Archive for Saturday, December 19, 2009

Ailments won’t save man from prison

December 19, 2009

A Kansas City, Mo., man in his 70s has been sentenced to 19 months behind bars despite his attorney’s concerns that her client could die from a medical condition if he remained incarcerated.

On Friday, Judge Gunnar Sundby handed down the sentence to Eric Montgomery for his involvement in helping another man in 1990 dispose of the body of Lloyd Folsom, who had been murdered. Montgomery has been in jail since July.

During the sentencing hearing, Montgomery’s lawyer, Deb Snider, called a physician to testify. Dr. Gary McIntosh, of Advanced Correctional Healthcare, said Montgomery had a list of ailments including diabetes, chronic obstructive pulmonary disease, stage three renal disease — which could lead to Montgomery’s needing dialysis — a tumorous mass in his lung and possibly lymphoma.

Additionally, McIntosh said Montgomery had had a heart attack, and suffered from depression and aggression. Medical records also have Montgomery’s age at 73 years old, while court records have his age at 79.

“Some of the diseases he has are lethal,” Snider told the judge. “Without the proper care, he will not survive.”

McIntosh said the extent of the cancer in Montgomery’s body will not be known without further testing, but he said the state would be able to provide adequate care.

Just before his sentencing, Montgomery argued that poor medical treatment from his stay in jail for a 2004 conviction of aggravated battery led to his heart attack.

“I won’t live for six months in there,” Montgomery told Sundby. “If you send me back to jail, I’m a dead man.”

According to testimony from an earlier court case, Montgomery helped Everett Bishop dispose of Folsom’s body in April 1990. Bishop was later killed, and another man, Sherill Gary Brinkley, is currently serving time for Bishop’s murder. Montgomery provided testimony in Brinkley’s 1992 murder case that prosecutors say implicated him in Folsom’s death.

Jim Bishop, Everett Bishop’s brother, spoke before the court prior to sentencing.

“I would hate to see a revolving door to let (Montgomery) go and for him to commit another crime,” he said.

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