Estranged Wife Testifies Against Adam Montgomery in Daughter’s Murder Case – Full Testimony Part One

[00:00:00] Speaker 1: Do you swear that the testimony that you're going to provide this jury will be the truth and nothing but the truth, so help you God? I do. Kayla, can you begin by stating and spelling your full name for the record? [00:00:24] Kayla Montgomery: My name is Kayla Montgomery, K-A-Y-L-A. K-A-Y-L-A-M-O-N-T-G-O-M-E-R-Y. [00:00:34] Speaker 1: And how old are you, Kayla? [00:00:36] Kayla Montgomery: 33. [00:00:39] Speaker 1: Where do you currently live? [00:00:41] Kayla Montgomery: I am in the correctional facility for women's in Concord, New Hampshire. [00:00:46] Speaker 1: How long have you been there? [00:00:48] Kayla Montgomery: For over a year. [00:00:52] Speaker 1: Kayla, why are you currently incarcerated? [00:00:56] Kayla Montgomery: For perjury, for lying to the jury about the whereabouts of where I was and where Harmony was. [00:01:11] Speaker 1: And when you say lying to the jury, was that the grand jury? Yes. Did you also lie to the police? [00:01:19] Kayla Montgomery: Yes. [00:01:20] Speaker 1: Why did you do that? [00:01:23] Kayla Montgomery: Because I was scared. Because I was scared. And I was told by Adam to stick with that story that I got dropped off at work at Dunkin' Donuts, where I no longer worked at that time. And to say that he was bringing Harmony to meet her mother, Crystal, and that he dropped her off with her. And when he came and picked me up from work, which I was not working there at the time, he didn't have her in the car, which that was a lie. [00:02:04] Speaker 1: That story that you just told, that was what you told the grand jury? [00:02:09] Kayla Montgomery: Yes. [00:02:10] Speaker 1: That's what you told the police? [00:02:11] Kayla Montgomery: Yes. [00:02:12] Speaker 1: And was that in fact what happened? [00:02:16] Kayla Montgomery: No. [00:02:21] Speaker 1: You said you've been sentenced for lying. Yes. You're living at the prison. Do you understand the consequences of providing false testimony? [00:02:30] Kayla Montgomery: Yes. [00:02:34] Speaker 1: And since those lies, since your time in prison, have you sat down with investigators? Have you sat down with the attorney general's office and provided additional statements? [00:02:45] Kayla Montgomery: Yes. [00:02:46] Speaker 1: How many times? [00:02:48] Kayla Montgomery: About four times. [00:02:51] Speaker 1: How many hours? [00:02:55] Kayla Montgomery: A couple hours at a time when they've came to see me or I've gone out to the office to meet with them. [00:03:07] Speaker 1: Did you reach a plea agreement with the state? Yes. And that was on the perjury charges? Yes. Other charges were dismissed, is that right? [00:03:15] Kayla Montgomery: Yes. [00:03:24] Speaker 1: The story that you just told about the defendant dropping Harmony off with Crystal, who came up with that story? [00:03:33] Kayla Montgomery: Adam. [00:03:34] Speaker ?: Adam. [00:03:34] Kayla Montgomery: Adam. [00:03:35] Speaker ?: Why did you stick to it? [00:03:36] Kayla Montgomery: Because I was scared for myself and my children that are also Adam's and for him because I didn't want anybody to get in trouble and I was scared. [00:03:54] Speaker 1: Your Honor, may I approach? [00:03:59] Speaker 3: Yes. [00:04:02] Speaker 1: Taylor, you referred to Harmony Montgomery. How do you know her? [00:04:08] Taylor: She's Adam's daughter. [00:04:11] Kayla Montgomery: And we started a year after we got together. He was working on getting custody of her. [00:04:24] Taylor: And he had to work to get custody of her. He wasn't just given her. And it took four years to get custody of her. And during those four years, we both visited her each week for a couple hours. [00:04:47] Speaker 5: Was she your stepdaughter? [00:04:49] Taylor: Yes. [00:04:52] Speaker 1: Showing this witness what's been previously marked as State's Exhibit 98 for identification, do you recognize this? [00:05:01] Taylor: Yes. [00:05:04] Speaker 1: Who's depicted in this image? [00:05:07] Taylor: Harmony and myself. [00:05:11] Speaker 1: And can you point to Harmony? And is there a date associated with this image? [00:05:17] Taylor: Yes. July 7, 2019. [00:05:21] Speaker 5: And do you recognize this image? [00:05:23] Speaker 1: Yes. Is it a fair and accurate representation of Harmony on that day? [00:05:29] Taylor: Yes. [00:05:30] Speaker 1: Who's the other person depicted in that picture with Harmony? [00:05:33] Taylor: Myself. [00:05:34] Speaker 1: Is that a fair and accurate representation of you that day? [00:05:37] Taylor: Yeah. [00:05:38] Speaker 1: Do you know who took this photo? [00:05:40] Taylor: I did. [00:05:42] Speaker 1: Your Honor, at this point, I'd move to strike the ID and mark this full, State's Exhibit 98. [00:05:47] Speaker 3: Any objection? No objection. [00:05:49] Speaker 1: And publish. [00:05:50] Speaker 3: The ID is stricken. It's entered as a full exhibit, and it may be published to the jury. [00:06:04] Speaker 1: Hala, what were you and Harmony doing in this photograph? [00:06:08] Kayla Montgomery: We were taking pictures and laughing, playing. We always did silly pictures. [00:06:24] Speaker 1: You mentioned getting custody of Harmony at some point. Do you remember when that was? [00:06:31] Taylor: It was the month of February of 2019. [00:06:36] Speaker 1: And where were you living when you got custody of Harmony? [00:06:40] Kayla Montgomery: 77 Guilford Street in Manchester, New Hampshire. [00:06:48] Speaker 1: When you got custody of Harmony, was she potty trained? Yes. Was she potty trained after you got her or before you got her? Before. Did she have accidents when you first got her? No. So you mentioned 77 Guilford Street. When did you move into that home? [00:07:20] Kayla Montgomery: It was in 2018, probably around April or May, I think. It was around that time. [00:07:36] Speaker 1: Whose home was it? [00:07:37] Kayla Montgomery: Adam's grandmother's, Helen Montgomery. [00:07:42] Speaker 1: Did she live there with you at any point? [00:07:45] Kayla Montgomery: Yes. When we were staying there in the beginning, she lived there. [00:07:49] Speaker 1: And in the beginning, who else lived there with you? [00:07:53] Kayla Montgomery: Adam's uncle, Kevin Montgomery. Adam's brother, Michael Montgomery. And Adam's brother's girlfriend, Kayla. I don't remember her last name. [00:08:07] Speaker 1: Another Kayla, though. [00:08:08] Kayla Montgomery: Yeah. And myself and Adam. And we had Seamus. [00:08:16] Speaker 1: How old was Seamus when you moved into that house? [00:08:20] Kayla Montgomery: About to turn one. [00:08:24] Speaker 1: Would you recognize that Guilford Street house if you saw it today? [00:08:29] Speaker 3: Yes. Your army. Yes. Yes. [00:08:32] Speaker 1: And I'm handing you what's been previously marked as State's Exhibits 1 and 2. Can you look at those for me, please? [00:09:01] Kayla Montgomery: That's the house. And this was Harmony's room. [00:09:06] Speaker 1: And do you recognize the items that are depicted in those exhibits? [00:09:13] Kayla Montgomery: Yes. [00:09:14] Speaker 1: Are they fair and accurate representations of what's contained in those exhibits? [00:09:20] Speaker 3: Yes. [00:09:21] Speaker 1: Your Honor, I move to strike by D.A. mug is full. State's Exhibit 1 and 2. [00:09:24] Speaker 3: They're already full. [00:09:26] Speaker 1: I think they're already full. I move to publish, Your Honor. [00:09:29] Speaker 3: Yes, you may. [00:09:31] Speaker 1: And Kayla, State's Exhibit 2, what can you tell us about this room? [00:09:48] Kayla Montgomery: Adam and I helped decorate this room right before Harmony came to live at Guilford Street. And she really likes Minnie Mouse. [00:10:02] Speaker 1: When you say she really likes Minnie Mouse, who is she? [00:10:05] Kayla Montgomery: Harmony. [00:10:08] Speaker 1: When you say you helped decorate the room, what did you do to decorate it? [00:10:14] Kayla Montgomery: Got the Minnie Mouse wall decor that stick to the wall. And got her a whole new bed set, blankets and sheets. [00:10:35] Speaker 1: There's no bed in that, Toto, but was Harmony's bed in that room? Yes. Where would it have been located in relation to that image? [00:10:46] Kayla Montgomery: Right next to the window. [00:10:57] Speaker 1: And Kayla, whose room was that right when you were moving in? [00:11:01] Kayla Montgomery: It was Helen Montgomery's room. [00:11:06] Speaker 1: Kayla, I'm showing you it's been marked as State's Exhibit 10 for identification. Do you recognize this? [00:11:21] Kayla Montgomery: Yeah, it was Harmony's toothbrush. [00:11:23] Speaker 1: Is it a fair and accurate representation of Harmony's toothbrush? [00:11:26] Kayla Montgomery: Yes. [00:11:27] Speaker 1: Your Honor, I move to strike the ID and mark as full State's Exhibit 10. [00:11:33] Speaker 3: Any objection? The ID is stricken. It's entered as a full exhibit. It may be published. [00:11:51] Speaker 1: Kayla, you mentioned that Helen moved out and Harmony took over the room. [00:11:57] Kayla Montgomery: Yes. She moved out of the room, but she was still living at the house. [00:12:02] Speaker 1: Did she eventually leave the house? [00:12:05] Kayla Montgomery: Yes. [00:12:05] Speaker 1: When was that? [00:12:07] Kayla Montgomery: In May of 2019. [00:12:12] Speaker 1: Do you know where she went? [00:12:14] Kayla Montgomery: Florida. [00:12:21] Speaker 1: Kayla, I want to turn your attention to July of 2019, so several months after Helen moved went out, were you still living in the Gilford Street home in July of 2019? [00:12:32] Kayla Montgomery: Yes. [00:12:33] Speaker 1: And who was living there with you at that point? [00:12:34] Kayla Montgomery: It was myself and Adam and his Uncle Kevin. And it was Seamus and our son Declan and Harmony and his brother Michael and his girlfriend Kayla were still living there for a couple weeks until they moved out and went to Florida with her. [00:13:06] Speaker 1: You mentioned this earlier, but you mentioned this earlier, but where were you working at that point in your life? [00:13:11] Kayla Montgomery: I was working at Dunkin' Donuts. [00:13:15] Speaker 1: Were you eventually terminated from your work at Dunkin' Donuts? [00:13:18] Kayla Montgomery: Yes. [00:13:19] Speaker 1: Why? [00:13:20] Kayla Montgomery: Because I was stealing money from the register. [00:13:27] Speaker 1: Did you admit to stealing money? [00:13:29] Taylor: Yes. [00:13:31] Speaker 1: Did you actually write a letter acknowledging that you had stolen? [00:13:34] Taylor: Yes. [00:13:40] Speaker 1: Did you take responsibility for what you'd done at Dunkin'? [00:13:43] Taylor: Yes. [00:13:49] Speaker 1: You mentioned that in July of 2019, Kevin Montgomery was still living in the Gilford Street home. [00:13:55] Speaker 3: Yes. [00:13:56] Speaker 1: Did he eventually leave for Florida after Helen? [00:14:00] Kayla Montgomery: I don't remember where he went. I remember Helen had surgery. She had open triple bypass surgery. And I don't remember if Kevin went to Florida. And I think he went to Mass, too. I don't remember where he went. [00:14:20] Speaker 1: Let me ask you this. Do you remember him being gone from the house for several weeks? [00:14:23] Kayla Montgomery: Yes. [00:14:27] Speaker 1: And let's talk about that period where Kevin's gone from the house. [00:14:30] Speaker ?: Okay. [00:14:31] Speaker 1: You were still working at that point? [00:14:33] Kayla Montgomery: Yes. [00:14:34] Speaker 1: What were your hours like at work? [00:14:37] Kayla Montgomery: I worked 6 a.m. to 2 p.m. And I also covered shifts if they needed help. [00:14:48] Speaker 1: The three children that you mentioned? [00:14:50] Kayla Montgomery: Yes. [00:14:52] Speaker 1: Where were they when you were at work? [00:14:54] Kayla Montgomery: With Adam. [00:14:59] Speaker 1: And so in July of 2019, your youngest, Declan, how old would he have been? [00:15:05] Kayla Montgomery: He was about six months old. [00:15:10] Speaker 1: And you said you were working from 6 a.m. to 2 p.m.? [00:15:12] Kayla Montgomery: Yes. [00:15:14] Speaker 1: Did you like that setup? [00:15:16] Kayla Montgomery: Yes. [00:15:28] Speaker 1: When you get home from work at 2 p.m. What would you do? What would your day look like? [00:15:33] Kayla Montgomery: I would come back home and help take care of the kids and feed them regularly, get them ready for bed later. We'd watch movies or they'd be playing. [00:15:53] Speaker 1: You mentioned Kevin Montgomery leaving for some period. Yes. Did he return to the home at some point? [00:16:05] Kayla Montgomery: Yes. [00:16:05] Speaker 1: He showed up with Helen. So before that, though, in July of 2019, did he return to the home at some point? I don't remember. Do you remember overhearing a conversation between Kevin and the defendant, Adam? [00:16:23] Kayla Montgomery: Yes. [00:16:24] Speaker 1: What was the tone of that conversation? [00:16:27] Kayla Montgomery: They were arguing about a situation that happened with Harmony. [00:16:35] Speaker 1: What was Kevin's tone in that argument? How did he sound? [00:16:40] Kayla Montgomery: He sounded angry. [00:16:45] Speaker 1: What did Kevin say in that conversation? Did we approach? [00:16:51] Speaker 3: Yes. [00:16:56] Speaker 1: Kayla, you mentioned Kevin sounded angry. [00:17:08] Kayla Montgomery: Yes. [00:17:09] Speaker 1: Was this a quiet conversation? [00:17:12] Kayla Montgomery: No. [00:17:13] Speaker 1: How would you describe it? [00:17:15] Kayla Montgomery: Yelling at each other back and forth. Argumentive. Yeah, it was just loud and angry. [00:17:26] Speaker 1: Where were you during this conversation? [00:17:28] Kayla Montgomery: In the living room of the house in Gilbert Street. [00:17:34] Speaker 1: And where were the children? [00:17:38] Kayla Montgomery: Playing. [00:17:44] Speaker 1: Did you understand what they were talking about? [00:17:47] Kayla Montgomery: Yes. I know that they were arguing about a black eye that Harmony had. That I was told that. [00:18:04] Speaker 1: So, the black eye that Harmony had. Had you seen that before that argument? Yes. And tell this jury where you saw that black eye. On the side. [00:18:15] Kayla Montgomery: It was on the side of her face right here. It was really red. It didn't really turn black and blue until like the next day. [00:18:27] Speaker 1: So, the first day you saw it, when it was red, really red. How did you see that? Where were you? [00:18:35] Kayla Montgomery: I, um, I came home from work and, um, I saw her face and it was red. And, uh, I was told that. [00:18:51] Speaker 1: And let me stop you there. You came home from work. Yeah. So, this would have been around 2 p.m.? [00:18:58] Kayla Montgomery: Yeah. [00:19:00] Speaker 1: Did you have an understanding of where Harmony had been that day? Yes. And tell us where that was. [00:19:06] Kayla Montgomery: She was at home at Guilford Street. [00:19:09] Speaker 1: Who was she at home with? [00:19:11] Kayla Montgomery: With Adam and Uncle Kevin and Seamus and Declan. [00:19:18] Speaker 1: And when you got home, when you saw this injury, the redness to Harmony's eye, did you ask the defendant what happened to her? Yes. What did he tell you? [00:19:34] Kayla Montgomery: That her and Seamus were playing and Seamus hit her in the face with the lightsaber by accident. [00:19:45] Speaker 1: After you heard that confrontation between the defendant and Kevin, did you confront the defendant? I, yes, I asked him. And at that point, did he tell you a new story about this injury to Harmony's eye? [00:20:02] Kayla Montgomery: No, it was the same. Well, yeah, he ended up telling me after. [00:20:06] Speaker 1: What was the new story he told you? [00:20:09] Kayla Montgomery: That he ended up, um, hitting her in the face. Because she was, she covered our son's mouth because he was crying and he was in the bathroom. He went to the bathroom. Declan was crying. And Harmony had her hand over his mouth. And he came out of the bathroom and saw that. And his lips were blue, purple blue. And he hit her. [00:20:43] Speaker 1: Did he describe how he hit her? [00:20:46] Kayla Montgomery: He smacked her in the face. [00:20:49] Speaker 1: Did he acknowledge causing that injury to her? [00:20:52] Kayla Montgomery: Yes. [00:20:57] Speaker 1: Do you know what Demetrius Soros with DCYF? [00:21:01] Kayla Montgomery: Yes. [00:21:03] Speaker 1: Did he come to the house after that interaction between Kevin and the defendant? [00:21:08] Kayla Montgomery: Yes. [00:21:10] Speaker 1: Did you know at the time what the purpose of his visit was? [00:21:13] Kayla Montgomery: Yes. [00:21:16] Speaker 1: What was it? [00:21:17] Kayla Montgomery: Um, DCYF got called about, um, the children not being taken care of. And that, um, Adam was abusing his daughter. [00:21:34] Speaker 1: When Mr. Soros arrived at your home, what did the defendant do with Harmony? [00:21:41] Kayla Montgomery: He left with her. Um, she, he grabbed Harmony and left with her. [00:21:47] Speaker 1: He grabbed her and left? [00:21:49] Kayla Montgomery: Yeah. [00:21:52] Speaker 1: Did you have a conversation with Demetrius that day? [00:21:55] Kayla Montgomery: Yes. [00:21:56] Speaker 1: In that conversation, did you cover for the defendant? Yes. Why? [00:22:01] Kayla Montgomery: Because I didn't want him to get in trouble. [00:22:10] Speaker 1: Was there a period in 2019 when you no longer lived at the house on Guilford Street? [00:22:16] Kayla Montgomery: Yes. [00:22:17] Speaker 1: And tell us how that came to be. [00:22:20] Kayla Montgomery: Um, we ended up getting evicted from the house in November of 2019, the day before Thanksgiving. Because the mortgage wasn't being paid. [00:22:38] Speaker 1: And, Your Honor, may we approach? [00:22:41] Speaker 3: Yes. [00:22:48] Speaker 1: Thank you. Um, Your Honor, I'd ask that the court take judicial notice that the day before Thanksgiving [00:22:53] Speaker 5: in 2019 is November 27th. [00:22:56] Speaker 3: The court, the court takes judicial notice that the day before Thanksgiving in 2019 was November 27th, 2019. [00:23:08] Speaker 1: Kayla, why were you evicted from the home? [00:23:11] Kayla Montgomery: Because the mortgage wasn't getting paid. [00:23:16] Speaker 1: And after you were evicted, where did you begin living? [00:23:19] Kayla Montgomery: In our car. [00:23:22] Speaker 1: What kind of vehicle was it? [00:23:24] Kayla Montgomery: A Chrysler Sebring. [00:23:29] Speaker 1: When you began living in that car, who were you with? [00:23:32] Kayla Montgomery: It was myself and Adam, Harmony, and the two boys. [00:23:39] Speaker 1: Where were you sleeping during that period? [00:23:41] Kayla Montgomery: In the car. [00:23:43] Speaker 1: Where would you keep the car? [00:23:45] Kayla Montgomery: Behind Colonial Village in Manchester. [00:23:51] Speaker 1: Why Colonial Village? [00:23:53] Kayla Montgomery: Because that's where our friend lived. [00:23:58] Speaker 1: What was your friend's name? [00:24:00] Kayla Montgomery: Anthony Bodero. [00:24:03] Speaker 1: Did you tell Mr. Bodero that you were living there in that parking lot? [00:24:09] Kayla Montgomery: He asked us not to, but yes. [00:24:18] Speaker 1: And so, can you just describe the sleeping arrangement in that vehicle for you and your family at the time? [00:24:24] Kayla Montgomery: So, Adam would sleep in the driver's seat. I slept in the passenger seat. And Harmony was behind the passenger seat. Um, the baby, Declan, was in the middle, and Seamus was behind the driver's seat. [00:24:47] Speaker 1: Kayla, I asked you earlier about whether Harmony was potty trained when you got custody of her. And I believe you said she was. [00:24:55] Kayla Montgomery: Yes. [00:24:55] Speaker 1: Did that change at some point after the eviction? [00:24:59] Kayla Montgomery: Yes. [00:25:00] Speaker 1: And tell the jury about that. What happened to Harmony? [00:25:03] Kayla Montgomery: Um, she wouldn't let us know when she had to use the bathroom. And so, she was peeing in the car, just in her seat that she was sitting in. And she wouldn't tell us that she had to use the bathroom. [00:25:19] Speaker 1: Was she only peeing, or was she having other accidents at the time? She was also pooping. How frequently was this occurring for Harmony? [00:25:30] Kayla Montgomery: A lot. Like, at least every day. [00:25:35] Speaker 1: And did those accidents, did they increase in frequency the longer you were in that car? [00:25:40] Kayla Montgomery: Yes. [00:25:41] Speaker 1: How was the defendant responding when she had these accidents? [00:25:45] Kayla Montgomery: Getting angry. [00:25:48] Speaker 1: Would he do anything physically to her when she had accidents? [00:25:51] Kayla Montgomery: Yeah, he would smack her. [00:25:54] Speaker 1: And what does that mean, that he would smack her? [00:25:57] Kayla Montgomery: He would smack her in the face, or on her leg, or in her hand. [00:26:08] Speaker 1: Were these soft smacks, hard smacks, or something else? [00:26:12] Kayla Montgomery: They were, like, hurt, stung smacks. [00:26:18] Speaker 1: What makes you say hurt, stung, smacks? [00:26:21] Kayla Montgomery: Because she was, she would cry during, like, whenever she got smacked by him. And I could hear it, and it sounds like it hurt. [00:26:34] Speaker 1: I'm sorry, you could hear the crying, or you could hear the smack? [00:26:37] Kayla Montgomery: Smack. And the crying. [00:26:41] Speaker 1: When you say she was crying, who's she? [00:26:44] Kayla Montgomery: Harmony. [00:26:49] Speaker 1: Those strikes, were they manifesting in any way on Harmony? Yes. How were they manifesting on her? [00:26:56] Kayla Montgomery: