KANSAS CITY, MO (KCTV) -- Lisa Montgomery’s attorneys are asking a judge to declare her legally incompetent.

The new filing argues her looming execution violates the constitution.

“Presently [Mrs. Montgomery’s] mental condition results in her inability rationally to understand she will be executed, why she will be executed, or even where she is. Under such circumstances, her execution would violate the Eighth Amendment.”

Attorneys say Montgomery’s poor mental health is deteriorating. She has been diagnosed with numerous mental illnesses including bipolar disorder and psychosis. Doctors says brain scans reveal brain damage which likely happened during violent gang-rapes at the hands of her step-father and his friends.

Case history

Montgomery admits she murdered a pregnant Skidmore, Missouri mother and kidnapped her unborn baby back in 2004.

The case made national news because it was so horrific and played out for several days. Investigators pieced together Montgomery was responsible and raced across state lines to recover the baby.

Information from Bobbie Jo Stinnett’s computer led them to Melvern, Kansas. People also phoned in tips. Detectives discovered Montgomery at her farmhouse holding a newborn.  At first, she said the birth took place in a birthing center the previous day. Then, she claimed it was a home birth. Her story quickly unraveled when faced with overwhelming evidence. A DNA test quickly confirmed the baby was the kidnapped Stinnett baby.

“This is one of the cases that haunts investigators. We rarely see something this terrible,” Nodaway County Sheriff Randy Strong remembers.

Bobbie Jo Stinnett had been strangled but the medical examiner testified the young mother to be was alive when she was cut open. He drew that conclusion based on the blood on the soles of her feet.

Stinnett, aged 23, was discovered by her mother in a pool of blood with her fetus missing. 

Upcoming execution

Lisa Montgomery is set to die Tuesday night. If her execution goes through, she will be the first woman executed at the federal level in almost 70 years.

Montgomery’s legal team and supporters have been pushing for clemency due to her mental illnesses and horrific past.

There is a petition before President Trump which blames safety nets like schools and even the court system for not intervening.

There’s no question it was a horrific murder. Bobbie Jo Stinnett, a young pregnant woman was strangled, and her unborn child was cut from her womb.

Montgomery’s supporters say the horrific crime is a sign of how deeply disturbed Montgomery’s mind is and there will be no justice in killing a severely damaged person.

Montgomery’s legal team pieced together her abusive pasts through court records, admissions and testimony from her half-sister. Diane Mattingly was removed from the house when she was 8 years old. 

“She was slowly broken down to where she fell apart,” Mattingly said.

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