence to corroborate Mr. Kidwell’s statement”
is refuted by the record and contrary to case law.
Counsel failed to investigate, develop, and present other
proof of the coercive control and trauma that defined
Lisa's CXIStEN CO s.csvsscsescsscsesissssresressoresrsssoruereseorvereseeree 737
Counsel failed to effectively use experts to explain the
debilitating effects of lifelong, chronic trauma on Lisa.
. . 739
Counsel failed to investigate, develop, and present Mrs.
Montgomery’s impaired functioning prior to the crime. .......... 742
Counsel bungled the presentation of evidence about Mrs.
Montgomery’s brain impairments. ........:ccseesseeseeesesesseeeeeeees 750
a. Because counsel failed to conduct a reasonable
investigation and create social history, counsel did not
glean Mrs. Montgomery’s neurobehavioral history from
available documents, records, and witness interviews.
Seceutosssstanscesicsssansensedeveyessessusesusverass siesinusessarsusevarcsvevescasCovere 751
b. Counsel failed to investigate or develop proof regarding
the neurological effect of trauma on Lisa’s developing
Yana ieecrensesceeusesceneusvsssirusrsceitusistsit trace ittnrsceittnesseitnnssre its 754
c Counsel failed to present the neuropsychological findings
indicative of brain damage found by Dr. Fucetola......... 15T
d. Counsel sought to present Dr. Gur’s finding in the first
30
phase of trial in support of NGRI/pseudocyesis, thereby
drawing the state’s Daubert motion, but failed to present
evidence of Mrs. Montgomery’s brain damage — including
Dr. Gur’s MRI or behavioral image — in the penalty phase.
758
e. Counsel failed to obtain a neurological consult — thereby
failing to investigate or develop proof of Mrs.
Montgomery’s neurological impairments..............00 761
fe Counsel failed to present the synergistic effect of brain
damage, trauma and mental illness, failing to show the
jury that each impairment is both a cause and effect and
the combined nature of all together is greater than the
Stim Ob each vanessa cneveirsnnend 765
Counsel failed to present readily available proof of statutory
Mibigating CITCUMSLANCES: ccsssscrisssseavissraea elise aeeerenieae 766
Mrs. Montgomery’s entitlement of relief is at least reasonably
debatable where, had counsel complied with prevailing
professional norms and conducted a reasonable investigation,
provided a social history to trial experts for accurate and reliable
diagnosis, and explained both the nature of Mrs. Montgomery’s
impairments and their causes, including the devastating
Complex PTSD she suffered as a result of her mother sexually
trafficking her — one juror could have decided to choose life... 768
It is reasonably debatable that Mrs. Montgomery was incompetent to
stand trial because she was unable to rationally assist counsel due to
her brain damage, mental impairments, severe complex trauma, and
the incomplete, ineffective and inappropriate regimen of psychotropic
medication administered to her by CCA before and during her capital
trial. As such, it is reasonably debatable that Mrs. Montgomery’s
rights to due process, a fair trial, effective assistance of counsel, and to
be free from cruel and unusual punishment under the Fifth, Sixth,
Eighth, and Fourteenth Amendment were violated. .........:::cccceeee 174
1 Constitutionality test for competence to stand trial. ............... 774
2. Evidence available pre-trial placed counsel and the district court
on notice that Mrs. Montgomery’s competency was in questions.
775
3. The record establishes that Mrs. Montgomery was unable to
fationally avsist COUNSE! At tllal....cssssscscesssevcacssetostiesseveetcseaee 784
4. It is reasonably debatable that Mrs. Montgomery was tried
while incompetent. (Substantive due process claim)..........000 790
31
5, It is reasonably debatable that the district court should have
conducted a competency hearing. (Procedural due process claim)
793
6. It is reasonably debatable that trial counsel was ineffective in
failing to raise a competence claim at trial. (IAC claim)........... 795
a. Prevailing professional norms.
b. Red 18 sau iea iene eee ree
c Prejudice cis sscssssssiem assists musanim sieeanE
It is reasonably debatable that Mrs. Montgomery’s Fifth Sixth, Eighth,
and Fourteenth Amendment rights to due process, full and fair trial,
and reliable sentencing were violated when she was administered
multiple psychotropic medications during her trial which distorted her
affect, while at the same time incompletely treating her comorbid
mental illnesses without a detailed pre-trial determination that the
administration of the drugs during trial was necessary. Further, trial
counsel was ineffective for failing to raise issue with the trial court;
failing to explain this issue to Mrs. Montgomery; and failing to elicit
testimony that would explain the physiological impact of medications
to the jury .799
A, Riggins v. Nevada and its progeny hold that a criminal
defendant may not be forcibly medicated during trial absent
detailed findings that support the involuntary administration
of the medication and ameliorative steps are taken to lessen
the impact of the medication on the trial rights of the
defendant.