The more accidents she had, the more he would get angry, and he would hit her repetitively. [00:27:10] Speaker 1: Was the defendant causing visible injuries to Harmony? Yes. I'm sorry? [00:27:16] Kayla Montgomery: Yes. [00:27:17] Speaker 1: And tell us about those injuries. [00:27:20] Kayla Montgomery: When he would hit her, she started getting black eyes and bruises on her face, on her legs. [00:27:33] Speaker 1: Yeah. Did you ever see her bleed as a result of being struck by him? No. I didn't see that. Did you ever see the defendant attempt to cover Harmony? Yes. And can you tell the jurors how he did that? [00:27:51] Kayla Montgomery: He would cover her with the comforter that we had in the car. [00:27:56] Speaker 1: Why would he cover her? [00:27:58] Kayla Montgomery: So nobody could see her. [00:28:05] Speaker 1: How often would he cover Harmony? [00:28:07] Kayla Montgomery: All the time. Any time that we had interference with anybody, no matter who it was. [00:28:18] Speaker 1: Was this only when you went out in public, or was it when you were still in that parking lot, or both? Both. Kayla, were you involved in an accident, a car accident, on November 29th of 2019? [00:28:37] Kayla Montgomery: Yes. [00:28:38] Speaker 1: And I want to turn your attention to that day. Who were you with that day? [00:28:42] Kayla Montgomery: Tabitha. Scott. Scott. [00:28:46] Speaker 1: Who else was in the vehicle during that accident? [00:28:50] Kayla Montgomery: Adam, myself, Harmony, and the two boys. [00:28:58] Speaker 1: Who was driving? [00:29:00] Kayla Montgomery: Adam. [00:29:02] Speaker 1: That Sebring, did you regularly drive it? Did you drive it at all? [00:29:06] Kayla Montgomery: Yeah. I didn't drive it, but he did. He had the license. I did not. [00:29:11] Speaker 1: You didn't have a license at the time? [00:29:13] Kayla Montgomery: No. [00:29:19] Speaker 1: So you said that Adam was driving, the defendant was driving the vehicle. Where were you in position to the rest of the people in the vehicle? [00:29:26] Kayla Montgomery: I was sitting with Harmony in the back seat behind the passenger side. [00:29:33] Speaker 1: And where was Harmony? [00:29:35] Kayla Montgomery: Next to me in Declan. She was in between. [00:29:41] Speaker 1: And where was Seamus? [00:29:43] Kayla Montgomery: In his car seat on the other side of Declan. [00:29:46] Speaker 1: Would that have been behind the driver's seat? Yes. You mentioned to Tabitha Scott. [00:29:51] Kayla Montgomery: Yes. [00:29:51] Speaker 1: What was she to you? [00:29:53] Kayla Montgomery: She's been one of my friends for a long time. [00:29:58] Speaker 1: And she was in the car with you that day? [00:30:00] Kayla Montgomery: Yes. [00:30:00] Speaker 1: Where was she seated? [00:30:02] Kayla Montgomery: In the passenger seat. [00:30:09] Speaker 1: And what was Tabitha Scott doing with you that day? [00:30:12] Kayla Montgomery: We were going to get drugs. [00:30:19] Speaker 1: And can you just walk us through the accident? How it occurred? [00:30:24] Kayla Montgomery: There was a stop sign. And it was an intersection. There was a stop sign. It was a four-way intersection. And there was a truck that went through their stop sign. And we already had stopped. So we were going. And ended up hitting that car, the truck. [00:30:47] Speaker 1: Did law enforcement respond to that accident? [00:30:49] Kayla Montgomery: Yes. [00:30:49] Speaker 1: Did you see an officer? [00:30:51] Kayla Montgomery: Yes. [00:30:53] Speaker 1: Were the officers able to see Harmony? [00:30:55] Kayla Montgomery: No. [00:30:57] Speaker 1: Tell the jurors why not. [00:31:00] Kayla Montgomery: Adam didn't want the officers to see her. Because she had black eyes. So she was covered with a blanket. [00:31:15] Speaker 1: Were there other people, specific individuals, that he would cover Harmony up and keep her hidden from? [00:31:22] Kayla Montgomery: Yes. [00:31:23] Speaker 1: And tell us who those individuals were. [00:31:25] Kayla Montgomery: It was Anthony Madero. And when Tabby was in the car, she didn't see. She didn't look at her. She didn't see her. But she knew she was in the car. [00:31:42] Speaker 1: Kayla, I want to say, this accident occurred on November 29th. [00:31:46] Kayla Montgomery: Yes. [00:31:47] Speaker 1: I want to turn your attention to December 7th of 2019. [00:31:51] Taylor: Yeah. [00:31:52] Speaker 1: Does that day stand out to you? [00:31:54] Taylor: Yes. [00:31:55] Speaker 1: Why? [00:31:57] Taylor: Since the day that Harmony passed away. [00:32:01] Speaker 1: The day that Harmony passed away? [00:32:02] Taylor: Yeah. [00:32:05] Speaker 1: Were you still living in the car at that point? [00:32:08] Kayla Montgomery: Yes. [00:32:10] Speaker 1: Were you still sleeping in the Colonial Village parking lot? [00:32:13] Kayla Montgomery: Yes. [00:32:16] Speaker 1: You mentioned Harmony having accidents and then becoming more frequent at that point. On December 7th, was she still having those accidents? [00:32:25] Kayla Montgomery: Yes. [00:32:25] Speaker 1: And had they increased in frequency? [00:32:28] Kayla Montgomery: Yes. [00:32:31] Speaker 1: Did Harmony have an accident first thing in the morning? [00:32:34] Kayla Montgomery: Yes. [00:32:36] Speaker 1: And that would have been before you started your day? [00:32:39] Kayla Montgomery: Yes. [00:32:41] Speaker 1: What happened when she had that accident? [00:32:44] Kayla Montgomery: Adam repetitively kept punching her in the head. [00:32:49] Speaker 1: Okay. So, I want to break that up. That morning, where did you wake up? [00:32:57] Kayla Montgomery: At Colonial Village. [00:32:59] Speaker 1: And what happened first thing in the morning? [00:33:01] Kayla Montgomery: We went to the methadone clinic. [00:33:10] Speaker 1: And before you left for the methadone clinic, did Harmony have an accident? [00:33:15] Kayla Montgomery: Yes. [00:33:16] Speaker 1: And what did the defendant do before you went to the methadone clinic? What did the defendant do to Harmony after that accident? [00:33:24] Kayla Montgomery: He was yelling and screaming at her and punching her in the head. [00:33:31] Speaker 1: How did she react to that? [00:33:36] Taylor: She was crying. [00:33:40] Speaker 1: You mentioned the methadone clinic. Was that Habit Opco? [00:33:45] Kayla Montgomery: Yes. [00:33:47] Speaker 1: And what did you do at the methadone clinic that morning? [00:33:51] Kayla Montgomery: Got my dose of methadone and Adam got his also. [00:33:57] Speaker 1: And do you remember who went in first? No, I don't remember who went first. Your Honor, may I approach? [00:34:04] Speaker 3: Yes. No, I don't remember who went first. [00:34:05] Speaker ?: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:35:31] Speaker 1: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:35:45] Speaker ?: No, I don't remember who went to the methadone clinic. [00:35:47] Speaker 1: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:35:53] Speaker ?: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:19] Kayla Montgomery: No, I don't remember who went to the methadone clinic. [00:36:21] Speaker 1: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:25] Kayla Montgomery: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:33] Speaker 1: No, I don't remember who went to the methadone clinic. [00:36:34] Kayla Montgomery: No, I don't remember who went to the methadone clinic. [00:36:36] Speaker 1: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:41] Kayla Montgomery: No, I don't remember who went to the methadone clinic. [00:36:42] Speaker ?: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:44] Speaker 1: No, I don't remember who went to the methadone clinic. [00:36:45] Kayla Montgomery: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:50] Speaker ?: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:52] Speaker 1: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:57] Kayla Montgomery: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:36:59] Speaker ?: No, I don't remember who went to the methadone clinic. [00:37:00] Speaker 1: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:37:07] Speaker 3: No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. No, I don't remember who went to the methadone clinic. [00:37:12] Speaker 5: No, I don't remember who went to the methadone clinic. [00:37:15] Speaker 1: Okay, can you tell the jurors what happened when Adam returned to the vehicle after his methadone treatment? [00:37:29] Kayla Montgomery: When Adam came back to the vehicle, he could smell urine and he started yelling at Harmony and kept hitting her in the head repetitively. [00:37:44] Speaker 1: Where were you when he smelled that accident? Where was the vehicle when he smelled that accident? [00:37:51] Kayla Montgomery: In front of the methadone clinic. [00:37:57] Speaker 1: Did you discuss going somewhere with him at any point that morning? Going to get food? [00:38:02] Kayla Montgomery: Yes, I asked to go to Burger King. [00:38:05] Speaker 1: You asked to go to Burger King? [00:38:07] Kayla Montgomery: Yes. [00:38:09] Speaker 1: And so at some point, did he begin driving the vehicle? Yes. Was that before or after he repeatedly struck Harmony? After. What was Harmony doing at that point when he started driving the vehicle? [00:38:25] Kayla Montgomery: She was crying. She was crying. A lot. [00:38:28] Speaker 1: She was crying a lot? [00:38:30] Kayla Montgomery: Yeah. [00:38:31] Speaker 1: And she was making a weird noise. Was she saying anything? [00:38:36] Kayla Montgomery: No. [00:38:38] Speaker 1: And Kayla, I want you to walk the jurors through in as much detail as you can what happened on your route from Habidovco to that Burger King? [00:38:52] Kayla Montgomery: Adam. Adam was getting really angry from Harmony peeing in the car and he repetitively kept punching her on the way to Burger King. And there were a couple red lights and when we were at red lights, he would like go over the driver's seat, like in between the passenger seat and he was just punching her repetitively in the head. [00:39:25] Speaker 1: You said there were several times where he punched her repetitively in the head. Yes. How many times did he hit her? Uh, I can't count. [00:39:38] Speaker ?: I don't know. [00:39:39] Speaker 1: Were you counting? No, I wasn't. How many lights did that car come to where he repetitively struck her? At least two or three. Between Habidovco and the Burger King, did the defendant say anything to Harmony? I told her to shut the fuck up. [00:40:08] Kayla Montgomery: Stop crying. [00:40:10] Speaker 1: You said she was making a weird noise. Yes. Can you describe it? [00:40:22] Kayla Montgomery: It was like, uh, I can't even describe it. It was like a moaning kind of noise. But crying. [00:40:36] Speaker 1: It was just weird. I can't explain it. Did you try to help Harmony while he was striking her? Yes. Tell the jurors what you did to help, to try to help. [00:40:49] Kayla Montgomery: I put my arm up and said to stop. But he looks at me and he gave me this look that was like evil. I don't, it's his crazy eyes. I didn't like it. And I didn't, I couldn't stop her, stop him from hitting her. Cause he, the look that he gave me was scary. I was scared. [00:41:12] Speaker 1: What were you feeling when he looked at you like that? [00:41:16] Kayla Montgomery: Like he was either going to hit me or just, I don't know, it was weird. And that was like one of the first times that I've seen him look at me like that. [00:41:34] Speaker 1: Was it the last time you saw him look at you like that? No. Okay. And we'll talk about that more. But I want to focus on this drive. You said that, that, that Harmony is crying. She's making this weird noise. [00:41:50] Kayla Montgomery: Yeah. [00:41:51] Speaker 1: Where was she in the vehicle? She was behind the passenger seat. And who was in front of her in that car? I was. You described the defendant almost coming over the seat. [00:42:05] Kayla Montgomery: Yes. [00:42:07] Speaker 1: Was he still driving at that point? [00:42:10] Kayla Montgomery: Some like, kind of like between the red lights and it was definitely at the red lights. I remember that. [00:42:21] Speaker 1: How was he striking her? [00:42:23] Kayla Montgomery: By punching her in the head. [00:42:30] Speaker 1: Where were your other two children at that time? [00:42:32] Kayla Montgomery: In the back seat. [00:42:34] Speaker 1: And what were they doing? [00:42:37] Kayla Montgomery: They had no idea what was going on. How old were they? [00:42:45] Taylor: Sheamus was about two and a half and Declan was 11 months old. [00:42:55] Speaker 1: Did you look back at Harmony at any point? No. Why not? Because I was scared. What were you scared of? [00:43:08] Taylor: If Adam was going to say something or if he hurt her really bad, it was going to look really bad. [00:43:16] Speaker ?: You were scared of what Harmony would look like? [00:43:17] Speaker 1: You were scared of what Harmony would look like? That attempt to intervene. Were you successful in that? No. Did he stop after that? [00:43:31] Kayla Montgomery: Shortly after that. Shortly after that. [00:43:35] Speaker 1: Did he say anything to you when he stopped? [00:43:40] Kayla Montgomery: He said he thinks that he really hurt her. [00:43:46] Speaker ?: He felt something. [00:43:47] Speaker 1: When he said that he thinks he really hurt her, where was the vehicle at that point? At Burger King? At the Burger King? Yes. And what did the defendant do after he stopped hitting Harmony, after he said, "I think I really hurt her"? [00:44:15] Taylor: Nothing. [00:44:23] Speaker 1: Did you order food from Burger King? Yes. Where was Adam when you were ordering food from Burger King? In the driver's seat. Did you go inside to the Burger King or something else? [00:44:40] Speaker ?: No. [00:44:41] Kayla Montgomery: I don't remember going in there. Did you go through the drive-thru? [00:44:45] Speaker 1: Yes. And so who ordered the food? Adam did. And what did you do with the food that he had ordered? [00:44:56] Kayla Montgomery: Ate it, gave some to the kids. [00:45:00] Speaker 1: Where were you when you ate the food? In the parking lot. Which parking lot? Burger King. Now, the kids were behind you at that point. Yes. Is that what you testified to? [00:45:16] Kayla Montgomery: Yes. [00:45:17] Speaker 1: And who gave them food? [00:45:19] Kayla Montgomery: I did. [00:45:20] Speaker 1: Did you see Harmony when you were giving them food? [00:45:24] Kayla Montgomery: No. [00:45:25] Speaker 1: Why not? Because she was under the blanket. Who put her under the blanket? Adam. That's the same blanket that you mentioned earlier? Yes. The same blanket he would cover her with? Yes. Where did you go from the Burger King parking lot, Kayla? [00:45:52] Kayla Montgomery: Went back to Colonial Village. [00:45:55] Speaker 1: And how did you get there? [00:45:58] Kayla Montgomery: With the vehicle, Adam driving. [00:46:02] Speaker 1: Was Harmony still under the blanket when you arrived at Colonial Village? Yes. And that moaning that you mentioned, that weird noise that she was making, was she still making it? No. [00:46:12] Taylor: No. [00:46:13] Speaker 1: How long did that noise that she was making last? [00:46:19] Kayla Montgomery: I don't remember. It wasn't. I don't remember. I don't remember if it was too long. I don't remember if it was after we were at Colonial Village for a little bit. Or if it was before. [00:46:39] Speaker 1: That moaning, did it eventually stop? Yes. Did you check on Harmony at any point after the moaning stopped? No. Did Adam? No. Why didn't you check on her? [00:46:54] Kayla Montgomery: Because I was scared. [00:47:03] Speaker 1: When you arrived at the Colonial Village parking lot, when you arrived back there, what did you and the defendant do? We got drugs and got high. We got drugs and got high. When you say we got drugs and got high, what drugs did you get, Kayla? Heroin and crack. And how long did you use those drugs for in that parking lot? [00:47:28] Kayla Montgomery: Um, probably, we were there for probably 10 or 15 minutes. [00:47:38] Speaker 1: Where did you go from the Colonial Village parking lot? [00:47:48] Kayla Montgomery: Um, I don't remember where we were going, but I know we left. [00:47:55] Speaker ?: You left at some point. [00:47:56] Speaker 1: Yes. [00:47:57] Kayla Montgomery: And what happened when you left the parking lot? We made it to the next street over, um, going towards Elm Street. And the car died when we got to the traffic light. And it wouldn't start or anything. And so we were stuck without a vehicle. [00:48:26] Speaker 1: What was the defendant doing when the car died? [00:48:29] Kayla Montgomery: Um, he was trying to press, trying to get a, um, jump, and there was no jumping the vehicle. And so we ended up having to leave it. And when we were getting out of the car and getting the kids out of the car, when we were getting out of the car and getting the kids out of the car and getting the kids out of the car and getting the kids out of the car. Okay. [00:48:52] Taylor: When we were getting out of the car and getting the kids out of the car and getting the kids out of the car and getting the kids out of the car and getting the kids out of the car and getting the kids out of the car. [00:48:57] Speaker 1: Let's talk about that. When you say Harmony had passed away, when did you realize that Harmony had passed away? [00:49:04] Kayla Montgomery: When Adam was trying to wake her up and she didn't, she didn't, she didn't, she didn't reply or anything. [00:49:19] Speaker 1: Was he saying things to her to try to wake her up? [00:49:22] Kayla Montgomery: Yeah, he said, uh, he said Harmony and he kept saying baby girl, like, and trying to budge her and there was nothing. [00:49:35] Speaker 1: Was he touching her? [00:49:36] Kayla Montgomery: Yes. [00:49:37] Speaker 1: What was he doing to her body at that point? [00:49:40] Kayla Montgomery: Uh, trying to figure out what to do and getting all the kids out of the car. Um, he took the duffel bag that was in the trunk. And, and, and, and put her in the duffel bag. And, and, and, and put her in the duffel bag. [00:50:03] Speaker ?: And, and, and put her in the duffel bag. And, and put her in the duffel bag. [00:50:10] Taylor: And, and, and put her in the duffel bag. You mentioned this duffel bag from the trunk. [00:50:18] Speaker ?: Yeah. [00:50:18] Taylor: Had you seen that duffel bag before Kayla? [00:50:19] Speaker ?: What was it used for? Yes. When we got kicked out of the house. When we got kicked out of the house, we put clothes in there for everybody. And it was in the trunk of the car. Did you see him put Harmony in that duffel bag? Yes. How did he put her in there Kayla? [00:50:30] Speaker 1: Yes. How did he put her in the duffel bag? Yes. [00:50:33] Kayla Montgomery: How did he put her in the duffel bag? [00:50:34] Speaker 1: Yes. How did he put her in the duffel bag? Yes. How did he put her in the duffel bag? You mentioned this duffel bag from the trunk. [00:50:39] Speaker ?: Yeah. [00:50:40] Taylor: Had you seen that duffel bag before Kayla? What was it used for? Yes. When we got kicked out of the house, we put clothes in there for everybody. And it was in the trunk of the car. [00:50:49] Speaker 1: Did you see him put Harmony in that duffel bag? [00:50:52] Taylor: Yes. [00:50:53] Speaker 1: How did he put her in there Kayla? [00:50:55] Kayla Montgomery: He, like, folded her in half and put her in the duffel bag. [00:51:20] Speaker 1: Did he call 911 at any point? [00:51:23] Kayla Montgomery: No. [00:51:24] Speaker 1: Did you? [00:51:25] Kayla Montgomery: No. [00:51:26] Speaker 1: And when you saw him put her in that duffel bag, did you attempt to get away to run? [00:51:31] Kayla Montgomery: No. [00:51:32] Speaker 1: Why not? [00:51:33] Kayla Montgomery: Because they had the two other kids and I was scared. [00:51:41] Speaker 1: Scared of? [00:51:44] Kayla Montgomery: That something would happen to me or Adam and the kids. [00:51:49] Speaker 1: You said you saw him put her in that duffel bag, fold her up and put her in there. Yes. What did her face look like when you saw her go into that bag? It was all black and blue and her face was puffy. [00:52:00] Speaker ?: Her eyes were puffy. Did he say anything to you after you put her in that duffel bag? I don't remember. [00:52:00] Taylor: I don't remember. [00:52:01] Speaker ?: What did you do after you put her in the duffel bag? I don't remember. [00:52:01] Taylor: What did you do after he put her in the duffel bag? [00:52:02] Speaker ?: I don't remember. [00:52:02] Taylor: What did you do after you put her in the duffel bag? I don't remember. What did you do after you put her in the duffel bag? [00:52:09] Speaker ?: We took the kids and we walked back to Colonial Village. [00:52:12] Speaker 1: What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? [00:52:17] Speaker ?: I don't remember. [00:52:17] Speaker 1: What did you do after you put her in the duffel bag? [00:52:31] Taylor: We took the kids and we walked back to Colonial Village. [00:52:37] Speaker 1: What did you do once you arrived at Colonial Village? [00:52:44] Taylor: What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? [00:52:51] Speaker ?: What did you do after you put her in the duffel bag? [00:52:52] Taylor: What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? [00:52:59] Speaker ?: What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? [00:53:01] Speaker 1: What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? [00:53:03] Taylor: What did you do after you put her in the duffel bag? [00:53:04] Speaker 1: What did you do