Stacey Lannert
Encyclopedia
Stacey Ann Lannert was serving a life sentence with no possibility of parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...

 for the murder of her father, Tom Lannert.

On January 10, 2009, outgoing Missouri Governor Matt Blunt
Matt Blunt
Matthew Roy Blunt served as the 54th Governor of Missouri from 2005 to 2009. Before his election as governor, Blunt served ten years in the United States Navy, was elected to serve in the Missouri General Assembly in 1998 and as Missouri's Secretary of State in 2000.A Republican, Blunt was elected...

 commuted her sentence, and that of another woman convicted under similar circumstances. Lannert's new sentence of 20 years makes her eligible for immediate conditional release. She now awaits a parole hearing.

"After an exhaustive review of the facts in both cases, I am commuting the sentences of Stacey Lannert and Charity Carey, who suffered extensive abuse before they took action against the men who raped them and subjected them to other horrible physical and emotional abuse."

The crime and the trial

At the age of 18, in the town of St. John, Missouri
St. John, Missouri
St. John is a suburban city in St. Louis County, Missouri, with its commercial district centered along St. Charles Rock Road. It is a few miles southeast of Lambert-Saint Louis International Airport.As of the 2010 census, the city population was 6,517....

, Lannert shot her father twice. Later, after confessing to killing her father, she cited the commencing sexual abuse of her younger sister, Christy, as a catalyst. After her trial, she was sentenced to life in prison without parole. The prosecutors had alleged that she murdered her father because she wanted his money. Lannert claimed that her father had sexually abused her from the age of eight, and that her report of the abuse to her guidance counselor, babysitter, and psychiatrist
Psychiatrist
A psychiatrist is a physician who specializes in the diagnosis and treatment of mental disorders. All psychiatrists are trained in diagnostic evaluation and in psychotherapy...

 had brought no result. Several expert witnesses testified at both Lannert's trial and appeal, agreeing that Lannert showed signs of abuse.

She testified that, on the night of her father's death, July 4, 1990, she had entered her home via a basement window at approximately 4:15-4:30 am. Seeing a rifle
Rifle
A rifle is a firearm designed to be fired from the shoulder, with a barrel that has a helical groove or pattern of grooves cut into the barrel walls. The raised areas of the rifling are called "lands," which make contact with the projectile , imparting spin around an axis corresponding to the...

, she decided to kill her father. Finding her father asleep on the sofa, she shot him. Rather than killing him, the shot broke his collarbone and startled him awake. Unaware that he had been shot, he asked Stacey to telephone for help and he apparently fell back asleep. At first Lannert complied, but then returned and shot her father in the head at point-blank range. The next day, she had a friend dispose of the murder weapon, and then called the police pretending to have found her father dead on the sofa upon returning home. Evidence introduced at her trial showed that she had, over an extended period of time, explored several possible methods of killing her father, discussed her plans and made preparations with others, and had openly considered the financial gains she would inherit after her father's death.

Charged with first degree murder and other felonies, Lannert's lawyer offered the defense of insanity
Insanity
Insanity, craziness or madness is a spectrum of behaviors characterized by certain abnormal mental or behavioral patterns. Insanity may manifest as violations of societal norms, including becoming a danger to themselves and others, though not all such acts are considered insanity...

 or mental defect, after his attempt to use the "battered spouse syndrome" in her defense. In a pre-trial ruling, the court limited mention of "battered spouse syndrome" but allowed the defendant to make "an offer of proof of self-defense". However, the judge refused to include any claim of self-defense
Self-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...

 in his instructions to the jury. According to the court "the defendant's testimony didn't indicate that she was in immediate fear of serious physical injury or death, as her testimony was that her father was passed out and drunk, or at least asleep when she fired the first shot". Thus, the court concluded that there was not any basis in the evidence for her claim of self-defense. The jury subsequently found her guilty and sentenced her to life imprisonment without the possibility of parole.

