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1State of Missouri )) ss.County of Jackson )
A F F I D A V I TI, Special Agent (SA) Craig M. Arnold, Federal Bureau ofInvestigation, being duly sworn, state the following is true andcorrect to the best of my knowledge and belief based oninformation provided to me by SA Kurt Lipanovich of the FederalBureau of Investigation:1. SA Lipanovich is presently assigned to the St. Joseph,Missouri, Resident Agency. He has been an FBI Special Agent forapproximately 15 years. SA Lipanovich is responsible for investigating violations of federal criminal law in the 17northwest counties of Missouri, which includes the town ofSkidmore in Nodaway County.2. This affidavit is made in support of a complaint for Lisa Montgomery for violation of Title 18, United States Code,Section, 1201, kidnaping.3. On December 16, 2004, Special Agent Mickey L. Roberts,FBI, provided SA Lipanovich with the following information:a. SA Roberts had been contacted by FBI Headquartersin Washington D.C. in connection with the murder of a pregnantwoman in Skidmore, Missouri, earlier that same day, in which thewoman's fetus had been removed.
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2b. After contacting the Nodaway County Sheriff'sDepartment, SA Roberts was informed the woman was approximately 8months pregnant with a female fetus. The victim had beenstrangled in her own home, her abdomen had been cut open and thefetus removed.c. The victim was found with blond hair clenched inher hands; the victim does not have blond hair.4. On December 17, 2004, Nodaway County Sheriff Ben Espeyprovided SA Lipanovich with the following information:a. On December 16, 2004, the Nodaway County Sheriff'sDepartment received a 911 call at 3:38 PM from Becky Harper, themother of Bobbie Jo Stinnett, stating that her daughter was dead. Harper had gone to her daughter's residence, 410 W. Elm,Skidmore, Missouri, and discovered her daughter lying in a poolof blood in her residence. Harper noted it appeared as thoughher daughter's stomach had exploded.b. Harper subsequently told Espey her daughter, BobbieJo, had been 8 months pregnant with a female fetus.c. Espey later learned, following a crime sceneinvestigation, that Stinnett's stomach had been cut laterally,there was no longer a fetus inside her and that the umbilicalcord had been cut.d. At the hospital, Espey learned there were ligaturemarks on Stinnett's throat indicating she had been strangled from
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behind. It also appeared Stinnett was dead at the scene. Blondhair was found clenched in both of Stinnett's hands.e. Espey also learned from Harper that on December 16,2004, at approximately 2:30 PM, Harper had called Stinnett to askher (Stinnett) to pick her up from work. Stinnett told hermother she was expecting someone to come and look at her dogs andthen stated, "Oh, they're here, I've got to go."5. On December 17, 2004, Brad Ussary, Missouri StateHighway Patrol, provided SA Lipanovich with the followinginformation:a. Chris Law, a neighbor of Stinnett who lives downthe street, observed a pinkish red two door vehicle in front ofStinnett's residence. The vehicle was parked in front of theresidence from about 12:30 PM to 2:30 PM when Law left.b. Law further described the vehicle as possibly aMazda, a Toyota or a Hyundai. Law noted the vehicle was verydirty.6. On December 17, 2004, Dave Merrill, Missouri StateHighway Patrol, provided SA Lipanovich with the followinginformation:a. While processing the crime scene at Stinnett'sresidence, Merrill learned there was a computer at the residenceand that the victim had been active on the Internet in connectionwith her dog breeding business.