after you put her in the duffel bag? [00:53:05] Taylor: What did you do after you put her in the duffel bag? [00:53:06] Speaker ?: What did you do after you put her in the duffel bag? [00:53:07] Speaker 1: What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? [00:53:14] Taylor: What did you do after you put her in the duffel bag? [00:53:15] Speaker 1: What did you do after you put her in the duffel bag? What did you do after you put her in the duffel bag? [00:53:18] Taylor: What did you do after you put her in the duffel bag? [00:53:19] Speaker ?: What did you do after you put her in the duffel bag? [00:53:20] Taylor: What did you do after you put her in the duffel bag? What did you put her in the duffel bag? What did you put her in the duffel bag? Three lines. [00:53:24] Speaker 1: What was around that snow embankment? [00:53:28] Taylor: A dumpster, and cars, and snow. [00:53:40] Speaker 1: You said he put it in there so that Anthony Badero wouldn't see. [00:53:44] Taylor: Yeah. [00:53:45] Speaker 1: What did the defendant do after he put that duffel bag in the snowbank? [00:53:51] Kayla Montgomery: We left her there. And we got a ride from Badero to get the stuff out of our car. [00:54:07] Speaker 1: And where was your car at that point? [00:54:10] Kayla Montgomery: It was at that street. We ended up leaving it, and when we came to the car it was already getting towed. [00:54:20] Speaker 1: So, Mr. Badero gave you a ride back to your vehicle? [00:54:25] Kayla Montgomery: Yes. [00:54:26] Speaker 1: Were you able to get belongings out of the vehicle? Yes. And who did that? Who got those items out? Adam and myself. That vehicle was your home at the time? Yes. What did you do after that in terms of a shelter? [00:54:48] Taylor: Um, Badero let us sleep in his car for the weekend until I figured something out. Just for the weekend? [00:54:59] Speaker ?: Yeah. [00:54:59] Speaker 1: Is that what you had asked him for, or is that what he said just for the weekend? [00:55:10] Taylor: That's what he said. [00:55:11] Speaker 1: And what kind of vehicle did Mr. Badero have? An Audi? Audi? [00:55:19] Kayla Montgomery: Do you remember what color it was? Blue. Was it a car, a sedan, or an SUV? [00:55:22] Speaker 1: A car. And I want to talk about the time that you were living in that car that weekend. Where was Harmony's body at that point when you were living in Mr. Badero's vehicle? [00:55:49] Kayla Montgomery: In the trunk of the car. [00:55:54] Speaker 1: And did the defendant ever move it from the trunk of the car to another location? [00:55:58] Kayla Montgomery: Yes. [00:55:59] Speaker 1: Where would he put it? [00:56:02] Kayla Montgomery: Near the dumpster. [00:56:04] Speaker 1: Why? [00:56:07] Kayla Montgomery: So that he wouldn't see it. [00:56:10] Speaker 1: Was it cold outside at the time? [00:56:12] Kayla Montgomery: Yes. [00:56:13] Speaker 1: You mentioned snow. Was there snow on the ground? [00:56:15] Kayla Montgomery: Yes. [00:56:17] Speaker 1: Did something happen to the vehicle that first night you were staying in Mr. Badero's car? [00:56:26] Kayla Montgomery: Yes, the battery died. [00:56:29] Speaker 1: What did the defendant do when the battery died? [00:56:33] Kayla Montgomery: He used somebody's phone and called Ms. Frayne. [00:56:41] Speaker 1: Is that Kimberly Frayne? [00:56:43] Kayla Montgomery: Yes. [00:56:44] Speaker 1: Are you aware of him communicating with any other people regarding the dead car? [00:56:50] Kayla Montgomery: Not that I remember. [00:56:52] Speaker 1: At that time, did the defendant have a Facebook account? [00:56:56] Speaker ?: Yes. [00:56:57] Speaker 1: Do you know if he had a Facebook account? I don't remember. I don't remember. But you recall a call to Ms. Frayne? Yes. And what happened after that call? [00:57:15] Kayla Montgomery: She showed up with a battery pack jumper to jump the car. [00:57:26] Speaker 1: Was she successful in jumping the car? Yes. Yes. And what were you doing while that was going on? [00:57:32] Kayla Montgomery: I was in the car with the kids. [00:57:36] Speaker 1: Where was Ms. Frayne? [00:57:38] Kayla Montgomery: Outside of the car with Adam. [00:57:41] Speaker 1: I was going to ask, where was the defendant? Where was Harmony at that point when the car was being jumped? [00:57:48] Kayla Montgomery: In the trunk of the car. [00:57:50] Speaker 1: What did you and the defendant do for food during your time in Mr. Bodero's car? [00:57:59] Kayla Montgomery: Bodero bought us pizza and brought it down to the car. [00:58:09] Speaker 1: You mentioned being there for two nights. Yes. And the first night the battery died? [00:58:16] Kayla Montgomery: Yes. [00:58:17] Speaker 1: When was that pizza given to you? [00:58:22] Kayla Montgomery: I think it was the next night. Because he did give us food for a couple of dinners. He gave us food. We had the pizza. He just got food. [00:58:39] Speaker 3: Could you repeat that, please? [00:58:41] Kayla Montgomery: A couple of nights we got pizza. [00:58:44] Speaker 1: And did you leave Mr. Bodero's vehicle after that weekend? Yes. After those two nights you left? Yes. Can you tell the jurors where you went? [00:58:59] Kayla Montgomery: I went to my aunt's house. [00:59:02] Speaker 1: And what's your aunt's name? [00:59:04] Kayla Montgomery: Kimberly Simmons. [00:59:05] Speaker 1: Where did Ms. Simmons live at the time? [00:59:08] Kayla Montgomery: In Manchester. [00:59:09] Speaker 1: Was she on South Main Street? Yes. And how did you get to your aunt's home? [00:59:17] Kayla Montgomery: Bodero dropped us off. [00:59:20] Speaker 1: Your Honor, may I approach? [00:59:23] Speaker 3: Yes. Thank you. [00:59:54] Speaker 1: So, Taylor, I'm going to hand you three exhibits, and I'm just going to ask that you look at the first one. So, that first one, what's been marked as State's Exhibit 25 for identification, do you recognize what's depicted on that item? [01:00:27] Kayla Montgomery: Yes. [01:00:28] Speaker 1: Can you tell the jurors what it is? It's the apartment that my aunt lived in. That, again, is on South Main Street? Yes. Is that a fair and accurate representation of your aunt's apartment? [01:00:40] Kayla Montgomery: Yes. [01:00:42] Speaker 1: Your Honor, at this point, I move to strike ID and mark this full State's Exhibit 25. [01:00:46] Speaker 3: Any objection? No objection. The ID is stricken. It's entered as a full exhibit. [01:00:51] Speaker 1: Now, Kayla, when Mr. Bedero dropped you, the defendant, and your two children off, where was Harmony's body? [01:00:59] Kayla Montgomery: In the duffel bag. [01:01:01] Speaker 1: And who had that duffel bag? [01:01:03] Kayla Montgomery: Adam. [01:01:03] Speaker 1: And what did he do with that duffel bag when you got to your aunt's house? He placed it under the porch. And you pointed at the exhibit just now. If you could just hold it up and show the jurors where you're pointing. Right here. [01:01:30] Speaker 5: I'm going to take one second. [01:01:32] Speaker 1: Can you show me where you pointed? Caleb, you can take a look at Exhibit 20, 26, and 27, what's been marked as ID for 26 and 27. [01:02:01] Speaker ?: What's depicted on those two items, Caleb? The porch. [01:02:07] Speaker 1: Up close. Is that a third half of the representation of your aunt's porch? [01:02:13] Kayla Montgomery: Yes. [01:02:14] Speaker 1: Is there a difference in the two photos? [01:02:17] Kayla Montgomery: Yes. 27 has measuring tape, it looks like. [01:02:28] Speaker 1: And, Your Honor, at this point I move to strike the ID and mark as full, State's Exhibit 26 and 27. [01:02:35] Speaker 3: The ID is stricken. The ID is stricken. They're entered as full exhibits. [01:02:37] Speaker 5: Can I switch to publish the material? Yes. [01:02:40] Speaker 3: You may. [01:02:41] Speaker 1: You mentioned the defendant putting Armie's body in a duffel bag under the porch. [01:02:51] Kayla Montgomery: Yes. In your aunt's home? Yes. Yes. [01:02:53] Speaker 1: This is the porch that he put her under? Did you go into the home that day, into your aunt's home? Yes. How long were you there for, Caleb? [01:03:05] Kayla Montgomery: Um, a few hours. I was going to try to figure out where to go. [01:03:13] Speaker 1: What was your, what was the purpose of your trip to your aunt's home? [01:03:17] Kayla Montgomery: To talk, so that she could talk to my mother, so that, um, she'll let us stay at her place. [01:03:29] Speaker 1: What's your mother's name? [01:03:31] Kayla Montgomery: Christina Lubin. [01:03:34] Speaker 1: So, if I understand, you wanted your aunt to talk to your mother? [01:03:38] Kayla Montgomery: Yeah. [01:03:39] Speaker 1: Did you end up seeing your mother that day? [01:03:41] Kayla Montgomery: Yes. [01:03:43] Speaker 1: How did you come to see her that day? [01:03:45] Kayla Montgomery: She came to pick us all up, myself, Adam, and the kids, the two boys. [01:03:52] Speaker 1: Where was Harmony at that point? [01:03:53] Kayla Montgomery: In the duffel bag. [01:03:56] Speaker 1: And how did your, your mother pick you up? How did she arrive at your aunt's home? [01:04:00] Kayla Montgomery: Um, she came in her van. [01:04:03] Speaker 1: And what happened to that bag that Harmony was in when your mother came to pick you up? [01:04:09] Kayla Montgomery: We put it in the van. [01:04:11] Speaker 1: And when you say we put it in the van, who put it in the van? [01:04:14] Kayla Montgomery: Adam. [01:04:21] Speaker 1: How long did Harmony's body stay in the van? [01:04:24] Kayla Montgomery: Um, probably about five. Like five to ten minutes. [01:04:34] Speaker 1: Was it in there while you were traveling somewhere? [01:04:36] Kayla Montgomery: Yes. [01:04:37] Speaker 1: Where were you going? [01:04:38] Kayla Montgomery: To my mother's place. [01:04:41] Speaker 1: Did the defendant keep Harmony's body in the van? [01:04:45] Kayla Montgomery: For the drive, yes. [01:04:47] Speaker 1: What did he do with Harmony's body when you arrived at your mother's home? [01:04:52] Kayla Montgomery: And he took it out of the van and put her, he put her on the side near the trash at first until he figured out where to put her. [01:05:08] Speaker 1: And what did he figure out in terms of where to put her? [01:05:10] Kayla Montgomery: Um, there was a cooler in the hall walkway, um, that the residents used to get in and out of the building, and it was on my mom's floor level, um, in the hallway. And then he put the cooler in, I mean, he put the duffel bag in the cooler. [01:05:34] Speaker 1: And what was in the duffel bag at that point? [01:05:36] Kayla Montgomery: Harmony. [01:05:37] Speaker 1: So he removed her from the trash, and he put her in this cooler? Yes. Her body was still in the duffel bag at that point? Yes. [01:05:46] Speaker 3: May I have pressure on it? Yes, you may? Amanda, can you use this? Yes, you may. [01:05:50] Speaker ?: Thank you. [01:05:59] Speaker 5: So I'm showing you what's been marked as State's exhibit 28 for identification. [01:06:03] Speaker 1: Yes. Do you recognize that item? [01:06:05] Kayla Montgomery: Yes. [01:06:07] Speaker 1: What is it? [01:06:08] Kayla Montgomery: That is the cooler that was on the porch in my mom's hallway. [01:06:15] Speaker 1: Is that a fair and accurate representation of the cooler? [01:06:18] Kayla Montgomery: Yes. [01:06:19] Speaker 1: That's what it looked like? [01:06:20] Kayla Montgomery: Yes. [01:06:22] Speaker 1: Your Honor, at this point I move to strike the ID and Martha's Full State's exhibit 28. [01:06:28] Speaker 3: Okay. The ID is stricken. It's entered as a full exhibit. [01:06:32] Speaker 5: May I move to publish? [01:06:33] Speaker 3: Yes, you may? [01:06:45] Speaker ?: Okay. Okay. [01:06:50] Speaker 1: Kayla, how did Harmony's body fit into this cooler? [01:06:58] Kayla Montgomery: Adam pushed it into the cooler so it would fit. [01:07:07] Speaker 1: Is that something you saw him do? [01:07:09] Kayla Montgomery: Yes. [01:07:10] Speaker 1: Were there any noises when he did that? [01:07:16] Kayla Montgomery: Not that I remember. [01:07:19] Speaker 1: How long was she stored in that cooler for? [01:07:24] Kayla Montgomery: For a couple weeks. For a couple weeks. [01:07:32] Speaker 1: And how long did you stay with your mother for? How long were you with Christina Lubin? [01:07:39] Kayla Montgomery: For a couple weeks. [01:07:44] Speaker 1: Did her body stay in that cooler for the entire time you were with your mother? [01:07:48] Kayla Montgomery: Yes. [01:07:50] Speaker 1: Why? I honestly don't know. How often did you see that cooler when you were living with your mother? [01:08:01] Kayla Montgomery: Every day. Multiple times a day. [01:08:05] Speaker 1: Where was the cooler kept? [01:08:07] Kayla Montgomery: In the hallway. [01:08:11] Speaker 1: Was that your mother's hallway or was it? [01:08:14] Kayla Montgomery: It was access to everybody who lived in the building, but it was on the level of my mom's apartment. [01:08:21] Speaker 1: And tell us about that hallway. What else was kept there? I don't remember. Were there other items in that hallway? I don't remember. Where did you go after living with your mother? [01:08:43] Kayla Montgomery: To the FIT shelter. Families in transition. [01:08:50] Speaker 1: And when you moved to the Families in Transition shelter, is that FIT? The FIT shelter? Yes. When you moved to the FIT shelter, where was Harmony's body? [01:09:03] Kayla Montgomery: Adam put her... [01:09:18] Taylor: In the ceiling. In the vent of the room that we stayed in. [01:09:26] Speaker 5: What room did he stay in while you lived in the Families in Transition shelter, Kayla? [01:09:33] Kayla Montgomery: It was the first room. It was room one. [01:09:45] Speaker 1: And how did he access the ceiling to store her in there? [01:09:51] Kayla Montgomery: He climbed, used the bunk bed and climbed up in the ceiling. [01:09:59] Speaker 1: Was there something that allowed him to access the ceiling or it was above that bunk bed? It was a vent. And who slept under that bed? [01:10:10] Kayla Montgomery: The kids. [01:10:13] Speaker 1: Where did the defendant, where did the defendant sleep? Where did the defendant sleep? [01:10:15] Speaker ?: Where did the defendant sleep? [01:10:17] Kayla Montgomery: Um, we had, we all slept on the floor of the mattresses. [01:10:22] Speaker 1: So, Kayla, I'm showing you what's been previously marked for identification of States Exhibit 30 through 34. Can you please look at each of these items in turn and describe what's the key to the floor? [01:10:37] Kayla Montgomery: This is the outside of the family shelter. [01:10:41] Speaker 5: And that's State Exhibit 30. [01:10:45] Kayla Montgomery: And this is the door to room one, and next to it is the second room. I'm just going to ask you to leave it a little away from the microphone. [01:11:03] Speaker 3: Thank you. [01:11:04] Speaker 1: And when you say, this is the room, whose room was that? [01:11:08] Taylor: It was the room that we stayed in. [01:11:10] Speaker 1: And that's set up? The way the room is set up, is that similar to how it was when you lived there? [01:11:16] Taylor: Yes. [01:11:17] Speaker 1: And that's State Exhibit 32. But at State Exhibit 33, what is depicted there? [01:11:24] Kayla Montgomery: The vent above the bed. [01:11:28] Speaker 1: And what happened with that vent? [01:11:31] Kayla Montgomery: Adam moved it so he could go in the ceiling. [01:11:34] Speaker 1: Now, did you ever touch that vent, Kayla? [01:11:36] Kayla Montgomery: No. [01:11:40] Speaker 1: And State Exhibit 34? [01:11:44] Kayla Montgomery: It's the vent. [01:11:49] Speaker 1: Are those fair and accurate representations? Is that consistent with your memory of what those items looked like? [01:11:56] Speaker 6: Yes. [01:11:57] Speaker 1: Your Honor, at this point, I move to strike ID and mark as full State Exhibit 30 through 34. [01:12:02] Speaker 5: Any objections? [01:12:07] Speaker 3: All right, the ID is stricken. Those are entered as full exhibits and may be published to the jury. [01:12:14] Speaker 1: And so, Kayla, I'm holding up what's been marked, what's been admitted in the States Exhibit 30. What is this item? What is depicted here? [01:12:23] Kayla Montgomery: Outside of the family shelter. [01:12:26] Speaker 5: How long did you live at this type of shelter floor? [01:12:29] Kayla Montgomery: Uh, a month and a half, almost. [01:12:37] Speaker 1: And State Exhibit 30? What's depicted in this image? [01:12:42] Kayla Montgomery: The room that was the one we stayed in was on the left side, room one. And the other room is the second one next to it. [01:12:52] Speaker 1: So you stayed in room one? [01:12:53] Kayla Montgomery: Yes. [01:12:55] Speaker 1: And you mentioned room two being decided. [01:12:58] Kayla Montgomery: Yes. [01:13:01] Speaker 1: And States Exhibit 32 and 33, you mentioned that this was consistent with what the room looks like when you lived there? [01:13:10] Speaker 5: Yes. And those are the bumpfests that you mentioned? [01:13:15] Kayla Montgomery: Yes. [01:13:25] Speaker 1: And you said you could see the vents that was used in these images? [01:13:29] Kayla Montgomery: Yes. [01:13:31] Speaker 1: And can you remind the jury what's in States Exhibit 34? [01:13:37] Kayla Montgomery: That's the vent that he climbed up to and put harmony in the ceiling. [01:13:46] Speaker 1: When you say he climbed up to the harmony in the ceiling, how do you speak? [01:13:49] Kayla Montgomery: Adam. [01:13:54] Speaker 1: At the time you were living at the family's in transition shelter, was there anything going on with Harmony's body? Was she having any changes? Was her body having any changes? [01:14:24] Kayla Montgomery: Yes. [01:14:25] Speaker 1: And I want you to tell the jurors what those changes were. [01:14:30] Kayla Montgomery: You could smell a horrible smell that was coming through the vents. [01:14:40] Speaker 1: Do you remember that horrible smell? [01:14:50] Speaker 6: Yes. [01:14:52] Speaker 1: Did maintenance come at some point while you were living there because of that smell? [01:14:57] Kayla Montgomery: Yes. [01:14:58] Speaker 1: And what happened when those maintenance workers came? [01:15:01] Kayla Montgomery: Adam took her back down from out of the ceiling and brought the bag in the bathroom. [01:15:18] Speaker 1: And what happened when Adam brought Harmony down from the ceiling? [01:15:22] Kayla Montgomery: That she was starting to smell, and there was fluid leaking. [01:15:38] Speaker 1: So you smelled her? And did you see the fluid? [01:15:47] Kayla Montgomery: No, I didn't see it. [01:15:49] Speaker 1: How do you know about the fluid that was leaking? [01:15:52] Kayla Montgomery: Adam said that. [01:15:54] Speaker 1: What did he say? [01:15:55] Kayla Montgomery: He said that there was blood up in the ceiling and fluid. [01:16:05] Speaker 1: And so what did he do with that duffel bag containing Harmony? After he removed her from the ceiling because of maintenance. [01:16:14] Kayla Montgomery: He put her in a trash bag. [01:16:21] Speaker 1: I'm showing you what's been marked as State's Exhibit 52 for identification. [01:16:29] Kayla Montgomery: Yes. [01:16:32] Speaker 1: Hila, do you recognize the item that's depicted in this image? [01:16:35] Kayla Montgomery: Yes. [01:16:36] Speaker 1: What is that? [01:16:38] Kayla Montgomery: The CMC diaper bag. [01:16:43] Speaker 1: Is that a fair and accurate representation of the CMC diaper bag? [01:16:47] Kayla Montgomery: Yes. [01:16:55] Speaker 1: And how about State's Exhibit 53? [01:16:59] Kayla Montgomery: Yes. [01:17:00] Speaker 1: Is that a fair and accurate representation? [01:17:02] Kayla Montgomery: Yes. [01:17:03] Speaker 1: Of the item that's depicted? [01:17:04] Kayla Montgomery: Yes. [01:17:05] Speaker 1: And what is that item? [01:17:07] Kayla Montgomery: It's the bag that Adam put Harmony in. [01:17:12] Speaker 1: So you mentioned garbage bags that he put her in. [01:17:15] Kayla Montgomery: Yes. [01:17:15] Speaker 1: What did he put those garbage bags into, if anything? [01:17:18] Kayla Montgomery: He put the garbage bags inside that bag. [01:17:22] Speaker 1: So, Your Honor, at this point, I move to strike ID, strike what's been marked as ID and marked as full states, except at 52 and 53. [01:17:31] Speaker 3: An objection? [01:17:32] Speaker ?: An objection? No objection? [01:17:32] Speaker 3: No objection. No objection. [01:17:33] Speaker 1: Can I move to publish? [01:17:34] Speaker 5: I'm sorry. [01:17:34] Speaker 3: 52 and 53, the ID is stricken. They're entered as full exhibits, and they may be published to the jury. Thank you. I'm sorry. [01:17:40] Speaker ?: I'm sorry. I'm sorry. Can you say that a little bit louder? I'm sorry. Can you say that a little bit louder? I'm sorry. Adam squished her into the bag. I'm sorry. Can you say that a little bit louder? I'm sorry. Can you say that a little bit louder? I'm sorry. I'm sorry. Can you say that a little bit louder? I'm sorry. I'm sorry. Can you say that a little bit louder? I'm sorry. I'm sorry. [01:17:51] Speaker 1: I'm sorry. [01:17:52] Speaker ?: I'm sorry. [01:17:52] Speaker 1: I'm sorry. [01:17:53] Speaker ?: I'm sorry. [01:17:53] Speaker 1: Can you say that a little bit louder? [01:17:54] Speaker ?: I'm sorry. [01:17:54] Speaker 1: I'm sorry. I'm sorry. [01:17:56] Speaker ?: Can you say that a little bit louder? I'm sorry. I'm sorry. I'm sorry. [01:18:00] Kayla Montgomery: I'm sorry. I'm sorry. I'm sorry. [01:18:03] Speaker 1: Can you say that a little bit louder? [01:18:06] Kayla Montgomery: Adam squished her into the bag. [01:18:21] Speaker ?: Okay. [01:18:22] Speaker 1: I'm showing you what's been marked for identification as State's Exhibit 85. Do you