Stepmother Of Missing NH Girl Arraigned On New Charges

MANCHESTER, NH — The stepmother of a missing New Hampshire girl was in court on Monday facing revised charges accusing her of collecting public welfare benefits even though the girl was not living with her at the time.

Kayla Montgomery, 31, was accused of collecting benefits for Harmony Montgomery, 7, who has not been seen since October 2019. She was accused of collecting the funds between Nov. 30, 2019, and June 2, 2021. Kayla Montgomery pleaded not guilty to a count of felony theft by deception, more than $1,501, and two public welfare prohibited act misdemeanor charges in Hillsborough County Superior Court North.

After entering pleas, Judge Amy Messer heard arguments from both the prosecution and defense about whether Kayla Montgomery should be released on bail.

The prosecuting attorney, Jesse O’Neill, said they were requesting she be held and explained how the case was discovered and why the charges were revised. He said since there was still a felony charge involved with the case after the revised charges, she should be held. Six of the welfare fraud charges were dropped due to falling outside of the statute of limitation, he said.

“There is no basis to change the bail,” O’Neill said. “If anything, it has only gotten worse in terms of the defendant’s status as a flight risk.”

Another issue at hand might be where she would be living. If released, it was presumed she would be residing with her mother who had custody of Kayla Montgomery's other children

Messer asked if there was a “no contact” provision involved with the other children.

“I’m not sure of that, your honor,” he said.

Messer asked O’Neill if Kayla Montgomery had failed to appear in prior cases and he said he was not aware of any failure to appear incidents.

Messer pointed to the potential of high cash bail which would essentially hold Kayla Montgomery in preventative detention. That, she added, “was not what the state had asked for.” O’Neill countered that the unique nature of the discovery of the accusations against Kayla Montgomery was still hanging over the case — where is Harmony Montgomery and where was she while her stepmother was collecting benefits for her. The girl, he said, during the charges, was “completely unaccounted for” and for weeks, law enforcement agencies at the local, state, and federal level have been trying to find the girl.

“It continues to be an unusual case,” he said. “This is, an approximately 18-month lie, to get welfare benefits for a child who has disappeared, despite a month of around-the-clock efforts … to locate her.”

O’Neill said he believed Kayla Montgomery knew what law enforcement was “closing in on” something else which would make her a future flight risk.

Messer, however, countered O’Neill was not giving her “facts” and investigators had already spoken to Kayla Montgomery about the case.

O’Neill said, that was true — Kayla Montgomery said Adam Montgomery told her that he was bringing the girl to live with her mother the day after Thanksgiving 2019, something that investigators knew was not true. O’Neill made the comments while adding he was trying not to get into the specifics of the investigation. Other witnesses and family members, he said, had been cooperating with the investigation. Harmony Montgomery, O’Neill added, was not with Kayla Montgomery despite her collecting benefits for her.

Messer asked if there was any evidence that Kayla Montgomery knew where the girl was.

O’Neill said, “There is at least one individual who has told Manchester Police Department that he saw Harmony living with Adam and Kayla after that date when Kayla says that Harmony was taken back to her mother.”

Paul Garrity, the defense attorney, said the charges were not ones that would typically lead to someone being held without bail. He pointed to a recent stabbing suspect who was released on personal recognizance bail. Garrity said Kayla Montgomery was not known for not appearing in court and had resolved other charges against, mostly misdemeanors, “and relatively minor,” in the past. The most recent case, in 2015 out of Bedford, was resolved with Kayla Montgomery adhering to all her requirements.

“That case showed that she will show up for her court appearances; that she will comply with court orders, that this court issues,” he said.

Kayla Montgomery, Garrity said, also had ties to the community. He said there was no no-contact order between her and her children although state officials may issue recommendations if she is released to her mother.

“There is no indication that she is a flight risk,” he said.

Garrity said Kayla Montgomery was also working to get into a day rehab program in Nashua. If she was accepted to the program, the attorney would like her to be released on personal recognizance bail. Garrity added she would adhere to all of the requirements raised by the state as part of her bail conditions.

Messer issued a bail order on Monday saying Kayla Montgomery would remain held, on $5,000 cash bail, pending placement into a drug rehab program in Nashua, as which time she will be released on personal recognizance bail.

A dispositional conference hearing is scheduled for Feb. 25 in the case.

Police have been searching for Harmony Montgomery since December 2021 when her birth mother, Crystal Sorey, reached out to Manchester police stating she had not been able to get in touch with her daughter for about two years.

Adam Montgomery is facing second-degree assault and other charges connected to a 2019 incident involving his daughter. He is being held without bail.

A $144,000 reward for information leading to the whereabouts of Harmony Montgomery has been issued by investigators.

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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