Time served and appeals

After sentencing, some members of the jury expressed outrage that facts of sexual and physical abuse were never introduced at the trial. The presiding judge, the Hon. Steven H. Goldman, issued this statement regarding Stacey's case:
"[The] sentence is severe for a 20 year old. It is also somewhat surprising considering the evidence of sexual abuse by the victim's father...[a] conventional life sentence would be more appropriate from a comparison standpoint."


The Missouri Court of Appeals
Missouri Court of Appeals
The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. The court handles most of the appeals from the Missouri Circuit Courts. The court is divided into three districts: Eastern The Missouri Court of Appeals is the intermediate appellate court for the state...

 found in favor of the trial judge. The United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

, issued this statement after Lannert filed a petition for appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

:

"The 'absence of aggression or provocation on the part of the defender' element of the Missouri self-defense statute does not articulate a time frame during which the initial act of aggression and the act of self-defense must occur. It is therefore deeply troubling that the jury was not completely informed of the scope of the abuse Lannert suffered, her fear, or her rage that her sister may also have been victimized by their father. This evidence of battered spouse syndrome might have placed Lannert's actions in proper context, and may have allowed a jury to conclude that Lannert was not the initial aggressor on the night of her father's death, potentially resulting in a very different outcome than what she faces today."


Nonetheless, on March 11, 2003, the court also found in favor of the original trial judge, though "reluctantly": the ruling held that the appeal failed before the cited standards: "Deadly force
Deadly force
Deadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...

 may be used in self-defense only when there is (1) an absence of aggression or provocation on the part of the defender, (2) a real, or apparently real, necessity for the defender to kill in order to save himself from an immediate danger of serious bodily injury or death, (3) a reasonable cause for the defender’s belief in such necessity, and (4) an attempt by the defender to do all within his power consistent with his personal safety to avoid the danger and the need to take a life." The court rejected Lannert's position that "a man who raped his daughter, when she was in the third grade, made him 'the initial aggressor', and the author of his own doom". More crucially, the court noted that the Battered Spouse Syndrome does not amount to a defense in itself, but merely a support for a claim of self-defense, indicating the frame of mind in which the defendant finds herself at the time of the act. The court declined to override Missouri's rules for jury instruction or interpretation of the Battered Spouse Syndrome law.

Lannert, after exhausting all of her appeals, sought from Missouri Governor Matt Blunt
Matt Blunt
Matthew Roy Blunt served as the 54th Governor of Missouri from 2005 to 2009. Before his election as governor, Blunt served ten years in the United States Navy, was elected to serve in the Missouri General Assembly in 1998 and as Missouri's Secretary of State in 2000.A Republican, Blunt was elected...

 either commutation of her sentence to life in prison with the possibility of parole after 15 years (she had already served 18 years) or pardon. On January 10, 2009, the outgoing governor announced the commutation.

Lannert was described as a 'model prisoner,' active in many different community projects as well as helping other survivors of incest
Incest
Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...

 and abuse. She trained service dogs for the handicapped in a selective organization called C.H.A.M.P.S. She also was president of the Outreach program, an organization that brought troubled teens to prison for a wake up call. Her sister Christy, convicted of conspiracy to commit murder, was sentenced to five years imprisonment, and released after serving two and one half years.

Lannert was the focus of energetic support, with numerous websites inviting signatures on a petition for clemency.

Today, she runs Healing Sisters, a resource website and non-profit agency to end sexual abuse in America. She was a guest on The Oprah Winfrey Show on May 14, 2009, The Joy Behar Show
The Joy Behar Show
The Joy Behar Show is a news program and talk show that premiered on HLN on September 29, 2009. The show is hosted by Joy Behar, who is one of the five co-hosts of The View. The show originally aired in the 9:00PM EST slot and 8:00PM CST, but was moved to 10:00PM EST in January 2011...

 on March 16, 2011, and Piers Morgan Tonight
Piers Morgan Tonight
Piers Morgan Tonight is a talk show on CNN, hosted by Piers Morgan. The show premiered on January 17, 2011 and filled the former Larry King Live timeslot. The theme music is written by Anthony James, composer and CEO of British company Music Candy, and his writing partner Yiorgos Bellapaisiotis,...

 on April 20, 2011.

External links

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