recognize this? [01:18:30] Kayla Montgomery: Yes. [01:18:31] Speaker 1: Is this similar to that CMC bag? [01:18:33] Kayla Montgomery: Yes. [01:18:34] Speaker 1: Is it, in fact, identical to that CMC bag? [01:18:37] Kayla Montgomery: Yes. [01:18:40] Speaker 1: Your Honor, at this point, I move to strike the ID of State's Exhibit 85 and mark this full and publish to the jury. [01:18:47] Speaker 3: Any objection? No, I'm careful. The ID is stricken. It's entered as a full exhibit. [01:18:56] Speaker 1: So the defendant put Harmony into garbage bags and he squished her into a bag like this [01:19:02] Kayla Montgomery: one? [01:19:03] Speaker 5: And this, again, was at the Amazing Transition Delta? [01:19:08] Kayla Montgomery: Yes. [01:19:09] Speaker 5: Where did he do that to him? [01:19:11] Kayla Montgomery: In the bathroom of the room that we stayed in. [01:19:16] Speaker 1: Were you in the bathroom with him when he did that? [01:19:19] Kayla Montgomery: No. [01:19:20] Speaker 1: Did you hear anything when he was doing that to her in the bathroom? [01:19:28] Kayla Montgomery: I heard a loud bag. I heard a loud bag. [01:19:31] Speaker 1: Could you see what was going on in there? No. You mentioned the defendant stuffing Harmony into the duffel bag. [01:19:43] Kayla Montgomery: Yes. [01:19:44] Speaker 1: At that intersection in the car bag. [01:19:46] Kayla Montgomery: Yes. [01:19:47] Speaker 1: And then you mentioned squishing her into this bag. [01:19:50] Kayla Montgomery: Yes. [01:19:51] Speaker 1: Did she fill that bag, that CMC bag that you just saw? Yes. Her body filled that bag? Yes. [01:19:59] Kayla Montgomery: Yes. [01:20:00] Speaker 1: And what did he do with the bag after he put her in there? [01:20:12] Kayla Montgomery: He put her back in the ceiling. [01:20:22] Speaker 1: You mentioned being at the Families in Transition shelter for a month and a half. [01:20:30] Kayla Montgomery: Yes. [01:20:31] Speaker 1: During that time, did the defendant begin discussing disposing of Harmony, getting rid of her body? [01:20:38] Kayla Montgomery: No. [01:20:39] Speaker 1: At some point, did he begin discussing disposing of Harmony, getting rid of her body? [01:20:44] Kayla Montgomery: Yes. [01:20:45] Speaker 1: And what was his plan? What was his idea for getting rid of her? To use Lyme? [01:20:50] Speaker ?: To dismember her? To dismember her? What did he believe that Lyme would do if he used it on her body? [01:20:50] Kayla Montgomery: Um. To use Lyme? To dismember her? [01:20:53] Speaker ?: To dismember her? [01:20:54] Speaker 1: What did he believe that Lyme would do if he used it on her body? Um. [01:21:12] Speaker 3: The objective is sustained, so you can rephrase the question, please. [01:21:27] Speaker 1: Did the defendant tell you what he believed Lyme would do if he used it on Harmony's body? [01:21:32] Kayla Montgomery: Yes. [01:21:33] Speaker 1: What did he tell you? [01:21:35] Kayla Montgomery: That it will help decay her body? [01:21:47] Speaker 1: That it would help decay her body? Yes. Did he tell you what he believed dismembering her would do? [01:21:56] Speaker ?: No. [01:21:58] Speaker 1: But he told you that that was his plan? Yes. [01:22:02] Speaker 3: Yes. Counsel, can you approach her just a minute? [01:22:14] Speaker 1: All rise to the jury. All rise to the jury. [01:22:32] Speaker ?: You may be seated. [01:22:33] Speaker 3: Put your nose whenever you're ready. Okay. [01:22:46] Speaker ?: Okay. [01:22:47] Speaker 3: Ms. Montgomery, I remind you, you remain under oath. [01:23:01] Speaker 1: Okay, before, excuse me. Before we broke, you were telling us about your time in the fit shelter. [01:23:17] Kayla Montgomery: Yes. [01:23:18] Speaker 1: And you mentioned the defendant taking Harmony's body out of that ceiling. She was still in the duffel bag. Yes. Brought her into the bathroom, is that right? [01:23:28] Kayla Montgomery: Yes. [01:23:29] Speaker 1: And you said when he was in there, you couldn't see what was going on, but you heard a bang? [01:23:34] Kayla Montgomery: Yeah. [01:23:35] Speaker 1: What was he doing to her? [01:23:37] Kayla Montgomery: Trying to fit her in that bag. [01:23:40] Speaker ?: Is that the bag like this one? Yes. And you heard a bang while he was doing that. Yes. Did you hear any other noises? No. How long was he in the fit shelter bathroom? No. [01:23:45] Speaker 1: How long was he in the fit shelter bathroom? No. No. How long was he in the fit shelter bathroom? [01:23:51] Kayla Montgomery: No. [01:23:52] Speaker ?: No. How long was he in the fit shelter bathroom? No. How long was he in the fit shelter bathroom? [01:24:02] Speaker 1: No. How long was he in the fit shelter bathroom? [01:24:05] Kayla Montgomery: Yes. [01:24:06] Speaker 1: How long was he in the fit shelter bathroom? How long was he in the fit shelter bathroom trying to fit her into this bag? About a couple hours. You mentioned him putting her in garbage bags and then squishing her into a bag like that one. Yes. The duffel bag that he had initially put her in, what happened to that duffel bag? [01:24:37] Kayla Montgomery: He got rid of it. [01:24:39] Speaker 1: Do you know what he did with it? [01:24:41] Kayla Montgomery: I don't know what he did with it. But it was no longer. We didn't have it anymore. [01:24:49] Speaker 1: And was that after the bathroom? Yes. You said that Harmony's body was beginning to smell and that it was horrible. [01:24:59] Kayla Montgomery: Yes. [01:25:00] Speaker 1: Did the defendant take measures to combat that smell? Yes. [01:25:06] Kayla Montgomery: What did he do? That is when he took her down from the ceiling and brought her into the bathroom to put her in the garbage bags and to get her to fit in that bag that's similar to that one. And he asked me to bring the bag to his job. Where was his job at the time? [01:25:46] Speaker 1: Where was he working? [01:25:47] Kayla Montgomery: At Portland Pie in Manchester. [01:25:51] Speaker 1: This is still while you were at the families in transition shelter? [01:25:54] Kayla Montgomery: Yes. [01:25:55] Speaker 1: How long did he work there for? [01:25:56] Kayla Montgomery: Two months. Two months. [01:26:01] Speaker 1: And you said he asked you to bring the bag to him at work? [01:26:06] Kayla Montgomery: Yes. [01:26:07] Speaker 1: Did you obey? [01:26:08] Kayla Montgomery: Yes. [01:26:09] Speaker 1: About how, well, how did you get there from the families in transition shelter to his work? [01:26:17] Kayla Montgomery: I walked. [01:26:18] Speaker 1: And where was the bag at that point? [01:26:21] Kayla Montgomery: In the stroller. [01:26:22] Speaker 1: How long of a walk is that from the shelter to his work at Portland Pie? [01:26:28] Kayla Montgomery: About 10, 15 minutes. [01:26:33] Speaker 1: Was anyone with you during that walk? [01:26:36] Kayla Montgomery: My two kids. [01:26:38] Speaker 1: Why did you obey the defendant when he told you to bring Harmony's body in that bag to his work? [01:26:44] Kayla Montgomery: Because I was scared. [01:26:47] Speaker 1: Are you aware of what he did with her body once you brought it to him? [01:26:57] Kayla Montgomery: Yes. [01:26:58] Speaker 1: What did he do with it? [01:27:01] Kayla Montgomery: He put it... [01:27:02] Speaker 3: Sustained, if you would rephrase the question. [01:27:08] Speaker 1: Your Honor. You said you're aware of what he did with her body at his work at the Portland Pie Pizza Company. How are you aware of what he did with it, Kayla? [01:27:16] Kayla Montgomery: Because you told me that he put her in the freezer. [01:27:20] Speaker 1: Was that the only time, to your knowledge, that he put her in the freezer, or were there more times where he brought her and put her in the freezer? That was my only time. [01:27:27] Speaker ?: I want to go back for just a moment. [01:27:27] Kayla Montgomery: When he was in the bathroom, he said it was for several hours? Yes. Are you aware of him doing anything to clean up in that bathroom? [01:27:30] Speaker ?: Yes. Can you tell the jurors what he did to clean up? He used ammonia to clean up anything that happened in that bathroom. How do you know he used ammonia to clean up anything that happened in that bathroom? How do you know he used ammonia to clean up anything that happened in that bathroom? How do you know he used ammonia to clean up anything that happened in that bathroom? [01:27:35] Speaker 1: How do you know he used ammonia to clean up anything that happened in that bathroom? [01:27:36] Speaker ?: How do you know he used ammonia to clean up anything that happened in that bathroom? How do you know he used ammonia to clean up anything that happened in that bathroom? [01:27:36] Speaker 1: How do you know he used ammonia to clean up anything that happened in that bathroom? Because he specifically bought it. [01:27:38] Speaker ?: How do you know he used ammonia to clean up anything that happened in that bathroom? [01:27:38] Speaker 1: How do you know he used ammonia to clean up anything that happened in that bathroom? [01:27:42] Kayla Montgomery: How do you know he used ammonia to clean up anything that happened in that bathroom? [01:27:59] Speaker 1: How do you know he used ammonia to clean up anything that happened in that bathroom? [01:28:04] Kayla Montgomery: Because he specifically bought it. [01:28:08] Speaker 1: Were you with him when he bought it? [01:28:09] Kayla Montgomery: I don't remember. [01:28:11] Speaker 1: But you remember him using ammonia to clean? Yes. Did he tell you what he believed the ammonia would do? [01:28:19] Kayla Montgomery: It wouldn't show evidence of any blood or fluids. [01:28:24] Speaker 1: And did he tell you at that point why he didn't want evidence to be shown? Why he didn't want anything to be shown down the road? [01:28:33] Kayla Montgomery: So he wouldn't get in trouble? And nobody could find anything? [01:28:42] Speaker 1: Why did he put Harmony in the freezer at the Portland Pie Pizza Company? [01:28:55] Kayla Montgomery: Because he said that if she's in the freezer there wouldn't be any fluids or anything leaking. [01:29:05] Speaker 1: At some point around that time did you get tax returns, your tax refunds? [01:29:19] Kayla Montgomery: Yes. [01:29:20] Speaker 1: Do you remember around when that was? [01:29:22] Kayla Montgomery: March, February or March, I believe, in 2021. [01:29:31] Speaker 1: So I still want to talk about the time you were at the Fit Shelter. Did you eventually leave the Fit Shelter? Yes. And where did you live after the Fit Shelter? [01:29:43] Kayla Montgomery: Union Street in Manchester. [01:29:47] Speaker 1: Do you remember when you moved into Union Street in Manchester? [01:29:50] Speaker ?: Yes. [01:29:50] Speaker 1: What day did you move there? [01:29:52] Kayla Montgomery: February 20th, 2020. [01:29:57] Speaker 1: And did you sign a lease agreement for that apartment? [01:29:59] Kayla Montgomery: Yes. [01:30:00] Speaker 1: Did you list Harmony as a child? No. How about on your tax returns? Did you list Harmony as a child? [01:30:08] Kayla Montgomery: Yes. [01:30:09] Speaker 1: Can you tell the jurors why you did that? [01:30:11] Kayla Montgomery: Because she lived with us for six months or more and Adam told me to leave her on there. [01:30:25] Speaker 1: Did he tell you why he wanted you to leave her on there? [01:30:28] Kayla Montgomery: So that it wouldn't seem, it would just show that we still had her living with us. [01:30:46] Speaker 1: So you moved into your apartment on Union Street on February 20th, is that what you said? Yes. And that's in 2020? [01:30:54] Kayla Montgomery: Yes. [01:30:55] Speaker 1: Where was he keeping Harmony at that point? [01:30:59] Kayla Montgomery: In the refrigerator of our apartment. [01:31:06] Speaker 1: And I asked you earlier, and I think you said he began to discuss dismembering Harmony. Yes. What did he say about dismembering her? [01:31:16] Kayla Montgomery: That he just wanted to put her, and he would put her in pieces to get rid of her. [01:31:41] Speaker 1: And was that at the Union Street apartment? [01:31:44] Kayla Montgomery: Yes. [01:31:45] Speaker 1: That's where that discussion occurred? Yes. Did he ever discuss using tools on Harmony with you? Using tools on her body? [01:31:54] Kayla Montgomery: He said that he was going to try and use a saw. He wanted to use a hand saw. Or a nutribullet. [01:32:14] Speaker 5: And I want to unpack that. And I didn't hear that last word. I'm sorry. [01:32:18] Kayla Montgomery: And a nutribullet? I'm sorry. Nutribullet? Nutribullet. I'm showing you what's been marked as State's Exhibit 63 for identification. [01:32:28] Speaker ?: Yes. Do you recognize the item that's depicted in this exhibit? Yes. Can you tell the jurors what it is? It's a hand saw. It's a hand saw. [01:32:37] Speaker 1: It's a hand saw? Yeah. Do you recognize this hand saw? Yes. When the defendant discussed dismembering Harmony using tools on her. [01:32:42] Kayla Montgomery: Yes. [01:32:43] Speaker 1: Is this a saw that he discussed doing that with? Yes. Is this a saw that he discussed doing that with? [01:32:46] Kayla Montgomery: Yes. [01:32:47] Speaker 1: Is this a hand saw? Yes. [01:32:49] Kayla Montgomery: Is this a saw that he discussed doing that with? Yes. Is this a saw that he discussed doing that with? [01:32:52] Speaker 1: Yes. Is this a saw that he discussed doing that with? Yes. Is this a saw that he discussed doing that with? Yes. Is this a saw that he discussed doing that with? [01:33:01] Speaker ?: Yes. [01:33:02] Speaker 1: Is this a saw that he discussed doing that with? Yes. Is this a saw that he discussed doing that with? [01:33:08] Kayla Montgomery: Yes. [01:33:09] Speaker 1: Is this an accurate representation of that saw as you remember it? Yes. Your Honor, I move to strike ID. Mark is full. States exhibit 63 and published to the jurors. [01:33:21] Speaker 3: Okay. The ID is stricken. It's entered as a full exhibit. [01:33:27] Speaker 1: So this is the saw that he discussed using to dismember Harmony's body? [01:33:32] Kayla Montgomery: Yes. [01:33:34] Speaker 1: That discussion again occurred at the Union Street Department? [01:33:38] Kayla Montgomery: Yes. [01:33:39] Speaker 1: You talked about something else just then. And we barely caught it. You mentioned a neutral bullet? [01:34:00] Kayla Montgomery: Yes. [01:34:01] Speaker 1: Can you tell the jurors what that is? What a neutral bullet is? It's like a blender. [01:34:04] Kayla Montgomery: It's like a blender that you can make smoothies in or any kind of puree, food item. [01:34:18] Speaker 1: What did the defendant say about using a neutral bullet, a blender on Harmony? When we lived on Union Street? [01:34:25] Kayla Montgomery: When we lived on Union Street. [01:34:27] Speaker 1: What did he say about it? [01:34:29] Kayla Montgomery: He said that it would be good to use. It would help get rid of her. [01:34:38] Speaker 1: It would help get rid of Harmony? [01:34:40] Kayla Montgomery: Yes. [01:34:41] Speaker ?: That's what he told you? Yes. I feel I've shown you it's been marked for identification as State's Exhibit 62. Yes. I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. [01:34:44] Speaker 1: I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. [01:34:55] Speaker ?: I feel I've shown you it's been marked for identification as State's Exhibit 62. [01:34:56] Speaker 1: I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I've shown you it's been marked for identification as State's Exhibit 62. [01:35:11] Speaker ?: I feel I've shown you it's been marked for identification as State's Exhibit 62. [01:35:12] Speaker 1: I feel I've shown you it's been marked for identification as State's Exhibit 62. I feel I feel I've shown you it's been marked for identification as State's Exhibit 62. [01:35:15] Speaker ?: I feel I feel I've shown you it's been marked for identification as State's Exhibit 62. [01:35:16] Speaker 1: And what can you tell me about this item? Do you recognize any particular markings on this item? [01:35:25] Kayla Montgomery: The bag of lime on the left side is similar to the one that he had. [01:35:33] Speaker 1: When you say it's similar to the one that he had, who's he? Adam. Who's the he that you're referring to? Adam. And is there a circle around that bag? Yes. And is there writing underneath it? Yes. [01:35:47] Kayla Montgomery: Do you recognize that writing? It's my initials. [01:35:50] Speaker 1: Okay. Is this an accurate representation of the item that you circled and initialed? Yes. Did you write those initials? Yes. Did you circle this item? Yes. Why did you do that? [01:36:02] Kayla Montgomery: To let it be known that that's the item that was similar to the one that he had. [01:36:11] Speaker 1: Your Honor, I move to strike ID and mark is full and publish State's Exhibit 62. [01:36:16] Speaker 3: Any objections? No, you're not. The ID is stricken. It's entered as a full exhibit and it may be published. [01:36:21] Speaker 1: Kayla, who were you with when you circled this bag of wine? [01:36:26] Kayla Montgomery: Detective Dunleavy and Riley. [01:36:37] Speaker 1: Is that Max Redhill? Yeah, that one. [01:36:40] Kayla Montgomery: Another detective? Yeah. [01:36:42] Speaker 1: So you're with law enforcement? Yes. [01:36:44] Kayla Montgomery: And they asked you if you could identify. [01:36:49] Speaker ?: Have you seen? I'm sorry. [01:36:51] Speaker 1: Objection. Sustained. Have you seen a bag of wine in your Union Street department? [01:36:54] Speaker ?: Yes. [01:36:55] Speaker 3: Where was that bag of wine located in your Union Street department? In the bathroom. [01:37:00] Speaker ?: Do you know how that bag of wine got there? [01:37:00] Speaker 3: No. Did you buy that bag of wine? [01:37:02] Speaker ?: No. [01:37:03] Speaker 1: No. Did you buy that bag of wine? [01:37:05] Speaker ?: No. [01:37:05] Speaker 1: No. No. [01:37:07] Kayla Montgomery: No. [01:37:08] Speaker 1: No. [01:37:09] Speaker ?: When you saw that bag of wine in the bathroom of Union Street department? [01:37:09] Speaker 1: Where was that bag of wine located in your Union Street department? [01:37:12] Kayla Montgomery: In the bathroom. [01:37:13] Speaker 1: Do you know how that bag of wine got there? [01:37:18] Kayla Montgomery: No. [01:37:19] Speaker 1: Did you buy that bag of wine? [01:37:21] Kayla Montgomery: No. [01:37:22] Speaker 1: When you saw that bag of lime in the bathroom of Union Street, what was going on in that bathroom at the time? [01:37:43] Kayla Montgomery: Adam was trying to de-thaw her body. [01:37:51] Speaker 1: When you say Adam was trying to de-thaw her body, what was he doing specifically? [01:37:59] Kayla Montgomery: Taking the clothes off of her and putting her in the bag of lime. [01:38:15] Speaker 1: And when he was trying to de-thaw her body, where was Harmony's body at the time? [01:38:21] Kayla Montgomery: In the bathtub. [01:38:27] Speaker 1: And that's when you saw the bag of lime? [01:38:29] Kayla Montgomery: Yes. [01:38:30] Speaker 1: Did you see Harmony's body in the bathtub? [01:38:33] Kayla Montgomery: Yes. [01:38:36] Speaker 1: I want you to tell the jurors what you saw of her body in that bathtub. [01:38:41] Kayla Montgomery: I saw Harmony in the bathtub still folded together the same way that she was left in the bag when we took her out of the car. And she just looked like she had just barely any skin. Like, she was just a layer of skin and bone. And she was all bruised up. And what was the defendant doing to de-thaw her? [01:39:25] Speaker 1: And what was the defendant doing to de-thaw her? [01:39:33] Kayla Montgomery: He had the hot water running from the shower. [01:39:41] Speaker 1: And where was the hot water running in the shower? [01:39:45] Kayla Montgomery: In the bathroom. [01:39:47] Speaker 1: Where was the hot water running in relation to Harmony's body? [01:39:51] Kayla Montgomery: The Union Street apartment. [01:39:55] Speaker 1: Harmony's body, where was it in the Union Street apartment? [01:39:59] Kayla Montgomery: In the tub. [01:40:02] Speaker 1: Was the hot water touching her? [01:40:04] Kayla Montgomery: Yes. [01:40:06] Speaker 1: He was running it over her? [01:40:08] Kayla Montgomery: Yes. [01:40:11] Speaker 1: And what was he doing to Harmony's body during this process? [01:40:17] Kayla Montgomery: Taking the clothes off of her. [01:40:21] Speaker 1: Was he touching her at all during that process? [01:40:24] Kayla Montgomery: Yes. [01:40:25] Speaker 1: Tell us how he was touching her. [01:40:29] Kayla Montgomery: He was cutting the clothes off of her and just de-thawing her. [01:40:50] Speaker 1: Did he tell you to help him at some point? [01:40:52] Taylor: Yes. [01:40:54] Speaker 1: Did you obey him? [01:40:56] Kayla Montgomery: Yes. [01:40:57] Speaker 1: Why? [01:40:59] Kayla Montgomery: Because I was scared. [01:41:02] Speaker 1: How did you help him? [01:41:05] Taylor: I helped him take the clothes off of her. [01:41:12] Speaker 1: How did he take the clothes off of her? [01:41:15] Taylor: By cutting it with scissors. [01:41:19] Speaker 1: What did he do with her body after he cut the clothes off of her? [01:41:27] Kayla Montgomery: Put her in the bag of lime. [01:41:34] Speaker 1: You mentioned these clothes. What clothes was she wearing when you put her into that tub? [01:41:42] Kayla Montgomery: Did you leave that bathroom at some point while he was in there? Yeah. [01:42:12] Speaker 1: Why? Why did you leave the bathroom? [01:42:15] Kayla Montgomery: Because I needed to check on the kids and I couldn't be in there anymore. [01:42:21] Speaker 1: And let's talk about that. What do you mean you couldn't be in there anymore? [01:42:25] Kayla Montgomery: Because I couldn't handle it. I didn't