MCKINNEY, Texas -- Lie detector tests indicated murder defendant Candace Montgomery was truthful in saying she was not the aggressor in an ax attack on her former lover's wife, a polygraph expert testified Tuesday.
The defense rested presenting the polygraph evidence to back its claim that Mrs. Montgomery killed school teacher Betty Gore in self-defense. Mrs. Gore was killed with 41 blows of the ax.
Testimony in the 8-day trial was completed Tuesday and final arguments by the defense and prosecution were scheduled to begin at 9 a.m. Wednesday.
Expert Don McElroy, who administered the ploygraph test to Mrs. Montgomery, said she did not lie when she said she did not go to the Gores' Wylie home June 13, 1980, with the intent of harming Mrs. Gore.
Mrs. Montgomery has said she went to pick up a bathing suit for Mrs. Gore's daughter, for whom she was baby-sitting.
Defense attorney Don Crowder contends Mrs. Gore first attacked Mrs. Montgomery because she was jealous of a past affair with her husband, Allan Gore.
McElroy said the polygraph backed Mrs. Montgomery's statement that Mrs. Gore brought the ax into the living room where Mrs. Montgomery was waiting and where the fight began.
State District Judge Tom Ryan, ruling in favor of defense objections, disallowed admission in the trial of a Dallas television station's film and a psychiatrist's testimony.
The film -- shown outside the presence of the jury -- was made and aired last Friday. It showed Mrs. Montgomery getting out of her car and walking to the courtroom for the morning session. As the cameraman, walking backward stumbled, Mrs. Montgomery looked into the camera and said, "I hope you fall."
District Attorney Tom O'Connell argued Mrs. Montgomery's statement might dispel the defense's contention that she is not an aggressive, violent person.
But Crowder responded that "nothing could possibly be gleaned" from the 10-second tape.
"It does not show a mean character or a mean spirit," he said. "This was 10 seconds out of the most extremely trying circumstances in her life. It is nothing but pure theatrics."
Ryan also ruled testimony from Dr. Thomas Thornton, who examined Mrs. Montgomery Saturday and said Monday she was mentally competent to stand trial, could not be entered into evidence.
Crowder argued Thornton examined Mrs. Montgomery on the premise that his testimony would not be used against her in the guilt or innocent phase of the trial.
