Good morning Miss Montgomery.
So um we're gonna begin by my asking you attorney guarantee. Have you
reviewed the complaint with Miss Montgomery. And did you discuss with
her the maximum penalties for the charge? And does she wish to enter a
plea at this time? Alright this is Montgomery. You reviewed the complaint
with your counsel
and you understand the maximum penalty for this charge and you wish to enter a
plea of not guilty at this time. Is that correct? Alright um the clerk will
enter a plea of not guilty on this uh charge. What we're gonna do now Miss
Montgomery is I'm going to take up the issue of bail. I'm gonna hear from the
state first and then I'll hear from you and your counsel. You may be seated
triennial
the state requests. It's slightly different from what's in the mail order.
Just because I didn't have the capability to scratch out before
corporate charity. Part of the state requested $5,000 cash only bail
that would also have conditions no contact with the head of Montgomery.
And the defendant is released that she delivered a specific address of which
I'm not aware of, which is one of the craze that should not travel outside of
new Hampshire that she's not possessed firearms or other weapons delineated
there that she's not consuming excessive amount of alcohol or use any
narcotic substance that she signed on a daily or that she signed a waiver of
extradition and that if she was released that she checked in daily in
person Northwestern police.
The basis for this request, Your honor is the dependent status as a flight
risk. And the state would argue is clear and convincing evidence that the
nature of the allegations presents a substantial risk that are dependent on
out of here and that there is no reasonable alternative that will assure
our friends. A lot of this is grounded in the defendant's criminal record. All
admit that it's not the most serious records of this court to see, but it
does involve a great concern for her ability to comply with our borders. The
record begins in November of 2012 when she was convicted in the Grafton
Superior Court of Class A misdemeanor dealing in or possessing of frustration.
She was at the time sentenced for 12 months suspended for two years,
about Nine months later in August of 2013. Excuse me about eight months
later in July of 2013. She was convicted of local concealment of a
misdemeanor and then most concerning to the state police report to law
enforcement.
Those
appeared to have trickled triggered a violation of cooperation on grafted
Superior case Which resulted in 63 days credit for time served. And in order
that basically she successfully complete the 20th residential treatment.
The final conviction on her record is from September 2015. It's a class a
misdemeanor theft finance application where there was a different sentence
that she successfully completed and the sentences,
the concern for the defendant's inability to comply with court orders,
which would contribute directly to her status and flight risk comes from that
false report to law enforcement, which was made at the time when Really the
potential consequence was the class a misdemeanor penalty on that charge of
12 months in the house and the one year suspended for two years that she had in
the absence of greater things. That was therefore a case where basically the
consequences for two years Today she's facing what is the most serious charge
has never faced. A class a felony where the potential charges too many
potential maximum penalty is obviously seven and a half-15 years in state
prison
if the defendant was unable to comply with the conditions of the suspended
sentence. If she committed the crime of false reports to law enforcement and
the potential penalties for much smaller, the state would argue that
that is clear evidence of her a flight risk, which would also be an inability
to comply with a court order to return for future coordinates.
Further raising concerns as sort of status of risk
because of this charged independently lose their she's done it basically. She
was arrested last night families in transition here in Manchester I wasn't
present. But from what I have been informed by police and one of the
former attorney guarantee, there was some conversation from staff and our
administration there that this charge made positive whose replacement in that
facility.
When he cut her ties to the city, we advertise to new Hampshire and further
at her status as a playlist.
What I also argue is going back to something and said previously about
this being the biggest charge the defendant has ever faced. The most
severe consequences students face. Mhm.
I believe it's appropriate for the court to consider the strength of the
case. If the court is going to impose the cash trail that may potentially
result in the defendant's pretrial detention, the court needs to consider
the nature of the allegations. What I would suggest to the court is based on
what the court is reading the affidavit based on the charge itself. This is a
strong case. This isn't a case where the defendant thinks she can tell
witnesses disappearing or changing their stories or some sort of
impeachment tactics by her counsel. This is basically a white politics
where the evidence is documented the witnesses of state employees who will
be related to statements made by the defendant herself or the lack of
statements made by the defendant herself. So not only is she facing the
most severe potential consequence you've ever faced, but it is a strong
thing which further contributes service status of progress again would be in
the nature of the allegations of abuse. That's a program of
So for those reasons the state argues that the time $1,000 failed
and right. What is the status of her Children at this point? Um Currently I
believe that they're with their mother. Mhm. We need to sell notified last
night. Right. For the individuals that are
joining us on webex please make sure your line is muted. Please meet your
line. Thank you. I'm sorry go ahead. I believe was notified after the arrest
last night because that's that's as much as
that of course is to The three Children whose location?
Thank you.
Security. In terms of the conditions laid out by the state. We're in
agreement with those that he's disagreement we have is with respect to
cash bail. We're asking them forward to release her on a personal recognizance
bail. Um
address the risk of flight. I would suggest to the court that's extremely
minimal. MS Montgomery has lived in New Hampshire since she was nine years old.