a oT
2b, The incomplete and ineffective treatment regimen of multiple
psychotropic medications administered to Mrs. Montgomery had
significant side effects resulting in her loss of a full and fair
trial, interfered with her right to counsel and right to present a
defense, and deprived her of a fair sentencing hearing in
violation of the Fifth, Sixth, Eighth, and Fourteenth
AMONG MENDES Me sesessesssrecssvesrscssvsorectsdrorssteitorectsrierectsisreetenisrecttees 804
a; Opinionvof Drs Bradtordscscsmecsnise caus entire eer eeeee 804
b. Dr. Woods corroborates Dr. Bradford’s
OPINION. 0... eee eeceeeececeesecneceeeeseceeeeseceeeesecneseaeseeeeeeeaeeeeeenee 807
3. The evidence in the record establishes that Mrs. Montgomery
did not voluntarily agree to be medicated during her capital trial
AN VIOlAtION Of IOUS ..csccssssssssiessscsseivssssvetesiesesissuecsiesiesseiiessusses 813
32
It is reasonably debatable that trial counsel was constitutionally
ineffective in failing to protect Mrs. Montgomery’s rights under
Riggins v. Nevada and in failing to ameliorate the impact of the
jury observing Mrs. Montgomery under the influence of
psychotropicmedication ee ee ee 818
a. It is reasonably debatable that trial counsel’s performance
fell below prevailing professional normS...........:0sse0s08 818
b. It is reasonably debatable that Mrs. Montgomery was
prejudiced in multiple was by trial counsel’s professional
+822
i. The jury observed Mrs. Montgomery display a flat
affect without any understanding that the
medications, and her major mental illness, were
errors. ..
LESPONSIDI]e. ........cceesssssesseescceeessssscessesssetseseesseteeeees 822
ii. Government took advantage of Mrs. Montgomery’s
APPCATATICO i isessessvsersesevevseeevseveresisesureansesuteneesnrte 824
iii. Mrs. Montgomery was not competent. ....ssss 825
iv. Mrs. Montgomery’s trial while involuntarily
medicated undermined her insanity defense. ..... 826
N. Renalty phase mince ssvieiseviserre ree 827
J. Mrs. Montgomery was denied due process at the evidentiary hearing
below were the court denied discovery, failed to honor stipulations, cut
short testimony, and displayed bias towards habeas counsel............ 827
iL,
The court’s decision to grant an evidentiary hearing, by
definition, meant that Mrs. Montgomery met the standard for
conducting discovery under Rule 6 of the Rules on Motion
Attacking Sentence Under §2255. The denial of discovery was
therefore a denial of due process and a full and fair hearing.. 829
Mrs. Montgomery was denied due process and a full and fair
hearing where without notice to Mrs. Montgomery, in its final
order the district court failed to treat stipulations as
agreements between the parties, and where the district court
truncated witness’ testimony based on the stipulation of the
government.
Mrs. Montgomery was denied due process and full and fair
hearing where the district court decided her case without post-
hearing briefine oraitranscript.ct. ice ee 835
Mrs. Montgomery was denied procedural due process and a full
33
and fair hearing where the district court excluded the testimony
of Lawrence Hox, EXsqui.cccsscsca-csrestsueeincvsisesecorenesscoeeginetore 835
Dd: Mrs. Montgomery was denied procedural due process in the
district court because she was denied a hearing before an
impartialarbiterien ie eerie ies 837
K. It is reasonably debatable that Mrs. Montgomery’s rights to due
process and a fair reliable sentence free from emotion and caprice
under the Fifth, Sixth, Eighth and Fourteenth Amendments were
violated by the introduction of overly prejudicial victim impact
evidence. Trial counsel was constitutionally ineffective for failing to
Object to this Proof. oo... cee eesesseseeeeeeseeeeeeseseeeeseesecscneneeeseeseseeeeeseseeneess 839
L. Mrs. Montgomery’s capital sentence violates the Eighth Amendment.
because it is constitutionally disproportionate where Mrs. Montgomery
is the only individual to be sentenced to death for these crime facts and
where Mrs. Montgomery suffers from brain damage and severe mental
DNNOSS iesecesescoscssescescssescosesrascosessessosestasiosesrastosesrisiosessistosessisiosesrisiosesrisios 840
M. Government witness, Dr. Park Dietz, presented untrue and prejudicial
testimony regarding the nature of the Grand Jury investigation into
his untrue testimony in the Andrea Yates trial and the circumstances
surrounding that untrue testimony in violation of the Fifth, Sixth,
Eighth, and Fourteenth Amendments, Napue v. Illinois, 360 U.S. 264
(1959), and Giglio v. United States, 405 U.S. 150 (1972)... cee 843,
VIED Conclusion s25.40. eee ee ee te ee 845
VIL. Certificate of Service.
34
35
