Adam Montgomery, the New Hampshire man facing trial for the murder of his 5-year-old daughter Harmony, is aiming to have his estranged wife Kayla Montgomery's testimony removed from consideration by the jury. The defense's recent request to block her testimony came during the Presidents Day weekend, a time when court proceedings were on pause. According to the Union Leader, this move stems from allegations of misconduct, suggesting that prosecutors improperly influenced interactions between Kayla and her legal team.
During the trial which has thus far extended over eight days, Kayla provided chilling details about the events surrounding her daughter's death. She recounted how Adam Montgomery, in a fit of rage on December 7, 2019, assaulted Harmony prior to the discovery of her lifeless body. As reported by Boston 25 News, Kayla alleged that Adam packed the child's body into a duffel bag, later moving it and eventually dismembering it to fit into a smaller container, in what she described as an "evil" act.
The defense's filing claims that Kayla has violated the integrity of the trial process. Following the disclosure that her lawyer was made aware of the defense's opening statement and allegations, Adam Montgomery's lawyers are now requesting that her entire testimony be excluded, arguing that it could prejudice jury deliberations. "Because such a remedy would only allow the State to benefit from its own misconduct," Adam's lawyers refrained from pushing for a mistrial at this juncture, as per the Union Leader.
In a scenario where the judge refuses to fully exclude the testimony, Adam's defense team insists that the prosecution be prevented from claiming there's no evidence to establish that Kayla was ever alone with Harmony, which they believe they have established. As the trial continues, and a response from the Attorney General's Office was expected earlier this week, Kayla's role as the star witness remains contentious. She had agreed to a plea deal for perjury charges, ensuring her cooperation with the state in testifying truthfully against her estranged husband, as Boston 25 News reported.
The complexity of the case and sequestration issues rose to the forefront when it was realized Kayla had been briefed about the defense's charges against her. Despite the defense's efforts to challenge this move, Judge Amy Messer ruled that it did not constitute a sequestration violation. This decision, however, has not dissuaded the defense from pursuing to have the jury informed of the state's alleged attempt to influence Kayla's testimony, as they ready themselves for further legal maneuvering in the ninth day of the trial.
