Lawyer: Plea deal in works for Kayla Montgomery
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Oct. 26—A plea bargain that could resolve the criminal charges against Kayla Montgomery is under discussion and could be announced by Nov. 4, her defense lawyer said Wednesday.
The announcement came a day after disclosures that Montgomery, 32, the stepmother of presumed murder victim Harmony Montgomery, identified her estranged husband, Adam, as the girl's killer.
Discussions of the plea bargain emerged Wednesday afternoon when homicide prosecutor Jesse O'Neill and defense attorney Paul Garrity appeared before a judge with an update in the case.
"I can't discuss the details of it, but both sides are looking to resolve the case if we can," Garrity told reporters outside the courtroom.
Garrity also said he would be on hand if his client is called to testify in Adam Montgomery's upcoming trial on weapons charges. When asked if Kayla Montgomery will be a key witness at the trial, Garrity said that's a question for prosecutors.
O'Neill, a senior assistant New Hampshire attorney general, would not talk to reporters after the brief hearing.
Kayla Montgomery has been in and out of jail since January, when she was arrested in the early stages of the search for Harmony Montgomery, who was last seen in late 2019 at the age of 5.
Two months ago, authorities announced that they believed that Harmony had been murdered, and on Monday they charged Adam Montgomery with murdering his daughter and hiding or destroying her corpse.
On Tuesday, the New Hampshire Union Leader first reported that Kayla Montgomery implicated her husband in Harmony's death in early June. Authorities allege he punched Harmony several times in the head with a closed fist.
In the early stages of the search for Harmony, police charged Kayla Montgomery with welfare fraud for allegedly collecting benefits for Harmony when she was no longer living with the family. They later added two charges of receiving stolen property, specifically guns that Adam Montgomery allegedly stole in 2019.
She disclosed what she knew about Harmony's death in early June, the day police charged her with perjury for allegedly lying to a grand jury.
She has been in Valley Street jail since mid-September. A judge had freed her in June, but she agreed to return to jail after becoming involved with drugs during her 2-month stint of freedom.
Garrity said she appears to be well.
"All I can tell you is when I speak to her she's engaged, she knows what's going on, and she's of good mind, and she's contemplating which way to go with the case," he said.
He stressed that no plea agreement has been reached.