want to see anything. [01:42:35] Speaker 1: How long was he in the bathroom for that day? How long was he in the bathroom for that day? A few hours. And that was with Harmony's body? [01:42:43] Kayla Montgomery: Yes. [01:42:45] Speaker 1: At some point did he close the door to the bathroom? [01:42:48] Kayla Montgomery: Yes. [01:42:49] Speaker 1: Were you able to hear what he was doing in there? [01:42:52] Kayla Montgomery: No. [01:42:53] Speaker 1: Were you able to... Why weren't you able to hear what he was doing in there? [01:42:58] Kayla Montgomery: Because our neighbor next door always had loud music playing. And I couldn't tell what noises were happening. [01:43:13] Speaker 1: You mentioned the shower being on earlier. Yes. Did that shower stay on after you left the bathroom? It was on when I left the bathroom, yes. And did it stay on? Did he leave it on? [01:43:26] Kayla Montgomery: Yes. [01:43:29] Speaker 1: Did he take breaks from what he was doing in the bathroom at any point? [01:43:34] Kayla Montgomery: No. [01:43:35] Speaker 1: Did he leave the bathroom at any point? No. How many bags did you see in the bathroom with him? [01:43:45] Kayla Montgomery: Three. [01:43:48] Speaker 1: And what was happening with each of those bags? He had lime in the bags. So one of the bags was a bag of lime? Yes. Was it a large bag or a small bag? [01:44:04] Kayla Montgomery: The bags that he was putting them in were large trash bags. [01:44:08] Speaker 1: The bag that contained the lime, was that a large bag or a small bag? It was a large bag. A large bag of lime? [01:44:15] Kayla Montgomery: Yes. [01:44:17] Speaker 1: You said that he was putting that lime into a bag. [01:44:20] Kayla Montgomery: Yes. [01:44:20] Speaker 1: Was there anything else in the bag when he was putting the lime in? [01:44:24] Kayla Montgomery: No. [01:44:27] Speaker 1: Did you see Harmony's body go into the bag? [01:44:30] Kayla Montgomery: No. [01:44:32] Speaker 1: What happened to Harmony's body after it was in the bathtub? [01:44:39] Kayla Montgomery: He, it was in the CMC bag. [01:44:42] Speaker 1: What did he do with the CMC bag? [01:44:46] Kayla Montgomery: Put Harmony in it. [01:44:47] Speaker 1: What did he do with the lime that was in the bathroom? [01:44:50] Kayla Montgomery: It was in the big trash bags. [01:44:56] Speaker 1: The lime was in the lime was in the big trash bags? [01:44:58] Kayla Montgomery: Well, I know he put the lime in the trash bags, but I didn't see that bag after. [01:45:04] Speaker 1: Which bag did you not see after that? [01:45:05] Kayla Montgomery: The lime bag. [01:45:08] Speaker 1: Did he also add lime to the CMC bag? Yes. Was he talking to you during this process? [01:45:15] Kayla Montgomery: No. [01:45:16] Speaker 1: He was working? [01:45:18] Kayla Montgomery: Yeah. [01:45:24] Speaker 1: At any point, did you see him remove Harmony's body from the bathtub? [01:45:28] Kayla Montgomery: No. [01:45:32] Speaker 1: You mentioned earlier that he put Harmony's body back into the CMC bag. [01:45:37] Kayla Montgomery: Yes. [01:45:38] Speaker 1: How do you know that he did that? [01:45:40] Kayla Montgomery: Because he put the bag back in the freezer after. [01:45:47] Speaker 1: You mentioned garbage bags. Yes. What was he doing with the garbage bags in that bathroom? [01:45:53] Kayla Montgomery: He had the big garbage bags put in the CMC bag and had the lime in the bag. [01:46:02] Speaker 1: And that clothing that you mentioned, you used scissors to cut off her clothing? Yes. What happened to her clothing? What happened to Harmony's clothes? It was put in a trash bag. Was anything else put into that trash bag with her, or with the clothes? Not that I, or the duffel bag. So you saw the duffel bag again after the fit shelter? Yes. That trash bag that the duffel bag went into, that the clothes went into, what happened to that trash bag? I don't know. Did the defendant tell you what he planned to do with that trash bag? [01:46:42] Kayla Montgomery: Throw him away. [01:46:43] Speaker 1: Did he tell you specifically where he was going to throw it away? [01:46:47] Kayla Montgomery: He just said he wasn't going to leave him in our trash area. He was going to bring him somewhere. [01:46:53] Speaker 1: Did he say why he wasn't going to leave them in his, in your trash? So that there is no evidence. Do you recall telling investigators that when you saw Harmony in the bathtub, the defendant was squishing the liquids out of her? [01:47:22] Kayla Montgomery: No. [01:47:27] Speaker 1: You mentioned earlier the defendant talked about dismembering Harmony. [01:47:32] Kayla Montgomery: Yes. [01:47:33] Speaker 1: Did he do that in the bathroom? [01:47:35] Kayla Montgomery: I don't know. [01:47:40] Speaker 1: That conversation about dismembering Harmony, conversation about using the tools, how close in time was that to the steps, the actions the defendant took in the bathroom? [01:47:54] Kayla Montgomery: Well, I know that the conversation with the tool happened when I lived with my mother. We were staying at my mother's house. And by the time that he, by the time that he was trying to, I don't even know what he did, but it was a few months after. [01:48:22] Speaker 1: You mentioned earlier that the defendant squished Harmony at the fit shelter. He squished Harmony into that CMC bag. Yes. He said that, that her body filled that bag. Yes. How was he able to add lime to that bag if it was full of Harmony's body? I don't know. You don't know what he did in that bathroom? [01:48:46] Kayla Montgomery: No. [01:48:52] Speaker 1: And I believe you said this already, but what did he do with the bag, the CMC bag, after he was done in the bathroom? [01:49:05] Kayla Montgomery: He put it in the freezer. [01:49:15] Speaker 1: Did the defendant ultimately dispose of what remained of Harmony's body? I don't know. Did he get rid of her body? [01:49:27] Kayla Montgomery: Not then. [01:49:29] Speaker 1: At some point? [01:49:30] Kayla Montgomery: Yes. [01:49:31] Speaker 1: And so I want to turn your attention to that. At some point, did he have a conversation with you about getting rid of that CMC bag, of getting rid of Harmony's body? [01:49:41] Kayla Montgomery: Yes. [01:49:43] Speaker 1: And can you tell the jurors what that conversation involved, what he said? [01:49:47] Kayla Montgomery: He said that he wanted to get rid of her body soon because he was scared that if anything ever happened, he was scared of what would happen to him and me and the kids. [01:50:12] Speaker 1: And what steps did the defendant take to get rid of that CMC bag that had Harmony's body in it? [01:50:20] Kayla Montgomery: He got in touch with an old friend of his. [01:50:26] Speaker 1: Do you remember that old friend's name? [01:50:29] Kayla Montgomery: Beach. Travis Beach. [01:50:37] Speaker 1: Did you know Travis Beach at the time? [01:50:40] Kayla Montgomery: No. [01:50:41] Speaker 1: Had you met him before? [01:50:42] Kayla Montgomery: No. [01:50:44] Speaker 1: Do you know how the defendant got in touch with Travis Beach? [01:50:48] Kayla Montgomery: I don't know who reached out to who, but I knew it was about selling a gun. [01:50:56] Speaker 1: And did Travis Beach ever come to your apartment? [01:51:00] Kayla Montgomery: Yes. [01:51:01] Speaker 1: Did he come to your apartment with a female? [01:51:04] Kayla Montgomery: Yes. [01:51:05] Speaker 1: Do you know that female's name? [01:51:07] Kayla Montgomery: Brittany. [01:51:08] Speaker 1: And is that Brittany Bedard? [01:51:11] Kayla Montgomery: Yes. [01:51:12] Speaker 3: Your Honor, may I be referred? Yes. You may proceed. [01:51:21] Speaker ?: You may proceed. [01:51:21] Speaker 1: Ms. Montgomery, you mentioned a Brittany coming to your house. Do you recognize the person that's depicted in this image? And I should say for the record, I'm showing Kayla what's been marked for identification as State's Exhibit 55. [01:52:06] Kayla Montgomery: That's Declan. [01:52:08] Speaker 1: Do you recognize the individual in this image? Yeah. And you said it's Declan? [01:52:13] Kayla Montgomery: Yes. [01:52:13] Speaker 1: Who is Declan to you? [01:52:15] Kayla Montgomery: My son. [01:52:23] Speaker 1: Did Brittany, did she stay at your house for very long? A couple days. Okay. And at some point after Travis Beach, Brittany Bedard arrived at your home on Union Street, did you go to a hotel with them? [01:52:37] Kayla Montgomery: Yes. [01:52:39] Speaker 1: At some point after they came to your house that day, when you went to that hotel with them, did you become aware of a U-Haul? [01:52:52] Kayla Montgomery: Yes. [01:52:53] Speaker 1: And what was the purpose of this U-Haul? [01:52:57] Kayla Montgomery: So that Adam can use it to dispose of Harmony's body. [01:53:07] Speaker 1: Do you remember the name of the hotel that you stayed at? [01:53:11] Kayla Montgomery: The Econilodge. [01:53:14] Speaker 1: And you mentioned not having an ID, not having a license. Whose name was that Econilodge room under? [01:53:23] Kayla Montgomery: Brittany. [01:53:27] Speaker 1: Did they stay at the Econilodge with you? [01:53:30] Kayla Montgomery: Yes. [01:53:31] Speaker 1: And were they in the same room as you or a separate room or something else? [01:53:34] Kayla Montgomery: Separate room. [01:53:37] Speaker 1: When did you first become aware of the U-Haul? [01:53:43] Kayla Montgomery: Adam had talked to me about having her rent a U-Haul to use. [01:53:53] Speaker 1: Did Adam tell you why he wanted her to rent a U-Haul to use? [01:53:57] Kayla Montgomery: Because she has a license. And to have it in somebody else's name. [01:54:03] Speaker 1: Why did he want that U-Haul rental in someone else's name? [01:54:08] Kayla Montgomery: So that they can't prove that Adam rented it. [01:54:18] Speaker 1: Did you see the U-Haul rental at any point? [01:54:21] Kayla Montgomery: Yes. [01:54:22] Speaker 1: Can you describe the U-Haul rental for the jurors? [01:54:25] Kayla Montgomery: The U-Haul U-Haul was a van. Like a van that people that do painting would use. [01:54:44] Speaker 1: So it was a rental van? [01:54:46] Kayla Montgomery: Yes. [01:54:48] Speaker 1: And I want to back up for just a moment. You said you were at the Econilodge Hotel. Was Harmony's body with you in that hotel? [01:54:57] Kayla Montgomery: Yes. [01:54:57] Speaker 1: Where was that body? Where was Harmony being stored? [01:55:01] Kayla Montgomery: In the fridge. [01:55:09] Speaker 1: Did the defendant tell you where he planned to dump Harmony's body? [01:55:15] Kayla Montgomery: No. [01:55:17] Speaker 1: Did he leave with a rental van at some point? [01:55:20] Kayla Montgomery: Yes. [01:55:20] Speaker 1: Did he leave with the CMC bag at the same time? [01:55:23] Kayla Montgomery: Yes. [01:55:24] Speaker 1: When did he leave? [01:55:26] Kayla Montgomery: It was in the middle of the night. [01:55:28] Speaker 1: Did he say anything to you before he left? [01:55:32] Kayla Montgomery: No. [01:55:33] Speaker 1: Did he tell you what he was doing? [01:55:35] Kayla Montgomery: No, but I already knew what he was doing. [01:55:38] Speaker 1: And that's because he told you before? [01:55:41] Kayla Montgomery: Yes. [01:55:43] Speaker 1: Did he tell you specifically why he wasn't telling you where he was going, where he was dumping Harmony? [01:55:49] Kayla Montgomery: Yes. [01:55:50] Speaker 1: Tell the jurors what he told you. [01:55:53] Kayla Montgomery: He said he wasn't telling me where he was bringing her so that if anything like this happened and the cops got involved that I wouldn't be able to tell. I wouldn't know where she is so I couldn't tell anybody where she is. Only he would know. [01:56:10] Speaker 1: Kayla, where is Harmony's body? [01:56:12] Kayla Montgomery: I don't know. [01:56:16] Speaker 1: Kayla, where did he dump Harmony? [01:56:19] Kayla Montgomery: I don't know. [01:56:24] Speaker 1: Did he return to the hotel room? [01:56:27] Kayla Montgomery: Yes. [01:56:28] Speaker 1: And when did he return? [01:56:30] Kayla Montgomery: It was like right before the sun came out. [01:56:34] Speaker 1: Did he say anything to you when he returned? [01:56:37] Kayla Montgomery: That he got rid of her. [01:56:40] Speaker 1: That CMC bag? The one that he squished Harmony into? [01:56:43] Kayla Montgomery: Yes. [01:56:44] Speaker 1: Was it still with him? [01:56:46] Kayla Montgomery: No. [01:56:46] Speaker 1: I want to switch gears, Kayla. I told you we'd get back to this, but I want to talk about the time that you were living in the fit shelter, the time you were living in your apartment on Union Street. At some point during that time frame, early 2020, did the defendant begin to suspect that you were informing on him? [01:57:21] Kayla Montgomery: Yes. [01:57:25] Speaker 1: Did he suspect that you were informing on him about Harmony? [01:57:31] Speaker 3: Sustained. [01:57:32] Speaker 1: I'll rephrase. Thank you. What did he suspect that you were informing on him about? [01:57:38] Kayla Montgomery: About killing Harmony. [01:57:43] Speaker 1: And what did he do because of those suspicions? [01:57:47] Kayla Montgomery: He started abusing me. [01:57:50] Speaker 1: I want to unpack that abuse. And he told the jurors what he did, what he did to you. [01:57:57] Kayla Montgomery: When he would accuse me of talking to police or detectives, he would ask me if I was telling. And I would say no. And he would say just to tell him the truth. And I wouldn't agree saying that I did. And then I, because he would end up hitting me and I finally said that I did, even though I didn't, but you still hurt me anyway. [01:58:27] Speaker 1: You said that he, he ended up hitting you. He would still hurt me anyway. [01:58:31] Kayla Montgomery: Yes. [01:58:32] Speaker 1: How did he hurt you, Kayla? [01:58:34] Kayla Montgomery: By punching me. [01:58:35] Speaker 1: Where did he punch you? [01:58:37] Kayla Montgomery: In the head. [01:58:39] Speaker 1: What did he punch you with, Kayla? [01:58:41] Taylor: His hands. [01:58:43] Speaker 1: Open hand, closed fists, something else? Both. How often did this happen to you? How often did he do this? [01:58:54] Kayla Montgomery: Constantly. It just kept happening. [01:59:00] Speaker 1: What was it like living with him back then, Kayla? [01:59:06] Kayla Montgomery: It was definitely not good. [01:59:25] Speaker 1: Do you recognize what's depicted in states, what's marked as States Exhibit 99, Kayla? [01:59:31] Kayla Montgomery: Yes, it's me with two black eyes. [01:59:36] Speaker 1: Is that a fair and accurate representation of you on that day? [01:59:41] Kayla Montgomery: Yes. [01:59:42] Speaker 1: Do you remember what day this was? [01:59:45] Kayla Montgomery: March 17th. [01:59:47] Speaker 1: Is that of 2020 or 2021? [01:59:50] Kayla Montgomery: 2021. [01:59:53] Speaker 1: Karen, I moved to strike the ID Mark is full and published to the jury States Exhibit 99. [01:59:59] Speaker 3: Any objection? No, I'm kidding. All right. The ID is stricken. It is entered as a full exhibit. It may be published to the jury. [02:00:06] Speaker 1: Kayla, you said that the abuse started in early 2020. [02:00:13] Kayla Montgomery: Yes. [02:00:13] Speaker 1: You said that this photo was taken in March of 2021. [02:00:19] Kayla Montgomery: Yes. [02:00:19] Speaker 1: You also said that this was a regular occurrence. [02:00:24] Kayla Montgomery: Yes. [02:00:29] Speaker 1: From the time that the abuse began until you took this photograph, was it consistent with the defendant? Was he consistently accusing you? [02:00:40] Kayla Montgomery: Yes. [02:00:41] Speaker 1: Was he consistently hitting you? [02:00:43] Kayla Montgomery: Yes. [02:00:43] Speaker 1: Was he doing things to items in your house? [02:00:50] Taylor: Yes. [02:00:51] Speaker 1: What was he doing to the items in your house? [02:00:54] Taylor: Destroying everything. Breaking a lot of stuff. [02:00:59] Speaker 1: Why was he breaking things, Kayla? [02:01:02] Kayla Montgomery: Because he thought that there was microphones in the house. And I was telling on him. I thought there was cameras. [02:01:15] Speaker 1: You said that he would hit you, that he would hurt you. Did he also threaten you? [02:01:22] Kayla Montgomery: Yes. [02:01:24] Speaker 1: Tell the jurors what he said would happen to you. [02:01:28] Kayla Montgomery: He said that he would be able to contact his family member, his uncle Kevin, and have him kill me and cut me in pieces and nobody would be able to find me. [02:01:47] Speaker 1: Did he say why that would happen? Why he would have that done? [02:01:51] Kayla Montgomery: If I'm telling. If I ended up telling on him. Telling on him about what? About Harmony being murdered. [02:02:07] Speaker 1: What else did the defendant do when he suspected that you were working with the police? He was very abusive. During one of those incidents, do you recall trying to call someone for help? Trying to get help? [02:02:33] Kayla Montgomery: Yes. [02:02:34] Speaker 1: And, Kayla, let me ask you this. Do you know someone named Roseanne Smith? [02:02:38] Kayla Montgomery: Yes. [02:02:39] Speaker 1: Who is Roseanne Smith to you? [02:02:41] Kayla Montgomery: She was, um, the public transportation for the ride to the clinic. [02:02:53] Speaker 1: I want you to tell the jurors about an incident involving Mrs. Smith. [02:02:59] Kayla Montgomery: I was going to the methadone clinic and I left without him while he was sleeping because he would tell me we're not going, even when our ride showed up. But I ended up going while he was sleeping. And I went to, I was getting dropped off and I had a black eye and Rose saw my black eye and I asked her if I could use her phone to call somebody so I could call my mom or somebody to help me. [02:03:34] Taylor: And he saw that, and he saw that I was using her phone and he came and ripped it out of my and her hand. [02:03:41] Kayla Montgomery: I was handing her back the phone and he ripped it out of her hand and asked who I was calling. And he was being very aggressive. [02:03:58] Speaker 1: And you were trying to call for help? [02:04:00] Taylor: Yeah. [02:04:02] Speaker 1: Do you know someone named Tara Hilbert? [02:04:05] Taylor: Yes. [02:04:06] Speaker 1: Tell the jurors about an incident involving Ms. Hilbert. [02:04:15] Kayla Montgomery: Adam would tell me that I couldn't leave the house and I ended up leaving and running out of the house. [02:04:24] Taylor: And I had my daughter in my arms and I ran to Tara's apartment, which was right next door and asked her if she could call my mom. And then Adam came out and followed me and put me in a chokehold and said to tell her to not call my mom. Don't make that phone call or else he's going to hurt me. [02:04:53] Speaker 1: Kayla, why couldn't you leave the house? [02:04:56] Taylor: Because he thought that I was trying to tell on him. [02:05:01] Speaker 1: And let me ask you this, Dayla. When you left the house, were your two small sons still in the house with him? [02:05:09] Taylor: Yes. [02:05:10] Speaker 1: Why did you only take your daughter? [02:05:12] Taylor: Because she was in my arms. I was already feeding her and I just ran. I just ran out to find help and I could go back and get the kids. [02:05:26] Speaker 1: The image that I showed you, you described having bruising black eyes. Yeah. Does that day stand out to you, Dayla? Yes. Why does it stand out to you? [02:05:37] Taylor: Because that's the day that I took the kids and left. [02:05:43] Speaker 1: Are you still married to the defendant? [02:05:46] Taylor: Yes. [02:05:47] Speaker 1: When did you get married to him? [02:05:49] Taylor: On Harmony's birthday. In 2017. [02:05:56] Speaker 1: Do you remember that day, Harmony's birthday? [02:05:58] Taylor: Yes. [02:05:59] Speaker 1: What day was it? [02:06:01] Kayla Montgomery: It was June 7th. [02:06:11] Speaker 1: And can you tell us that date again that you left him? [02:06:14] Kayla Montgomery: It was March 17th, 2021. [02:06:25] Speaker 1: Are you aware of whether or not he began a relationship with another individual after you left him? [02:06:32] Kayla Montgomery: No. [02:06:33] Speaker 1: Do you know someone named Kelsey Small? [02:06:35] Kayla Montgomery: Yeah. [02:06:39] Speaker 1: Did you ever meet Kelsey Small? [02:06:41] Kayla Montgomery: Yes. [02:06:45] Speaker 1: Did officers in December of 2021 contact you regarding Harmony being missing? [02:06:52] Kayla Montgomery: Yes. [02:06:54] Speaker 1: And you mentioned a lie earlier. Did you stick to that lie? [02:06:58] Kayla Montgomery: Yes. [02:06:59] Speaker 1: I want you to tell the jurors why you stuck to that lie. [02:07:03] Kayla Montgomery: Because Adam told me to just stay saying that lie. [02:07:12] Speaker 1: And so when they contacted you in December of 2021, you gave them that lie? [02:07:18] Taylor: Yes. [02:07:19] Speaker 1: And after they left you, did you contact Adam? [02:07:22] Taylor: Yes. [02:07:24] Speaker 1: What did he say when you contacted him? [02:07:27] Kayla Montgomery: He said not to say anything and to say I want a lawyer and don't tell them where he is. [02:07:38] Speaker 1: Where was he at the time? [02:07:40] Kayla Montgomery: In Maine. [02:07:41] Speaker 1: And did you tell him to get back here? [02:07:44] Kayla Montgomery: Yes. [02:07:55] Speaker 1: Kayla, do you remember where you were on December 30th, 2021? [02:08:00] Kayla Montgomery: I was at the family shelter. [02:08:07] Speaker 1: Do you remember going to a Walmart that day? [02:08:11] Kayla Montgomery: Yes. [02:08:22] Speaker 1: Kayla, I'm showing you what's been marked as State's Exhibit 65 for identification. [02:08:28] Kayla Montgomery: Yeah. [02:08:28] Speaker 1: Do you recognize the individuals that are depicted