Delay opposed in case of slain pregnant woman

Defense attorneys want to conduct DNA testing

? Federal prosecutors are asking a judge to refuse a defense request to delay the trial of a Kansas woman accused of killing a Missouri woman and cutting a baby from her womb.

In a motion filed Tuesday, prosecutors said there has been ample time for Lisa Montgomery’s attorneys to prepare.

Lisa Montgomery, 37, of Melvern, Kan., faces trial in April on a federal charge of kidnapping resulting in death.

Prosecutors are seeking the death penalty against Montgomery. She is accused of strangling 23-year-old Bobbie Jo Stinnett with a rope on Dec. 16, 2004, at her Skidmore, Mo., home, using a kitchen knife for a crude Caesarean section, then parading the infant around in Kansas as her own.

In the motion seeking the delay, defense lawyers said they needed to conduct their own DNA testing and computer forensics work. The motion also noted that the defense team has changed over the last year.

But the prosecution argued there was a good reason the defense has not yet performed those tests.

“The United States suggests that because of defendant’s confession and the overwhelming weight of evidence found in the trunk of the defendant’s automobile, on her person, and in her home, it is obvious why defense counsel has not requested independent testing,” the prosecution motion said.

Prosecutors noted DNA recovered from under the fingernails of Montgomery when she was arrested and on a bloody rope and knife in the trunk of her vehicle was identified as Bobbie Jo Stinnett’s.

They also noted that Montgomery is represented by a team of attorneys with experience handling death penalty cases.

“It is simply not credible to suggest that these skilled and experienced attorneys cannot be prepared to defend the charges against defendant when they have already had over a year to begin preparation for the defense of this case and have nearly five additional months before this case is scheduled for jury trial,” the motion said.