She is currently 31 years old.
She went to West high school,
left her left high school And our senior year got her g. d. in 2009. Her
mother lives uh at 250
2 58 to boost abuse straight in Manchester. She is an odd that lives in
Manchester. Her grandmother and uncle lived in New Hampshire
victor. You see that thing I just sent you guys.
Okay thanks. Please view your line. If you're
if you're on the webex.
I'm sorry go ahead with any clarity. She has one brother that lives in texas
but
basically the majority for family live in New Hampshire. She has three young
Children.
They are four years old, Two years old and one years old. She was residing
with them at 177 Les cops At the families and transition location. She
had been residing there since July of 2021. They are down in the custody of
her mother.
I've spoken with her mother, Christina lubin who told me this morning that if
that Kayla was released that Caleb could come and live with her at 2 58
abuse street. She has resided at that location For about 14 years. Gary just
so that I understand she was living at families in transition with the
Children since since July of 2021 and the Children are now with the model
but custody hasn't changed and it's my understanding that to reside at
families in transition, she has to have the Children with her that's a little,
I know about that location but she was also working, she worked full time at
morgen records management that's located on frontage road in Manchester.
She had worked there since september 2021. There was a full time job, she
was working six a.m. To two p.m. Prior to that she worked at project flagging
and hooks it.
Prior to that, I understand that you worked at Duncan donuts in Manchester.
So she's she has a history of employment, she has a close
relationship with her Children. I have and she's got significant ties to the
area and they place to reside That's a $5,000 cash bail. Given her limited
resources
would lead to her attention. And I think the whole point of the amendment,
the bill said this place a few years ago is that financial resources should
not
an impediment to people being released on bail. There are conditions as laid
out by the state and they have proposed they'll order that would assure the
core and the state that she would appear in future court appearances
and just with respect to for compliance with
court orders of bail conditions than private record. I know the state talks
about the events that took place in Grafton County. She was about 21 or 22
years old at that time. She didn't have her Children at that time.
The last conviction and what the state didn't tell you is that that conviction
took place in 2015 that was a deferred sentence that up. I'm sure the board
knows requires that She come back to court and show compliance. She did so
in 2016 that conviction also required that she undergo a laid back evaluation
at least from what I can see from the record that you comply with the late
dad evaluation to comply with any recommendations From the record in
September of 2016. She was able to show the court, she was clients and the case
was closed since that time. She's had no prior interaction with the with the
criminal justice system. All of that took place when she was a process. 25
years old. She's now a woman of 31 years old, three young Children
And her lack of records since 2015. Um, I think indicates to the core in her
compliance with the events and books at this report shows that she can comply
and will comply with court orders and show up as she did in 2016 Okay
scheduled appearances. So I would ask them forward to release her on personal
recognizance with conditions laid out by the state with the condition that
she will resign with her mother at 258 Dubuque Street. That's on the first
floor.
And uh,
there's also no objection. You understand the state's request is that
she checked in daily with the Manchester Police Department.
Um, I
would be opposed to her when her mother. This is due to the circumstances of the
arrest last night. The state's position of living independent living with your
mother wouldn't be conducive to compliance with court orders coming to
court basically as she was arrested last night. Her mother said words to
her to the effect of don't talk to the police
76 ft. Conducive to somebody who's trying to stay on the straight and
narrow and come back and forth.
That's 28.
Just a second attorney Gary attorney. You don't disagree that she is charged
with one count of welfare fraud. She has a misdemeanor criminal history. Um
it would it, it's somewhat unusual to ask for this kind of cash bail for
somebody charged with one count of welfare fraud. You don't disagree with
that. I don't disagree on. What I would say is this is an unusual case. I'm not
aware personally other cases of welfare fraud where somebody was collecting
welfare for about a year and a half for a child who is now
thank you Carrie.
In terms of what the mother allegedly said on. So I'm not um in possession of
any reports dealing with that. The issue like you can teleport that state
didn't make me aware of that allegation, but I don't think that indicates in any
way Kayla won't comply with court orders. I think for history, especially
the 2015 of the folks that indicates that she will and has shown that she,
you will follow through
and statement if it was made by the mother as a statement of a concerned
parent
given the publicity this case has generated. This is right now simply a
one count welfare allegation.
I'm sure the court knows that most circumstances, those cases, not all,
but the most circumstances did not lead to the maximum penalties outlined by
the state.
Most people charged with the defense are released on personal crisis
given the circumstances, her ties to the area, her maturation
and shown the ability to comply with court orders and
she's unable to post any cash bail When I asked her mother terms of ability of
family to post bail, The mother told me she had to contact a friend to borrow
$40. They don't
thank you. Alright. Anything further from you and Tony O'neill,
I don't know. All right, the court is going to take this under advisement.
Thank you.