in that image? [02:08:32] Kayla Montgomery: It's Kelsey, Adam, and myself. [02:08:37] Speaker 1: And can you point to Adam on that image? Is this a fair and accurate representation of you, Kelsey, and Adam at the Walmart on December 30th of 2021? [02:08:50] Kayla Montgomery: Yes. [02:08:51] Speaker 1: Your Honor, I move to strike ID in Marcus Bull State's Exhibit 65. [02:08:56] Speaker 3: Any objection? No objection. The ID is stricken. It's entered as a full exhibit. It may be published to the jury. [02:09:01] Speaker 1: And you said you pointed here? Yes. That's Adam? [02:09:04] Speaker 3: Yes. Yes. [02:09:21] Speaker ?: I'm showing you what's been marked for identification of State's Exhibit 90. [02:09:30] Speaker 1: Okay, I'm showing you what's been marked for identification of State's Exhibit 90. I'm just going to ask that you look at each page and turn. Do you recognize the individuals depicted in these images? [02:09:57] Kayla Montgomery: Yes. It's Kelsey and me. [02:10:01] Speaker 1: I'm sorry, say that again? [02:10:02] Kayla Montgomery: Kelsey and me. [02:10:03] Speaker 1: Do you see the defendant anywhere in these images? That's not him. No. So it's Kelsey and you? Yeah. Again, is this the images that are depicted here accurate representations of you and Kelsey that day? Yes. [02:10:36] Kayla Montgomery: What did you go to the Walmart to do? To trade phones in for money. Do you remember how many phones you traded in? Like three or more. Whose phones did you trade in? Mine and Adam's and I don't know who else. [02:11:06] Speaker 1: And can you remind us who were you with at the Walmart that day? It was myself, Kelsey, and Adam. Kayla, we spoke earlier about your convictions. Yes. Was that actually part of a plea agreement that you entered into? Yes. The testimony that you've provided today. What is your testimony based on? [02:11:46] Kayla Montgomery: Actually being there. Is it based on the truth? Yes. [02:11:57] Speaker 1: At some point you were charged with perjury and we talked about that earlier, but after that charge, did you agree to proffer information to provide information to the state? [02:12:07] Kayla Montgomery: Yes. [02:12:16] Speaker 1: What was the sentence that you received for your charges, your perjury charges? [02:12:21] Kayla Montgomery: I got a three and a half to seven suspended and then I got a three and a half to seven with one and a half off my minimum. [02:12:34] Speaker 1: And what portion of that prison sentence are you currently fulfilling today? [02:12:39] Kayla Montgomery: My minimum. [02:12:42] Speaker 1: What's the suspended portion of your sentence as a whole? Other than the sentence conditions and your cooperation agreement with the state, are there additional conditions that you have to follow right now? [02:12:59] Kayla Montgomery: To tell the truth. To tell the truth. [02:13:01] Speaker 1: What happens if you breach that agreement? What happens if you violate that agreement? [02:13:05] Kayla Montgomery: Then I get charged with whatever you guys decide to charge me with, with all my charges that got dropped and whatever else. [02:13:18] Speaker 1: Okay, look, what's the primary, what's your primary obligation under that agreement? [02:13:23] Kayla Montgomery: To tell the truth. [02:13:28] Speaker 1: And I want to follow up just briefly with a few of the things that you've said. You testified earlier that the defendant told you he hit Harmony back in July of 2019. [02:13:43] Kayla Montgomery: Yes. [02:13:44] Speaker 1: You said that he gave Harmony a black eye that day. [02:13:48] Kayla Montgomery: Yes. [02:13:50] Speaker 1: You said that he murdered Harmony on December 7th, that you witnessed him murder Harmony on December 7th, 2019. [02:13:56] Kayla Montgomery: Yes. [02:13:57] Speaker 1: You said that you saw him carry Harmony's body for months and compressing her, squishing her into a bag. [02:14:04] Kayla Montgomery: Yes. [02:14:06] Speaker 1: You said that after months of carrying her, he ultimately disposed of Harmony's body. Yes. I'm going to ask you if you're able to identify the person that you've said did those things. Kayla, I'm showing you what's been published at State's Exhibit 101. Do you recognize the individual that's depicted in this image? [02:14:36] Kayla Montgomery: Yes. [02:14:36] Speaker 1: Who is that? [02:14:37] Kayla Montgomery: Adam Montgomery. [02:14:38] Speaker 1: Is that the Adam Montgomery that you referred to as abusing you for those months and months? [02:14:45] Kayla Montgomery: Yes. [02:14:45] Speaker 1: The same one that you said gave Harmony a black eye, confessed to giving Harmony a black eye. [02:14:51] Kayla Montgomery: Yes. [02:14:52] Speaker 1: The same one that beat Harmony to death, that murdered her in the Sebring. [02:14:56] Kayla Montgomery: Yes. [02:14:59] Speaker 1: Taylor, at any point, did you pull Harmony out of the Sebring and stuff her into that duffel bag? [02:15:10] Kayla Montgomery: No. [02:15:11] Speaker 1: At any point, did you fold her in half as you described the defendant doing? [02:15:17] Kayla Montgomery: No. [02:15:20] Speaker 1: Did you take her and put her in the ceiling of your room at the fit shelter? [02:15:31] Kayla Montgomery: No. [02:15:34] Speaker 1: Did you smush her into a CMC bag like the one I showed you earlier? [02:15:39] Kayla Montgomery: No. [02:15:40] Speaker 1: Did you compress her further and add lime to her in the bathroom of your Union Street apartment? [02:15:45] Kayla Montgomery: No. [02:15:49] Speaker 1: Did you put her in a U-Haul van and dump her somewhere? [02:15:54] Kayla Montgomery: No. [02:15:55] Speaker 1: Who did those things, Kayla? [02:15:56] Kayla Montgomery: Adam Montgomery. Okay. [02:15:58] Speaker ?: Okay. [02:16:04] Speaker 1: At any point, when you were living in that vehicle, after you'd been evicted, were you ever alone with Harmony? [02:16:13] Kayla Montgomery: No. [02:16:14] Speaker 1: Why not? [02:16:15] Kayla Montgomery: Because there was, we were just always in the car. [02:16:21] Speaker 1: Kayla, I want you to look at these jurors. Kayla, did you kill Harmony? [02:16:34] Kayla Montgomery: No, I did not. [02:16:36] Speaker 1: Did you beat her to death? [02:16:38] Kayla Montgomery: No, I did not. [02:16:39] Speaker 1: Were you alone with her when she died? [02:16:42] Kayla Montgomery: No, I was not. [02:16:52] Speaker 1: If I could have just a moment. [02:16:59] Speaker 6: I said at the end, and make sure I understand, I think you said that you were never alone with Harmony once you were evicted? Right. And I think you said pretty much the whole family unit stayed in the car? Yes. And that was from the time that you were evicted? Yes. And I think you also said something about from the time that you were evicted, every time you were in public, Harmony had to be under a cover. Yes. Okay. And you talked about an accident that was on November 29? Yes. And that's the day after Thanksgiving? Yes. A couple of days after you got evicted? Yes. And after that, on the same day of that accident, you actually went with the family to your mother's house? Yes. And so you, Harmony, Declan, and Seamus are there with your mother and her boyfriend and Adam? Yes. You were not in the car at that time? [02:18:05] Kayla Montgomery: No, we were inside the apartment. [02:18:06] Speaker 6: And Harmony was not under a blanket? No. And on December, what is it? Second. You and Adam got in another bit of a fender bender, right? Yes. And that was out near Market Street, right? Yes. And the kids were not in the car that time, right? I don't remember. You don't remember that they were not in the car? I don't remember if they were in the car or not. Okay. So do you remember talking to the police about that traffic accident? Yes. And telling them that you thought that Harmony was being babysat by Tabitha Scott? Yes. Because Harmony and Declan and Seamus were not in the car that accident, right? From when I was being told, asking to remember that. [02:19:21] Kayla Montgomery: I beg your pardon? I was being asked that question before. Uh-huh. And I said maybe they were being babysat by Tabitha. Because I didn't remember if they were in the car or not. [02:19:32] Speaker 6: Okay. You couldn't remember who might be babysitting them, either your mother or Tabitha, right? Right. Because I don't remember not having them in the car. Okay. If I showed you a copy of the police report on that accident, would that help refresh your recollection of whether or not the kids were in the car? Yes. [02:19:58] Speaker ?: Yes. Yes. Yes. [02:20:19] Speaker 6: I'll show you a copy of the report. It's four pages. And you can read anything you want to refresh your recollection. But I would start, perhaps, there, that talks about the gist of the accident. [02:20:36] Speaker ?: I'll show you a copy of the death of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. [02:21:02] Speaker 6: I'll show you a copy of the accident. I'll show you a copy of the accident. [02:21:04] Speaker ?: I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. I'll show you a copy of the accident. [02:21:39] Speaker 6: Okay. Does that refresh your recollection about whether the kids were in the car? No. It doesn't? [02:21:48] Kayla Montgomery: No. [02:21:49] Speaker 6: Okay. I'm going to ask you about that conversation with the police. You recall the accident? Yes. And you recall that it was near Market Street? Yes. And you recall that accident when you were talking to the police, correct? Yes. And I have a copy of that. We'll go back a little bit. You had a conversation with the police June 3rd. You recall that? [02:22:24] Kayla Montgomery: Of what year? [02:22:26] Speaker 6: I'm sorry, 2022. Yes. And during that conversation, the police asked you about that accident, right? Yes. And when they asked you about the accident, they suggested that with it being at Market Street in the morning, you had probably just gone to the clinic, right? Yes. And they asked you where the kids were, right? [02:22:53] Speaker ?: Yes. [02:22:53] Speaker 6: And you said, "I think Tabby was watching them." I think. I'm not 100% sure, but I think. I don't remember if it was her or my mom, but I don't know because I wasn't really at my mom's house yet because we went on the 11th. Yes. [02:23:08] Speaker ?: Okay. Okay. [02:23:08] Speaker 6: So when they asked where the kids were, you thought that they were being babysat by Tabitha, perhaps your mother. Yes. Okay. Okay. So I'm going to start with actually probably this investigation. And you were contacted by police, um, sorry, a little mixed up, but you were contacted by police in December of 2021, right? Yes. But there had actually been information in the media about, uh, looking for Harmony Montgomery, right? Yes. And you had actually seen things in the newspaper about Crystal Sori, um, wanting to find her daughter. Yes. And then when the police came to you, um, they wanted to talk to Adam about his daughter, right? Yes. And at that time you and Adam were separated, right? Yes. You were living in the shelter. Yes. This was your second time at the fit shelter, right? Yes. And, uh, Adam was in Maine, right? Yeah. And, uh, when they talked to you, you told them that as far as you knew, Adam had taken Harmony to his mother's, right? Her mother's, yes. I'm sorry. Thank you. And, uh, you said that you thought Adam was in Maine. Yes. Um, but you didn't give them a way to get in touch with him. Right. But you got in touch with him. Yes. And you said for him to come back to Manchester. Yes. You said that he needed to deal with this too. Yes. And you said that you were not dealing with it by yourself. Yes. And you said this is not my fault. Yes. And Adam came when you contacted him. Yes. And he came to Manchester. Yes. But he came to Manchester with a woman. Yes. Um, Kelsey Small. Yes. And, uh, you two had been separated since March of 2021. Yes. Actually St. Patrick's Day, wasn't it? Yes. That's when I left. Um, you left and you called the police. Yes. And, uh, Adam got arrested, right? Yes. And, uh, he was in jail for a while. Right? 30 days. Yes. And, um, you said he was going crazy. Right? Yes. That he started going crazy and accusing you of all sorts of stuff. Yes. And he actually struck you. Yes. And you called the police. Yes. And, um, you stayed with your mom for a little bit after that? Yes. And then you were back at the shelter. Yes. But you did have a place and the shelter was fine with you being there. [02:26:50] Kayla Montgomery: I didn't have a place. [02:26:52] Speaker 6: You had a place at the shelter. Yes. Okay. Um, and you contacted Adam. Yes. Yes. You contacted him quite a bit while he was gone, right? Yes. Because he was in jail for a bit and then he went to Farnham Center, right? [02:27:08] Kayla Montgomery: Yes. I gave him a ride. Our transportation drove him to the farm center. [02:27:13] Speaker 6: And then he went to a sober house. [02:27:16] Kayla Montgomery: Yes. [02:27:17] Speaker 6: And while at the sober house you two communicated. Yes. Uh, but you thought he might be fooling around on you then. Yes. And you'd get mad at him. Yes. And, uh, you'd tell him he couldn't see the kids. [02:27:32] Kayla Montgomery: I don't remember that. I don't remember that. [02:27:35] Speaker ?: Yes. [02:27:36] Speaker 3: Yes. [02:27:47] Speaker 6: So sometimes you wouldn't let him see the kids and sometimes you would. [02:27:52] Kayla Montgomery: I don't remember saying that he couldn't see the kids. [02:27:55] Speaker 6: Okay. Uh, sometimes you'd get mad at him. Yes. And, uh, you'd communicate your anger to him. Yes. And then sometimes you got jealous. Yes. And you'd communicate your jealousy to him. But that, I didn't know that he was with a girlfriend at those times. Right. You just were jealous. Is that right? Yes. Okay. Whether it was Kelsey or not, you didn't know what was going on, but. Because he was accusing me too. Right. Oh. Right. It was sort of a back and forth relationship between the two of you, right? Right. And you'd get mad at him or he might get mad at you, right? [02:28:38] Kayla Montgomery: Yes. [02:28:39] Speaker 6: Um, but when things were, uh, but you were actually, both of you sort of trying to get together too, right? [02:28:47] Kayla Montgomery: Yeah, we were trying to have our family back together. [02:28:49] Speaker 6: Yeah. Um, you considered him your best friend when things were good. [02:28:54] Kayla Montgomery: Yes. It was the same way with me too. [02:28:57] Speaker 6: Right. You two were pretty connected when things were good, right? Yes. And sometimes even when things were not so good. Right. Pretty solid with each other. Yeah. And so, um, when Adam showed up with this woman in, uh, December of 2021, when you called him and told him to come back, um, you didn't like her. [02:29:25] Kayla Montgomery: No. [02:29:26] Speaker 6: I think you called her thing. Yeah. Uh, but you needed to work with Adam to get through this, uh, investigation, right? [02:29:36] Kayla Montgomery: That's not why I was being nice to him was not because of this situation. [02:29:42] Speaker ?: Okay. [02:29:43] Speaker 6: Okay. Uh, the police talked to you before. You told Adam to come back, but they talked to you after you told Adam to come back too, right? Yeah. And you would tell the police that he was, he took Harmony to his mother's. Yes. And, um, one time they asked you to come in to the police station and talk to him. Yes. And you did go into the police station and talk to him, right? Yes. You went in voluntarily, right? Yes. You said that you didn't need a lawyer. [02:30:26] Kayla Montgomery: No, I never said that. [02:30:28] Speaker 6: You said you'd talk to him without a lawyer, right? [02:30:31] Kayla Montgomery: I said I wanted a lawyer, but that didn't happen. Oh. But I felt like I was doing the right thing. [02:30:38] Speaker 6: Because you wanted to do the right thing? Yes. So you went to the police station to do the right thing for the investigation. Right. And you went to the police station to do the right thing for Harmony. Right. And you went to the police station and told them that as far as you knew, Adam drove Harmony to Crystal's. Yes. So you went to the police station to do the right thing, which was to lie? [02:31:05] Kayla Montgomery: No, that's not what I said when I went to the police station without a lawyer. Okay. [02:31:11] Speaker 6: Do you recall that after you talked to them for a very long time, they gave you a chance to pull your thoughts together and be alone and maybe write down what you wanted to say? Yes. And that you did take that time to write down what you wanted to say to them, right? Yes. And they came in and you handed them the note, right? Yes. And they read the note, right? Yes. And they read it out loud for the record. Yes. And they had you sign the note, right? Yes. And in that note, you said, I don't know what happened. No clue. I just know he left to bring her to meet her mom to give Harmony to her after he dropped me off at work in the morning. Yes. And you wrote, I'm done talking. And you wrote a little bit more and then you said, I can't help anymore. I'm sorry. [02:32:23] Speaker ?: I can't help you. Look at me, however, and I do. [02:32:23] Speaker 6: I actually can't read it. I'll show you a copy of exhibit A2 for IMD and actually ask you what it says. Can I give you that word? [02:32:38] Speaker ?: You can't look at me, however. [02:32:38] Speaker 6: Ah. And I'm asking you if you said this stuff, if you need to refresh your recollection, you can, okay? Okay. [02:32:44] Speaker ?: Okay. Okay. Okay. Okay. [02:32:46] Speaker 6: Okay. Okay. [02:32:48] Kayla Montgomery: Okay. Okay. So you said, I'm sorry. [02:32:51] Speaker ?: I can't help. [02:32:51] Kayla Montgomery: You can look at me, however. Ah. [02:32:53] Speaker 6: And I'm asking you if you said this stuff, if you need to refresh your recollection, you can, okay? Okay. So you said, I'm sorry. I can't help. You can look at me, however. Think of me, however. You just need to get him to talk because I can't get him to say anything to me. He won't tell me anything. So he obviously did something and isn't saying anything to me. And if he isn't telling me, how am I supposed to help you? I'm done talking, I'm, and then it goes on a little more for other stuff that I won't say, okay? Okay. Is that what you wrote for him? Yes. And you were done talking, right? And I remember it saying, I want a lawyer. You did, right? Yes. In that letter. Yes. And you said that you were done talking and you were getting your lawyer and you wanted to go home now, please. Right? Yes. So, your honor, I'd like to offer this as a full exhibit. Any objection? Any objection? [02:34:11] Speaker ?: Any objection? Any objection? Any objection? [02:34:17] Speaker 6: So, essentially, you were pointing the finger at Adam having done something wrong, not you, right? Right. And you were lying to the police about what happened, right? Right. And you were giving them a lie that pretty much gave you, made you look completely innocent. Yes. Okay. And then they came to you another time? Yes. While you were at the Fitz Shelter? [02:35:07] Kayla Montgomery: Yes. [02:35:08] Speaker 6: And they wanted to ask you about Adam, right? Yes. Because they actually saw you and Adam talking outside of the Fitz Shelter and Adam had just walked away and they came up, right? I don't remember how that went, but I guess. Okay. Pretty much right after Adam walked away, they walked up, right? I don't remember that. Okay. When they told you that they wanted to talk about Adam, you just sort of smiled at him and walked away, right? Yeah. Okay. And when he, the officer asked you to come to the police department, you said you'd already told him everything, right? Yes. And that was a lie as well, right? Yes. And then, during that interview, you also told them that you didn't understand why Crystal was saying she didn't have harmony. Yeah. Yeah. [02:36:17] Speaker ?: Okay. [02:36:30] Speaker 6: And in that, and what you told the police back then was that you didn't have a clue what had happened, right? Right. And, again, you are distancing yourself so that you have no fault in this, right? They can't blame you. [02:36:50] Kayla Montgomery: That's not what I was doing. I was doing what I was told to do the whole time. [02:36:56] Speaker 6: Okay. Well, Adam got arrested on January 5th, right? Yes. You got arrested on January 6th. Yes. You knew that Adam was arrested, right? Yes. And you were arrested for something that eventually became a theft charge, right? Yes. And after you were arrested, you were incarcerated. Yes. You were incarcerated for several months. Yes. And you wanted to get out. Yes. You worked very, very hard to get out, right? Yes. You worked very hard to get into rehabilitation shelters and the like in hopes that you could get out to the shelter on bail. Yes. And it took a long time, right? Yes. I think it was May 6th you finally got out? Yeah, it was four months. Pardon? Four months. Okay. Uh, so May 6th is about right? Yes. Yes. I want to talk about some of the things going on while you were in jail, waiting to get out. Adam, by the way, you knew was not out on bail, right? [02:38:22] Kayla Montgomery: Right. [02:38:23] Speaker 6: And you knew he could not get out on bail, right? Right. You had the ability to get out on bail, but he did not. [02:38:31] Kayla Montgomery: I, I didn't know he didn't have a chance to get out on bail. Okay. I didn't know what was going on with him. Okay. [02:38:39] Speaker 6: What do you mean you didn't know what was going on? [02:38:42] Kayla Montgomery: I didn't know what his situation was with either getting out or not getting