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4b. The crime scene was processed by the evidenceresponse team from the St. Joseph, Missouri, Police Department.c. Curtis Howard, a St. Joseph Police Detective, and acomputer forensic examiner, pre-viewed Stinnett's computer andfound message board chats involving the following
users:xgringo@hotmail.com;
fischer4kids@hotmail.com;
andhappyhavenfarms@hotmail.com, in connection with Stinnett's dogbreeding business.d. The Hotmail user
xgringo@hotmail.com wassubsequently determined to be a Jason
Dawson;happyhavenfarms@hotmail.com was determined to be Stinnett's emailaddress. The identity of
fischer4kids@hotmail.com was unknown.e. According to the chat on the message board, DarleneFischer was interested in looking at some dogs. Fischer claimedto live north of Fairfax, Missouri, and asked Stinnett fordirections to her house. Fischer also asked Stinnett what wouldbe a good time for her to come over to Stinnett's house in themorning of December 16, 2004.f. Attempts to locate a Darlene Fischer in Fairfax,Missouri, were negative.g. Forensic evidence gathered from Stinnett'sresidence was taken by the St. Joseph Police Department back toSt. Joseph, Missouri, including Stinnett's computer.h. Jeff Owen, a forensic examiner with the Kansas City
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Regional Computer Forensic Laboratory ("RCFL"), picked upStinnett's computer from the St. Joseph Police Department andtransported it to the RCFL for further analysis.7. On December 17, 2004, Diane Siktar provided SALipanovich with the following information:a. Siktar is a dog breeder in Franklin, NorthCarolina, and read about Stinnett's murder on a rat terriermessage board. Siktar provided the Uniform Resource Locator("URL") for the rat terrier board as"HTTP://members.boardhost.com/breedersboard/."b. In reviewing messages posted to the board, Siktarfound a message from Darlene Fischer, on December 15, 2004, withan email address of
fischer4kids@hotmail.com, to Stinnett askingfor directions to her house. Fischer said she was supposed tomeet with Stinnett about a dog and needed directions toStinnett's house. Stinnett replied by email and they apparentlychatted for some time, possibly on instant messenger. OnDecember 15, 2004, Stinnett also posted to the message board thatshe was looking forward to meeting Fischer on December 16, 2004,in the morning.c. Siktar provided SA Lipanovich with the IP addressof the message Darlene Fischer posted to the rat terrier messageboard. The IP address was 65.150.168.223.8. On December 17, 2004, Jeff Owen, RCFL, provided SA
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6Lipanovich with the following information:a. The IP address of 65.150.168.223 resolves to QwestCommunications, in Virginia.b. Stinnett's chat with Darlene Fischer occurred onDecember 15, 2004, from approximately 5:37 PM to 5:57 PM.9. On December 17, 2004, Melissa Erwin, Senior SecuritySpecialist, Qwest Communications, provided SA Lipanovich with thefollowing information:a. Erwin confirmed that IP address 65.150.168.223 isassigned to Qwest Communications.b. Based on the usage of that IP address on December15, 2004, Erwin was able to determine, through a reverse domainname system search, that the server being used was located inTopeka, Kansas.c. By reviewing her company's Internet connectionlogs, Erwin was further able to determine IP address65.150.168.223 on December 15, 2004, between the approximate timeof 5:37 PM to 5:57 PM was assigned to
kelimont@earthlink.net andhad been accessed by a dial-up connection. The number from whichthe dial-up connection was made was (785) 549-3548.d. Erwin then conducted an Internet telephone searchfor telephone number (785) 549-3548 and determined the number wassubscribed to by Kevin Montgomery, 32419 S. Adams Road, Melvern,Kansas, 66510.
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710. On December 17, 2004, Special Agent Michael R. Miller,FBI, provided SA Lipanovich with the following information:a. SA Miller and other law enforcement officersconducted surveillance of a residence located at 32419 S. AdamsRoad, Melvern, Kansas. Thereafter, Miller observed a dirty redToyota Corolla, bearing Kansas license plate RAH085 pull up infront of the residence.b. Thereafter, Miller and other law enforcementofficers contacted the residents of 32419 S. Adams Road, Melvern,Kansas, and identified Kevin and Lisa Montgomery. Alsoidentified in their custody was a newborn female infant.c. Kevin Montgomery advised that yesterday, December16, 2004, he arrived home from work at about 5:15 PM. Kevin'swife had been shopping in Topeka, Kansas, and called to tell himshe had gone into labor and delivered a baby.d. Thereafter, Kevin, and his two children, a 9th and12th grader, drove in Kevin's pickup truck and met LisaMontgomery in the parking lot of a Long John Silver in Topeka,Kansas.e. Lisa and the baby then got into the truck withKevin and the two children got into the red Toyota Corolla andthey all drove back to their residence in Melvern, Kansas.f. Lisa Montgomery said she had been pregnant and delivered her baby on December 16, 2004, at the Woman's Birthing
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8Center in Topeka, Kansas. A subsequent check at the Woman'sBirthing Center revealed there were no births at the Center onDecember 16, 2004.g. After being advised of her constitutional rightsand having waived those rights, Lisa Montgomery thereafterconfessed to having strangled Stinnett and removing the fetus. Lisa Montgomery further admitted the baby she had was Stinnett'sbaby and that she had lied to her husband about given birth to achild.h. The newborn female infant, who had been transportedby Lisa Montgomery from Skidmore, Missouri to Melvern, Kansas was surrendered to emergency medical technicians and health care professionals for examination and observation._____________________Craig M. ArnoldSpecial Agent Federal Bureau of InvestigationSubscribed and sworn to before me this 17th day of December, 2004._________________________SARAH W. HAYS United States Magistrate JudgeWestern District of Missouri