On Tuesday, a Durham judge pushed the criminal cyberstalking trial of TikTok influencer Brenay Kennard out to May 7, 2026. The case centers on allegations from Akira Montague that Kennard harassed her online and at places Montague frequents. The latest postponement means the criminal case will not be resolved until early May and extends a legal fight that has already drawn heavy public interest.
Judge Grants Delay After Pregnancy Request From Accuser
Durham County Superior Court Judge Dorothy Hairston Mitchell approved the continuance after Montague requested extra time because she expects to give birth in April, according to The News & Observer. Mitchell told lawyers in court that May 7, 2026, would be "absolutely last" for the trial date. Her order removed the criminal case from its earlier calendar and set a firm spring date for proceedings.
Civil $1.75M Verdict Still Looms Over Kennard
In November, a Durham jury awarded Montague $1.75 million in an alienation-of-affection and criminal-conversation lawsuit against Kennard, a judgment that attracted national attention, according to PEOPLE. Kennard represented herself in that civil trial and has publicly criticized the verdict. The civil judgment now sits alongside the pending criminal case in Durham courts.
Appeal in Motion as Criminal Case Waits Its Turn
Court records show Kennard filed a notice of appeal on Jan. 14, 2026, asking the North Carolina Court of Appeals to review the $1.75 million judgment, according to The News & Observer. The separate cyberstalking charge traces back to a September 2025 complaint that accused Kennard of repeated social media posts and unwanted in-person appearances, per the report. Kennard was arrested on the misdemeanor cyberstalking charge in September and was later released after posting bond, court documents show.
Legal Oddities Keep Spotlight on Durham Courtroom
North Carolina is one of the few states that still recognizes alienation of affection and criminal conversation, claims that helped drive the civil award and the national attention on the case, PEOPLE reported. The criminal cyberstalking charge is a separate matter that focuses on alleged harassment through electronic communications, and if prosecuted it would proceed under misdemeanor statutes in Durham County. Observers say the collision of social media drama and courtroom procedure is likely to keep the dispute in the spotlight as the appeal and criminal schedule move forward.
For now, both sides are juggling legal calendars and personal milestones, with Montague preparing for an April birth while Kennard pursues her appeal and readies for the criminal case. All eyes will be on new filings at the Durham clerk's office and on the May 7 date to see whether the case finally heads to trial then.