out or trying to get out. I had no idea. [02:38:49] Speaker 6: Okay. Um, you were sort of following events while you were incarcerated, right? [02:38:55] Kayla Montgomery: Not really. [02:38:56] Speaker 6: Okay. You were following what was going on with Adam while you were incarcerated, right? I don't know. Okay. Do you remember talking to people about the fact that Adam was still talking to Kelsey on the phone while he was incarcerated? Yes. Okay. So, and, and you were saying, you know, I have ways of finding things out, right? [02:39:25] Kayla Montgomery: No. [02:39:26] Speaker 6: Okay. We'll get back to that in a second. And, um, uh, during that period of incarceration that you wanted to get out, uh, um, you did not tell the police the truth of what happened to Harmony, right? Right. You didn't tell, uh, the police how Harmony died. Right. You didn't tell them when she died. Right. You didn't tell them anything, uh, truthful at all, right? Right. And then, uh, while you were in jail, you sort of thought about your own trouble and maybe how to get out of trouble, right? [02:40:12] Kayla Montgomery: Not just my own trouble, but okay. [02:40:16] Speaker 6: What do you mean? [02:40:19] Kayla Montgomery: I don't know how to explain it. [02:40:22] Speaker 6: Yeah, you thought about missing the kids, you mean? Their trouble, too, because they didn't have their mother? Yeah, and Adam. I was still thinking about Adam, too. Okay. You were thinking about Adam, weren't you? Yeah. And while you were thinking about how to get out of trouble, um, you sort of wrote some of your thoughts down on paper about how to get out of trouble, right? [02:40:49] Kayla Montgomery: Not how to get out of trouble, just what I was thinking, yes. [02:40:53] Speaker 6: About what you wanted, uh, well, you talked about betraying Adam, right? Right. To get what you wanted, right? No. Okay. I'm going to show you a copy of what is marked for ID as G10. Let's see if you recognize these writings. [02:41:42] Speaker ?: Okay. Let's see if you have any questions. [02:42:42] Speaker 6: Are you finished? Yeah. Do you recognize those writings? Yes. And, uh, those are writings of your thoughts that you put to paper about what you wanted to betray Adam, right? No. They are my thoughts. Yes. Okay. Well, let's go. One of the things, um, that you wanted was, uh, one last time with Adam, right? Right. You wanted one last time to maybe kiss him or make love. Yep. And, um, what you didn't write was that you wanted protection from Adam, right? [02:43:48] Speaker ?: Right. [02:43:49] Speaker 6: What you didn't write was that you were afraid of Adam, right? Right. Because you didn't want protection from Adam, right? I wasn't thinking about that. Okay. You just wanted to be with him one last time before you, as you put it, betrayed him, right? Yes. And having one last time with Adam before you talked to the police, you felt like he would understand and he would love you back, right? No. I'm thinking about the conversation that him and I had before. [02:44:28] Kayla Montgomery: About? About the kids still having their mother. Okay. When the situation occurs. Right. And that he would take everything. Yeah. So that I could be with the kids. [02:44:43] Speaker 6: Right. You two talked about that and what would happen. And, uh, you both agreed that you were the mother. You were more important to the kids, right? Right. But you were the mother of his children, right? Right. And you needed to be there for his children. Right. Right. And you needed to be around more than he needed to be around. No. You actually wanted him to not be caught, right? Yeah, I didn't. Pardon? I didn't. And, um, you wanted him to not be blamed for the death. Right. Because he didn't do what you said he did. He did do what he did. Okay. Well, one of the things that you wanted, uh, other than being alone one last time, was immunity. Immunity for everything. The charges you were facing and what you were about to say, right? Right. And it's what you were about to say about Adam, right? Right. You weren't going to say anything about you if you didn't have to, right? I was going to say everything. Okay. And, um, you wanted the kids in your life. You didn't want to lose custody of your kids, right? [02:46:08] Kayla Montgomery: Right. [02:46:09] Speaker 6: And you, um, wanted treatment, right? Right. You wanted mental health counseling, right? Right. And, um... Immunity from everything. Where did you learn about immunity for... Adam. Adam told you about immunity? Yeah. And, uh, this is things that you're going to talk to your lawyer about? Yes. Okay. And, uh... You thought that you want to see what the AG has to offer, but you want to... Don't want to end up being screwed yourself by them, right? Right. You didn't want them to play games with you, and then you would get fucked in the end, right? [02:47:04] Kayla Montgomery: Yeah, because that's what Adam said that they would do. [02:47:06] Speaker 6: Okay. It was all Adam, right? [02:47:10] Kayla Montgomery: I am my own person, but yes. [02:47:14] Speaker 6: Okay. And, uh, you said, I am so fucked, I should just... I don't know, for Harmony, for me, for my kids, for... So, you actually thought, maybe I will help with the investigation for Harmony. Yeah. And, uh... One of the things is you were noticing that Seamus was having a hard time, as well as Declan, and you didn't want them to get adopted out, right? Right. And it's one of the things that you talked to Adam about when you two agreed not to talk about Harmony's death was that people would take the children. Right. And you didn't want people to take the children, right? Right. And you would rather hide Harmony's death than have the state come and take the children from you, right? That's not what I was thinking. That's not what I was thinking. Okay. Well, you two talked about it and how important it was for you to be there with the kids and for them not to take the children, right? Yes. And it is a conversation that you and Adam had after you discovered Harmony's death. Yes. And Adam did agree to take the fall after you discovered Harmony's death and had that conversation. Yes. And as you said, when you two were in sync, it was about as tight as it could be, right? Right. Best friends do anything for the other. Right. That note was your thoughts for what you wanted your attorney to talk to the AG about, right? Yes. And that note was found in your cell, hidden, like, between the mattress and the frame? [02:49:49] Kayla Montgomery: No, it was in a book. [02:49:50] Speaker 6: Okay. But it was found during a regular cell search, right? Yes. And the COs asked you about that note. [02:49:58] Kayla Montgomery: Yes. [02:49:59] Speaker 6: And you said that you wanted to talk to the AG. [02:50:04] Kayla Montgomery: Yes. [02:50:06] Speaker 6: And when you hoped to talk to the AG, those were the conditions that you wanted to get. Yes. And you did not have a conversation with the AG in January, right? [02:50:24] Kayla Montgomery: No. [02:50:24] Speaker 6: Didn't have a conversation with the AG in February, right? [02:50:28] Kayla Montgomery: No. [02:50:29] Speaker 6: Didn't have a conversation with the AG in March, right? [02:50:32] Kayla Montgomery: No. [02:50:33] Speaker 6: But you did get a subpoena for the grand jury. Yes. And you understood what the grand jury was. Yes. And you did get out May 6th, right? Yes. That was before the grand jury, right? Yes. And you still didn't talk to the AG before you went to the grand jury. By the way, I would like to have that introduced as a full exhibit. That would be G for ID. [02:51:24] Speaker 5: The objection is withdrawn. [02:51:40] Speaker 3: Exhibit G. The ID is stricken. It is entered as a full exhibit. The ID is stricken. [02:51:46] Speaker ?: It is entered as a full exhibit. So, in any event, you, after that note was seized, you asked to talk to the AG, you didn't talk to the AG before getting signed. [02:52:18] Speaker 6: So, in any event, you, after that note was seized, you asked to talk to the AG, you didn't talk to the AG before getting subpoenaed to the grand jury, but you did get out, right? Yes. And before you got out, you actually filed for divorce, right? Yes. You filed for divorce in March. Yes. And, um, you were done. And, um, you were done, right? [02:53:04] Kayla Montgomery: As hard as it was, yes. Okay. Done. [02:53:08] Speaker 6: He was in your past now. Not really, but... [02:53:12] Speaker ?: Okay. [02:53:12] Speaker 6: But your future was about you now, right? Yeah, I tried. Okay. And, um, you went to the grand jury in May of 2000 and... 22. 22. May 20th, actually, right? Does that sound right? [02:53:35] Kayla Montgomery: I didn't know it was in the same month that I got out, but I thought it was around that time, between May and June. [02:53:41] Speaker 6: Okay. If I showed you a copy of the front of the transcript of your testimony, would that help refresh your recollection about when it was? Yes. Okay. And this is... State's, uh, Defendant's Exhibit B for ID. Does that refresh your recollection? Yes. Please feel free to check through the transcript to make sure it's correct and that it's you. [02:54:21] Kayla Montgomery: I remember the, um, I remember going to this, yes. [02:54:31] Speaker 6: Okay. And looking at it doesn't refresh your recollection about the exact day, but it seems like around the... Yes. Okay. [02:54:41] Speaker ?: Okay. [02:54:51] Speaker 6: Now, when you went to the grand jury, you had no immunity, right? Right. You had no agreement with the state. Right. And, um, about two years... Over two years had passed since Harmony had died. Yes. And, uh, over two months had passed since you wrote that note that is Exhibit G of the conditions that you'd like to get for, quote, betraying Adam. Right? Yes. And, uh, so you went to the grand jury. Yes. And you were advised that, uh, you had to tell the truth. Right? Yes. They actually swore you in like you were sworn in here. [02:55:51] Kayla Montgomery: Yes. [02:55:51] Speaker 6: And, um, there was a prosecutor there asking you questions. Yes. And there was a group of people not in this configuration, but probably even more people there that were the grand jury. Yes. And, uh, you were not particularly happy with Adam when you went to the grand jury, right? I was stuck in my head. Okay. Well, uh, you lied to the grand jury, right? Yes. Even though you swore to tell an oath, swore an oath to tell the truth. Yes. And not only did you swear an oath to tell the truth, but you were actually given, uh, I think what they called, uh, ground rules. Do you remember being given some of the rules of testifying in front of the grand jury? Yes. And you were told that you could refuse to answer any question if it would incriminate you, right? Yes. And you understood what incriminating you would mean, right? Yes. And that meant if it would get you in trouble. Yes. And you were told that, uh, incrimination was pretty much if your answer would, uh, risk you being charged with a crime. Yes. And you were also told that, uh, if you did answer, uh, you had to answer truthfully. Yes. But you were also told that if you had an answer that got someone else in trouble, you had to answer that. Yes. And, uh, you were asked if you had any questions about those rules, right? Yes. And you were also told that if you had a question about any of the questions. Yes. Meaning if a question might incriminate you or not, you could take a break, step outside, and talk to your lawyer. Right? Yes. Your lawyer wasn't allowed in the courtroom, but he was available to you, right? Yes. And if you thought that a question might get you in trouble, you could go out and talk to your lawyer. Yes. And, uh, you were also told that, uh, you could get charged with perjury if you lied to the grand jury. Yes. You were told that not only could you get charged with perjury if you lied to the grand jury, but you could get charged with perjury for each and every lie. Yes. And that a perjury charge could bring a sentence of three and a half to seven years. Yes. In prison. Yes. Um, and that if you lied more than once, you could get more than one sentence of three and a half to seven. Yes. You could get a sentence of three and a half to seven for every lie you told to the grand jury. Yes. And you lied to the grand jury. Yes. And you lied more than once. Yes. You lied more than twice. I only got two counts of it, so I don't remember lying more than twice. You do not recall lying more than twice to the grand jury. Right. You think you only lied twice to them. Yes. Okay. Let's go through what you talked to the grand jury about. Uh, they actually talked to you. The prosecutor, uh, had this note. Yes. The grand jury, right? Yes. And I couldn't tell. Was it this note that was handwritten by you, or was it a copy of it? [02:59:42] Kayla Montgomery: It was a copy of it. [02:59:44] Speaker 6: Okay. And, um, he had, he read some and had you read some of the note out loud to the grand jury, so he could ask you questions about it, right? Yes. And, uh, he asked you what you meant by thinking about, uh, betraying Adam, right? Yes. And you said you were thinking about, you know, that he hurt Adam, uh, Harmony, right? Yes. Because he had actually only been arrested on June 5th for second degree assault to Harmony. Yes. And you said that betrayal sort of referred to that. You were going to betray him on that. Yes. Okay. Because you said that you didn't know what happened to Harmony, that you had no idea. Yes. That was a lie. Yes. And, uh, you said you thought Adam hurt her, but you didn't know what happened to her. Yes. That was a lie. Yes. And that was a lie that protected you, but pointed the finger at Adam, right? Yes. Okay. And, uh. You were asked about physical abuse by Adam. Yes. And you said he spanked her a couple of times when she wasn't listening or something, but it wasn't a lot. Yes. Was that a lie? No. And, uh, when you, they asked, well, what is it that you're talking about betraying him? You said, uh, well, he verbally abused her by putting her in a corner and spanking her. Yes. Was that a lie? No. Okay. Um, you told the grand jury that the last time you saw Harmony was two days after Thanksgiving, 2019. Yes. Was that a lie? Yes. Um, you told them that, uh, Adam dropped you off at work, uh, cause he was bringing her to her mother's. [03:02:16] Kayla Montgomery: Yes. [03:02:17] Speaker 6: Was that a lie? Yes. And, uh, you said all the kids were in the car, uh, you were going to work and everybody was fine. Yes. Was that a lie? Yes. Uh, you said that you worked in the morning, uh, you knew it was, uh, they asked you about your shift and you said it was six to two at Dunkin' Donuts, right? Yes. And that was the truth for when you worked at Dunkin' Donuts. But it was a lie for two days after Thanksgiving, right? You didn't work at Dunkin' Donuts two days after Thanksgiving, right? And that was one of the lies that you got charged with? Yes. Okay. But you had lied before, uh, that, right? To the grand jury already. Yes. And then, uh, uh, you also, uh, said, uh, the day that you were working on the grand, uh, the Dunkin' Donuts, and that was your second charge. Yes. So you got charged for lying about the shift that you worked at Dunkin' Donuts and you got charged for lying about... It was the location. The location, not the day. Yes. Okay. The location of Dunkin' Donuts, right? Yes. But not all those other lies that we've already talked about. You didn't get charges for them, right? And, uh, when you told the grand jury that, um, you were working at Dunkin' Donuts that day, the prosecutor actually gave you a hint. He said, are you sure? And you said, yeah. Right? Yes. And he said, take a minute and think because we had the records, right? Right. And you repeated the lie anyway. Yes. And, um, but you knew that they knew at that point that you might be lying. Yes. You knew that you might be getting caught. [03:04:25] Kayla Montgomery: Yes. [03:04:26] Speaker 6: And you didn't know what to do. [03:04:29] Kayla Montgomery: No, I did not. [03:04:30] Speaker 6: So you just continued in your lie. [03:04:32] Kayla Montgomery: Yes. [03:04:33] Speaker 6: And so you said, uh, that you had a conversation with Adam and he told you a day or two before taking Harmony to her mother that he was going to do that, right? Yes. And that was a lie? [03:04:46] Kayla Montgomery: Yes. [03:04:48] Speaker 6: And, uh, you said that, uh, you figured, uh, he gave her to her mom because her mom, Crystal, had a place. Yes. Yeah. You didn't figure he gave her to her mom. [03:05:10] Kayla Montgomery: No. [03:05:10] Speaker 6: You knew that she had died. Yes. And she had died in the car. Yes. She died in the car with you. Yes. And you knew it. Yes. And so when you said she, you're trying to convince the grand jury that you're telling the truth, right? [03:05:27] Kayla Montgomery: Right. [03:05:27] Speaker 6: Because every time you lie to them, you are subject to three and a half to seven. [03:05:32] Kayla Montgomery: Right. [03:05:33] Speaker 6: And, uh, so you want them to believe you. Right. And then you tell them that, uh, one of the reasons that you didn't think about, uh, what was going on with Harmony was because you had a lot of stuff going on with your son. I don't remember that. Okay. Uh, you said that one of the reasons that Adam brought Harmony to her mom was because she had already been through so much with the state that he didn't want her to live in the car anymore and she could live in a better place with Crystal. Yes. And that again was trying to get the grand jury to believe your story. Yes. And that was a lie. Yes. And, uh, you said Harmony was a normal kid, right? Yes. And that was not a lie. [03:06:39] Speaker ?: No. [03:06:40] Speaker 6: Um, you said that she had issues like anybody else. Yes. And that was not a lie. [03:06:46] Kayla Montgomery: No. [03:06:47] Speaker 6: And, uh, you said that, uh, you actually, when Adam came back without Harmony, you actually asked, did you take Harmony to Crystal? Like you said, and he told you he had. Yes. And that was a lie. Yes. You told the grand jury you didn't think it was strange that Adam didn't, uh, buy Harmony birthday cards or talk to Crystal about Harmony, right? Right. And they asked you why, and you said it was because you had your own issues with your eldest son, and with all that you and Adam were going through, you weren't thinking about Harmony or your eldest son. Right. And that is the son that is not of you and Adam, right? Right. That is a son that, um, you were also visiting. Yes. And there was a lot going on with your son. Adam had a lot going on with Harmony. And so you just didn't think about all those things because it was too chaotic. Yes. And so, while some of that might be true, that certainly wasn't why you weren't thinking about Harmony, um, about Adam not staying in touch with Harmony, right? Right. Because you knew Adam was dead, right? I, uh, Harmony was dead. I'm sorry. Yes. And so you just sort of made that up as a reason why things are going on in your head, so something that would be strange to other people wasn't strange to you, right? Right. It just sort of popped into your head, this is a good reason to give the grand jury to try and convince them I'm telling the truth. [03:08:37] Kayla Montgomery: Right. [03:08:38] Speaker 6: And, but it was from a real life detail, right? That was going on in your life with your eldest son. Yes. And, uh, you told the grand jury that Adam had been violent to you, so you believed that he had been violent to his daughter. Yes. But you hadn't seen anything. Right. And you told them that you were under the assumption that whole time that Harmony was with her mother. Yes. Another lie. Yes. You told the grand jury, obviously, you were thinking he did something wrong, but you didn't want to think about that. Right? Right. And you said because, uh, you had the other kids too, right? Right. You had other stuff to think about. You had other stuff to think about. Right. When the prosecutor asked you, do you think it's a good possibility that Harmony's not around anymore? You said that could be a possibility, right? Right. You didn't tell them that you knew she was dead, right? You didn't tell them that you were there when she died. Right. And, uh, that's kind of a lie by omission, right? Yes. Like not telling them something to send them down the wrong road. Right? Right. And, uh, when they asked you if you remembered any more about the day that Adam drove off with Harmony, you told them what you remembered. Seamus was two and Declan was 11. [03:10:36] Kayla Montgomery: Months. [03:10:37] Speaker 6: Months. Thank you. Yes. Okay. And, uh, you were asked if you remembered anything Adam said, and you said, no, not that I can. You sort of let it trail off, right? Right. You were asked if you were done with Adam at the time that you were testifying, right? Right. You said, are you done with him? And you said, yes. [03:11:06] Kayla Montgomery: Right. [03:11:06] Speaker 6: And are you saying that was a lie? Yes. Okay. And, uh, you told them that, uh, you kept insisting that all you knew was that Adam drove off with Harmony, and that was all you knew. Yes. And that was a lie. Yes. And that is protecting you. And Adam. It's actually pointing the finger at Adam, right? No. Okay. Not when it's the lie. Okay. Um, because you told them that you thought Adam must have done something wrong with Harmony, right? Right. And you were pointing the finger at Adam, right? Right. And you were protecting you. Right. Okay. [03:11:57] Speaker ?: Okay. [03:11:57] Speaker 6: And, uh, when the subject of, uh, the