Stepmom In Missing New Hampshire Girl Case Has Charge Revised

CONCORD, NH — The New Hampshire Attorney General’s Office is revising a charge against the stepmother of a missing girl not seen since October or November 2019.

Kayla Montgomery, 31, was arrested on Wednesday on a felony welfare fraud charge after investigators accused her of collecting food stamps between December 2019 and June 2021 for Harmony Montgomery, 7, even though the girl did not live with her. Harmony Montgomery has been the subject of an intensive search effort since investigators in Manchester were informed about her not being seen for more than two years.

A judge set Kayla Montgomery’s bail at $5,000 cash with several conditions.

Late Friday, however, the New Hampshire Department of Health and Human Services informed prosecutors it had found “additional documentation that potentially raised concern for the offense level of the welfare fraud charge.” Officials did not say specifically what the information was. But a review led prosecutors to communicate with Kayla Montgomery’s defense about the new evidence. Prosecutors said new charges would be filed in Hillsborough County Superior Court North.

Once bail was set on the new charges, the original welfare fraud charge will be nolle prossed.

Kayla Montgomery’s defense attorney, Paul Garrity, filed a motion to reconsider and reopen her bail conditions on Monday, stating that due to the change, the welfare fraud charge would be dropped.

“The undersigned counsel was informed by Attorney Jesse O’Neil from the Attorney General’s Office that his office received information that indicates that the Class A felony of welfare fraud is unfounded, although a lesser charge or charges may be warranted,” Garrity wrote. “As the defendant is no longer going to be charged with a Class A Felony, the defendant submits that the issue of bail should be reopened.”

Prosecutors countered on Tuesday that the bail should not be changed since a Class A theft charge was one of the nine new charges.

“In his motion, defense counsel argues that the issue of bail should be reopened based on the state’s information that the defendant would no longer be charged with a Class A felony,” prosecutors told the court in a filing. “However, because the defendant will remain charged with a Class A felony (albeit under a different statute), as well as an additional eight new criminal charges, the defendant’s motion should be denied and bail should remain as set.”

The court is expected to consider the matter on Tuesday.

Anyone with information about Harmony Montgomery is asked to call the Manchester Police Department's dedicated tip line at 603-203-6060, 24-hours a day, seven days a week.

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