A judge has issued an arrest warrant for the stepmother of a missing eight-year-old less than a month after police announced they believe the teenage girl was murdered.
Kayla Montgomery’s arrest warrant was issued just two days after a legal battle erupted over Adam, young Harmony’s birth father.
On Tuesday, defense attorneys want to know what prosecutors promised their biological father.
Harmony Montgomery has not been seen alive since October 2019, but Manchester, New Hampshire Police Chief Allen Altenberg said in early August that “biological evidence” leads police to believe she was killed in December 2019.
He did not provide any further information.
Now Harmony’s stepmother, Kayla, faces gun violence and perjury charges.
And dad Adam faces child abuse and unrelated gun charges.
Both have pleaded not guilty to all charges and neither have been charged in connection with Harmony’s death.
However, Kayla failed to appear in court on Thursday, resulting in a judge issuing a warrant for her arrest, a New Hampshire court told The US Sun.
The court said in an email, “While the judge has granted the state’s request for a warrant, it is sealed.”
The court did not say why the warrant is sealed.
Meanwhile, Adam’s defense team filed court documents Tuesday demanding to know what promises were made to Adam.
“In order to protect Mr. Montgomery’s right to due process as described in Brady and His Descendants, the State of Defense must disclose to the Defense any consideration these witnesses receive,” according to documents obtained by The US Sun.
“IT’S A PRE-TRIAL GAME”
Renowned legal expert Bennett Gershman told The US Sun that this is part of the pre-trial chess game, “it’s part of the fundamental fairness of the trial”.
“It’s a game,” said Gershman, a longtime professor at New York’s Pace University Elisabeth Haub School of Law.
“Prosecutors are notorious for keeping evidence for the defense up to the last minute. Fair play requires that this be disclosed as soon as prosecutors learn of it.
“All promises made to witnesses are evidence that must be turned over to the defense.
“Any motivation to testify, any arrangements made to induce the witness to testify, or promised benefits are things essential to effective cross-examination.”
Which promises — if any — are not known at this time, but everything prosecutors said must be disclosed in writing in response to his defense team’s Sept. 6 court filing, Gershman said.
“The defense needs to know what favorable evidence the prosecution has,” he said.
“Prosecutors cannot hide it and it should be disclosed as soon as possible. If prosecutors hide it until the eleventh hour, it’s wrong.”
ADAM’S ALLEGED ABUSE
The young girl was placed in the care of her father in 2019 when she was about five years old.
Adam, 31, is being held on second-degree assault charges over an alleged assault on Harmony in 2019.
The 31-year-old is also facing charges of violating custody and two administrative offenses for endangering the welfare of a child.
He has pleaded not guilty to all charges.
Adam’s brother Michael told police the 31-year-old physically abused Harmony and gave her a black eye.
A detective then spoke to Harmony’s uncle, Kevin Montgomery, and asked him about Harmony’s eye injury.
According to court documents, he said Adam told him in July 2019 that he [Adam] “beat her up [Harmony] around the house.”
Adam was reportedly mad at Harmony for making her watch her little brother, but he started crying.
The uncle also said Adam beat up his daughter, forced her to stand in the corner for hours and ordered her to scrub a toilet with her toothbrush.
Harmony was last seen alive in October 2019; but no one reported her missing as of December 2021 after a series of alleged errors.
According to records from the Massachusetts Department of Children and Families, Harmony was torn between her mother’s care and DCF for most of her young life.
Police narrowed the time of her disappearance to November 28 to December 10, 2019, but the months-long search has been frustrating.
At the time, police said they believed she had been murdered.
Manchester Police Department have set up this tips hotline which can be phoned or texted and is staffed 24 hours a day: 603-203-6060.
https://www.the-sun.com/news/6179339/harmony-montgomery-update-stepmom-kayla-dad-ada-arrest/ Harmony Montgomery Update – Mystery as arrest warrant for girl’s stepmother and expert reveals implications of new witness information