items that aren't Harmony had, um, you told them that Harmony had a sports cup with pink flowers, right? [03:12:14] Kayla Montgomery: I don't remember telling them that. I don't remember telling them that. They showed me a picture of it. [03:12:19] Speaker 6: Oh, okay. Do you remember telling them that? [03:12:24] Kayla Montgomery: I just remember the picture. [03:12:26] Speaker 6: Did you tell them that, uh, she was wearing Nike sneakers? Yes. And that she was wearing a Star Wars hoodie? Yes. And, uh, you talked to the jury, uh, with a straight face about remembering what she was wearing, right? Yes. Even though the Star Wars hoodie is what you cut off of her body in the shower at Union Avenue. Right. Okay. Um, and you didn't have any problem talking about that to the grand jury that that's what she was wearing, right? Right. But you did have a problem telling the grand jury the truth that you were cutting off her clothes in the shower at Union Avenue. Right. And you said the last time you saw Harmony, she was happy. Yes. And you had no problem with that lie to the grand jury, right? Right. And, um. The last time you saw Harmony, you thought she was asleep, but she was dead. Yes. Okay. One of the things that happened at the grand jury was you were talking about some of the things that the family did after eviction, right? Yes. And you talked about going to Colonial Village, right? Yes. And Colonial Village is what you've talked about on direct, pretty much where you kind of camped out during the weeks before you went to your mom's. Yes. And I think you told the grand jury that you went to your mom's around the 11th. [03:14:30] Kayla Montgomery: Yes. [03:14:31] Speaker 6: And that seems about right? Yeah. It was the beginning of December. The 11th? [03:14:38] Kayla Montgomery: Like, in the beginning, like the beginning of the month of December. [03:14:43] Speaker 6: Okay. Well. [03:14:44] Kayla Montgomery: I call that the beginning. [03:14:46] Speaker 6: Sorry. You'd been in the car for a couple of weeks before going to your mom's, right? Right. So, um, uh, you told them that, uh, your car had died and you slept in the, um, car of your friend Anthony Badero for a weekend. Yes. And it was sometime after that that you went to your mom's. Yes. And, um, you told them that Badero saw Harmony every day while living at the Colonial, um, for that couple of weeks, right? Yes. And that was a slip-up, right? I don't remember. Well, if you were telling the grand jury that Harmony died on, uh, November 30th, but you're talking about being in the car for a couple of weeks from the 20th, uh, you told the grand jury that the last time you saw Harmony was November 30th? Yes. Which was three days after your eviction? Yes. But they stayed at Colonial Village, you have said, for about two weeks? [03:16:06] Kayla Montgomery: Yes. [03:16:07] Speaker 6: After eviction, right? Yes. And you told the grand jury that, uh, Bordello saw Harmony every day behind the Colonial? Yes. For those two weeks, right? That was a slip-up, right? No, because you did see her. Okay. For two weeks? He did see her a couple of times, yes. He said every day behind the Colonial? Not every day. Okay. For those two weeks, he saw her, right? Yes. For a couple of weeks, right? A couple of days. [03:16:43] Kayla Montgomery: During those weeks, he did see her for a couple of days. Do you recall which days? No, I just know we were still in the car. [03:16:54] Speaker ?: No, I just know we were still in the car. No, I just know we were still in the car. No, I just know we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. No, we were still in the car. [03:17:13] Speaker 6: Did Anthony Bordello didn't see y'all very much before you were parked at the Colonial, right? Yes, he did. Okay. Did he see Harmony often? Once in a while, if we drove to his place. Okay. Would you go in to his place with Harmony? No. Okay. We'd be in the car. Okay. And so I'm going to show you a portion of your grand jury testimony. Okay. I'm going to ask you to read it to yourself, and then I'm going to ask you some questions about it. [03:18:16] Taylor: Okay? [03:18:17] Speaker 6: Okay. Okay. And I will say that this starts after you're talking about the accidents that we've talked about earlier today. Okay. I'm going to show you a specific page, which is 45, and feel free to read anything that you want, but start at 45 going through until the subject changes. Okay? [03:18:39] Speaker ?: Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Thank you. Thank you. [03:20:16] Speaker 3: Thank you. [03:20:46] Speaker 5: Thank you. [03:21:16] Speaker 6: Thank you. The prosecutor talked about, so you stayed near Colonial Village for a period of time, right? Yes. And he's talking about after eviction when you are staying in the car with the family behind Colonial Village, right? Yes. Was he every day for like a couple of weeks? Yes. Was that the truth? No, it was like every couple of days. For the whole two weeks? [03:22:48] Kayla Montgomery: Yes. [03:22:49] Speaker 6: He would go out there to the car, right? And talk to y'all, right? Yes. And sometimes he and Adam would go off and do stuff. No. Adam and he, he might actually give Bedero, drive Bedero in Bedero's car for a while, right? [03:23:16] Kayla Montgomery: No. No. [03:23:17] Speaker 6: And that's what, why was Bedero coming out to the car for you? Because we were getting drugs. Okay. So you're saying Bedero came out to the car to give you drugs? Yes. Okay. Um, you said that Bedero saw Harmony probably every day, but now you're saying it's probably every couple of days? Yes. And after, uh, you said that to the prosecutor, um, do you remember actually addressing the fact that you, um, said that you hadn't seen Harmony after November 30th? No. Does that refresh your recollection about whether he raised that? Um, I'm sorry. That he actually reminded you that you had said that Harmony went missing on the 30th, right? Right. And so he said, are you saying Bedero saw Harmony before November 30th? And you said, yeah. Yes, he did. Okay. But you were actually saying also that Bedero saw Harmony during that two-week period that you were behind his place. Right. Okay. But you said that Harmony had disappeared, been gone, left. [03:24:39] Speaker ?: That's the answer. [03:24:41] Speaker 6: Overruled. So that was sort of a slip saying that, right? [03:24:45] Speaker ?: That's the answer. [03:24:47] Speaker 6: Overruled. No. You're talking about events after the 30th, where Bedero is seeing Harmony at a time that you're telling the grand jury that Harmony has gone off. Adam took her to the 30th. Adam took her to her mother? After the 30th. He saw her before that. Okay. Okay. For two weeks after eviction, while you're staying at Colonial Village, he saw her during those two weeks. Is that right? Yes. [03:25:25] Speaker ?: Yes. [03:25:25] Speaker 6: So eviction would be November 27th, right? Yes. And for that two-week period, that would take you just shy of December 8, 9? Yes. And so you are saying that Mr. Bedero is seeing Harmony in December? Yes. That was a slip, right? [03:25:55] Kayla Montgomery: No. I didn't know what the last time was that he saw her, but I know that he did see her every couple of days during that time. [03:26:06] Speaker 6: Okay. But if Harmony was, if you're saying that Harmony is gone since November 30th, how can somebody be seeing her in your car after November 30th? Not approach. [03:26:25] Speaker ?: Go ahead. [03:26:27] Speaker 6: You told the grand jury that you got evicted on the 28th. 27th. Yes. And you told the grand jury that for two weeks from that eviction, you stayed at Colonial Village. [03:26:48] Kayla Montgomery: Yes. [03:26:49] Speaker 6: But you told the grand jury that three days after that eviction, Adam took Harmony to his mother's. Yes. To her mother's. [03:27:00] Kayla Montgomery: Yes. [03:27:01] Speaker 6: So that she was no longer in the car. [03:27:04] Kayla Montgomery: Yes. [03:27:04] Speaker 6: But you also told the grand jury that Anthony Baderos saw Harmony throughout that two-week period, right? [03:27:13] Kayla Montgomery: Right. [03:27:15] Speaker 6: Okay. Are you saying that Harmony was in your car during that two-week period for Baderos? Are you telling the grand jury that he was in your car for that two-week period after Adam had taken Harmony to her mother's? [03:27:43] Kayla Montgomery: Yes. Yes, because that didn't happen. [03:27:45] Speaker 3: Overruled. [03:27:47] Kayla Montgomery: Pardon? Yes, because she didn't actually go missing on November 30th. So yes, he did see her. [03:27:55] Speaker 6: Okay. So that was actually the truth. Right. Right? And it was a truth that was very inconsistent with the lie that you had been telling. Right. So you sort of slipped up there, but it got missed, right? Yes. After that, maybe it is a good spot. [03:28:28] Speaker 3: Thank you, Your Honor. [03:28:30] Speaker 6: At the grand jury, you were asked about those car accidents, remember? Yes. And you said that you were called two and that Harmony was in the car for one of them, but she wasn't in the car for the other, right? Yes. And that you couldn't remember why she wasn't in the car for the other, right? And you thought that that was a November accident that she wasn't in the car for. [03:28:56] Kayla Montgomery: Right. [03:28:57] Speaker 6: Is that the December accident that she wasn't in the car for? [03:29:01] Kayla Montgomery: I don't remember. [03:29:02] Speaker 6: Okay. Do you remember that Tabitha Scott was in the November 29th accident, was in the car during that? Yes. Okay. So you thought it was November, but you were probably talking about the December accident where Harmony wasn't in the car? Yes. Okay. And do you remember on direct that the prosecutor asked you to look at the grand jury? Yes. I'm sorry, at this jury. Do you remember when he asked you here to look at this grand jury? Yes. Overruled. I said grand jury again, I'm sorry. Go ahead. Sorry. Go ahead. Do you remember at the end of your direct testimony, the prosecutor asked you to look at this jury? Yes. And he asked you, did you kill Harmony? And you looked at this jury and you said no? Yes. Do you remember that the prosecutor at the grand jury asked you to look at the grand jurors? Yes. And he asked you to tell them what happened to Harmony and you said you didn't know? Yes. So looking at jurors while you're lying doesn't change the lie, right? [03:30:20] Kayla Montgomery: Right. [03:30:21] Speaker 6: So you also told the grand jury. That neither Adam nor anyone else asked you to lie about what happened to Harmony, right? Right. And that lie that you told the grand jury, you told them freely, right? Yes. And it was a lie that you and Adam came up with when you didn't want DCYF in taking your kids or blaming either of you or anything like that, right? [03:31:16] Kayla Montgomery: Right. [03:31:18] Speaker 6: And that lie protected you and let the investigation focus on Adam. Yes. You also told the grand juror that when you contacted Adam and told him to come back to Maine and he came back to Maine, and he said that once there, um, uh, Adam said, tell them I brought her to her mother, right? Yes. Um, and that was sort of the truth, right? Yes. Because he said, you'll be okay. Just stick with the story, right? Right. You didn't have to worry. Right. He would be there for you. [03:32:33] Speaker 3: Right. [03:32:45] Speaker 6: One of the, in the grand jury, unlike this jury, the individual jurors were allowed to ask you questions, right? Yes. And so you not only had a prosecutor asking you questions, you had individual grand jurors asking you questions, right? Yes. And you lied to them, right? Yes. Um, you told them that you were actually feeling scared for Harmony, uh, at some point, right? I don't remember that. Okay. You still have that grand jury testimony there? Yes. And I'm going to point you to page 64, and this is to refresh your recollection. If you would check out, it's about halfway down the page that the conversation starts, but you can check before that to make sure. And on to the next page. [03:34:11] Speaker ?: Okay. [03:34:41] Speaker 6: So, um, when you were talking about meeting up with Adam, when he came back from Maine and he told you to, um, tell them that he took Harmony to her mother, um, you were actually asked about the fact that the investigation is going on, right? Yes. And you told this jury that you had actually seen Crystal on the news talking about her missing daughter, right? I'm sorry, not at the grand jury today, to this jury. Yes. And, um, when, uh, in light of that, when Adam said, I took her to her mother, uh, do you remember being asked at that point again? Did it make you wonder what really happened to Harmony? And you said, uh, yeah, it did, right? Yes. And do you recall being asked, uh, if you were scared for Harmony at that point? Yes. Telling the grand jurors that you were scared for her. Yes. And, uh, you were telling the grand jurors this at a time that you knew that she was dead. Yes. And, uh, you insisted you didn't know what happened to her, right? Right. Now, these are several more lies that you've told the grand jury, right? Right. And, uh, you talked to this jury about, uh, Adam in, um, the spring of 2020, um, accusing you of things and punching you? Yes. And you told the grand jury that he punched you two times, right? It was more than that. Okay. Yes, I did. And, uh, you told them that, uh, you left Adam because, uh, you saw abuse as a kid and you didn't want your kids surrounded by that stuff. Yes. And that's when you left Adam in March of 2021, right? Yes. But you actually left him also in April or in the spring of 2020 for a very short period of time, right? I don't remember that. You don't recall leaving with the kids for a couple of times in the spring of 2020? No. Okay. Because the spring in 2020 is when you started talking about the first time that Adam started thinking weird things were happening, right? [03:38:04] Kayla Montgomery: Yeah, but I didn't leave him. We still lived in the same. Um, we just moved to the Union Street apartment building. [03:38:11] Speaker 6: Okay. And you didn't just leave for a bit and go to a friend's for a day or so? No. Okay. [03:38:22] Kayla Montgomery: I remember I left for a couple hours with the kids, but I went back to the house. [03:38:28] Speaker 6: I went back to the apartment. Okay. So, one of the times, uh, that he was feeling like there were cameras and stuff, you just had to get away from him, right? He fell asleep, so I took the kids and left. Yeah. Because he was acting very strange. Yeah. Okay. Okay. So, I think I'm going to move on from the grand jury testimony for now. Take that back away from you if you'd like. Thank you. When the grand jury testimony was over, you were able to leave. Is that right? Yes. And, uh, you were still out in public on bail. Yes. And, by the way, I was told that I did mess up again. Adam was arrested January 4, and you were arrested January 5. Is that right? Yes. Okay. Sorry. Okay. Um, so, uh, you are out, but you have certain conditions that require that you, uh, what, report to the police station? Yes. You have to report in person. How many times did you have to report? [03:40:00] Kayla Montgomery: Every day. [03:40:01] Speaker 6: Every day. You had to come to the police station so that they would know that you were around, right? Yes. And so you were doing that before the grand jury, right? Yes. And you were doing it after the grand jury. Yes. And every day you're at the police station, uh, and one day, and it was June 3rd, you come in for a reporting day, for a reporting day, right? Yes. Or a reporting time, sorry. And, uh, you got arrested. Yes. And you kind of knew that that might happen because you knew that you had lied to the grand jury, right? Yes. And you got arrested for two charges of perjury before the grand jury, right? Yes. And it was about your shift at Dunkin' Donuts? Yes. And it was about the location of Dunkin' Donuts. Yes. And we talk about a whole lot more lies that you told the grand jury, right? Yes. And you didn't get arrested for any of those lies, right? [03:41:00] Kayla Montgomery: Right. [03:41:01] Speaker 6: And probably talked about more than 20 lies that you told the grand jury. Yes. Maybe more. [03:41:08] Kayla Montgomery: Yes. [03:41:09] Speaker 6: And you got two charges for lying to the grand jury, right? Yes. Now, uh, before testifying in front of the grand jury, uh, you had some other prior convictions, right? Yes. Uh, one was for false information to a police officer. Yes. And, um, one was for altering a prescription drug. Yes. And you got incarcerated on that one on a probation violation in 2013. Yes. And got out in 2014. Yes. And it was sometime after that that you and Adam got together? Yes. And, uh, um, you were together but got married in 2017? Seventeen. [03:42:04] Speaker ?: Seventeen? [03:42:04] Speaker 6: Seventeen? Yes. And you got married on Harmony's birthday. Yes. And that was intentional, right? [03:42:15] Kayla Montgomery: It wasn't supposed to be on her birthday. [03:42:18] Speaker 6: Okay. [03:42:18] Kayla Montgomery: So, um, you know, we were getting married before our son, uh, we were planning a baby shower wedding that Sunday and we ended up having the JP come to our house and marry us while I was in the middle of contractions. And then we had the baby. [03:42:42] Speaker 6: And, uh, that was, you did it during the shower because friends and loved ones had been there too. [03:42:49] Kayla Montgomery: Yeah, that's what we were supposed to do but we didn't get to. [03:42:53] Speaker 6: Okay. And, um, when you went to the grand jury, you were also facing other felonies at the time, right? Yes. At the time? Yeah. That was confusing. On May 20th, when you went to the grand jury, you had some felonies that you, uh, had been charged with but had not been resolved. Yes. And, uh, two of them were for receiving stolen property? Yes. And, um, one of them was a theft by deception. Yes. And although you got charged for them, uh, they were dismissed as a part of the agreement that you reached with the state, right? Yes. And when you were out on bail, uh, on the 3rd, they held you for a few days, right? Yes. And you got re-bailed, uh, for those perjury convictions, right? Yes. So, the day that you came in, they had to arrest you and book you and you had to go to jail and eventually, uh, three or four days later, you were able to get out on bail. Yes. Same bail conditions as before? Yes. No changes? No. And you were supposed to be of good behavior? Yes. And you were supposed to be drug and alcohol free? Yes. And, um, you got re-arrested. You were supposed to remain arrest free, too, right? Yes. And you got re-arrested, right? [03:44:29] Kayla Montgomery: Yes, because I missed court. Pardon? I missed court, so I got arrested. [03:44:34] Speaker 6: They found you and arrested you on a capius for missing court, but you also got charged with, uh, prescription drugs. Yes. And that case went away as well on the day of your plea to the perjury indictments. Yes. Right? Okay. So, I want to talk about June 3rd and your interview with the police. You certainly didn't know that day that you would be arrested when you walked in for your check-in, right? Right. And on that day when you walked in and got arrested on your check-in, you didn't know if you would be able to walk out. Right. They might hold you in jail again for perjury. Right. Because it's a pretty serious offense. Right? Yes. And you knew that when you raised your hand and swore an oath to the grand jury that if you lied to them, it would be a very serious thing. Yes. And so you were kind of concerned that you may not be able to get back out on bail when you got arrested. [03:46:28] Kayla Montgomery: Yes. [03:46:28] Speaker 6: And you said you were ready to talk. Yes. You said you wanted to give a statement, right? Right. [03:46:38] Speaker ?: Right. [03:46:38] Speaker 6: And you did not have an agreement when you said that, right? Right. You did not have any negotiation when you said that, right? [03:46:51] Kayla Montgomery: Right. [03:46:52] Speaker 6: The AG had not actually met up with you at all when you said that, right? Right. Right. And you wanted to make sure that you got out as soon as you could, right? Right. Right. And so your attorney was called. Yes. And there was a sort of agreement reached before you gave your statement, right? Right. And you didn't get immunity for crimes, right? Right. And you didn't get future immunity for any crimes that you might commit, right? You did get an agreement that whatever you said that day couldn't be used against you. Right. And that they would look at what you said that day, and if they wanted to use it, then you might be able to reach an agreement. Right. And so that wasn't the immunity from everything that you had wanted, right? Right. That wasn't the no-time deal that you had wanted, right? Right. That wasn't the ankle monitor that you had wanted. Right? Right. And there was certainly no guarantee or conversation about you and your future life with your children. Right. But you knew they had you solid on the perjury, right? [03:48:18] Kayla Montgomery: Right. [03:48:18] Speaker 6: You were never getting around that one, right? [03:48:21] Kayla Montgomery: Right. [03:48:21] Speaker 6: And so you decided that this would probably be the best that you could do to get as few consequences for your actions as possible. [03:48:35] Kayla Montgomery: Yes. Are you okay? My head hurts. I'm, like, having a migraine. [03:48:49] Speaker 6: Do you need to stop? May we approach her on it? Yes.