Prosecutor Benjamin Agati had to seek a material witness order for Giles’s arrest after she failed to appear under a subpoena.

Giles texted a witness coordinator that she did not want to appear on camera. The proceedings have been streamed live by Court TV and other outlets, including WMUR. Prosecutors told her the cameras couldn’t be turned off.

“When I came in to talk to you guys there was no mentioned of anything being videoed or anything like that and I m sorry but I cannot do it I understand if you have to put a warrant out for me but I m not putting mine and my children s life on the line,” she wrote in a text message.

Adam Montgomery, 34, is charged with second-degree murder in connection with Harmony’s death in December 2019.

Montgomery has not been in court since the first day of jury selection, waiving his right to appear at Hillsborough County Superior Court in Manchester for the eighth day in a row. Some members of the jury — 14 women and three men — have not seen Montgomery in person.

Messer on Friday ordered the media to not show Giles’s face on video or in still photography: “Based upon some information that I have learned I am going to order that the cameras not be on the witness’s face.”

Giles was one of eight witnesses to take the stand on Friday.

She lived at the Families in Transition facility on Lake Avenue at the same time as Adam Montgomery and his wife, Kayla.

Giles said she often saw Kayla Montgomery with bruises on her face, abdomen, arms and legs.

“There was a new one pretty much every day,” she said.

Giles also testified about visiting the Montgomerys apartment at 644 Union St. in Manchester and seeing the living room torn apart and the lights hanging from the ceiling.

“He assumed the owners were spying on him and listening to his conversations,” she said.

Confronting witnesses

The largest challenge prosecutors Agati and Christopher Knowles face is the fact that Harmony’s remains have never been recovered. But another issue seems to be getting witnesses to cooperate.

Giles said she wanted nothing to do with the investigation in June of 2022, but voluntarily spoke with police last month.

“I am a mother and feel for Harmony’s family,” Giles said.

Messer told the jury that some of Giles’s testimony can only be used to determine the credibility of Kayla Montgomery’s testimony.

“So the prior consistent statements can be used only for determining the credibility of the witness when the witness’s credibility has been attacked,” Messer said.

On Tuesday, Anthony Bodero took the stand under immunity after refusing to provide testimony “on the basis of his privilege against self-incrimination.”

Messer wrote in an order that Bodero’s testimony is “necessary to the public interest.”

Bodero testified he sold drugs to the Montgomerys, who paid either in cash or food stamps.

“I would give them half of whatever they gave me in food stamps,” he testified.

Following tips

Another challenge for prosecutors is the continuing investigation into the whereabouts of Harmony’s remains. Police still have a dedicated tip line available 24/7.

Agati said a woman contacted the tip line after following the trial for several days. Detective Max Rahill interviewed her.

Police Chief Allen Aldenberg said Friday he cannot comment on the specific call.

“The tip line is always open,” he confirmed.

Public defender Caroline Smith said she also may ask Kayla Montgomery’s lawyer, Paul Garrity, to take the stand.The jury has yet to hear from Detective Jack Dunleavy, who was the lead investigator on the case.

A rented U-Haul

On Friday, Travis Beach testified about helping Adam Montgomery rent a U-Haul van in March 2020. He spoke of Montgomery’s paranoia just after handing him the keys.

“He was pacing back and forth. He said, he eff’d up,” he said. “I asked him what he meant and all he could say in repeat was he eff’d up.”

The van was driven south on a 133-mile round trip on March 4, 2020, according to records shown in court on Thursday.

Earlier in the trial, Kayla Montgomery said her now-estranged husband wanted to rent a U-Haul in someone else’s name because he didn’t want to be tracked.

Beach said a group of people were using crack cocaine at the Econo Lodge in Manchester before Adam Montgomery took off in the U-Haul. Beach did not see the U-Haul drive off but said he knew it was still dark outside.

Knowles asked about messages exchanged on Facebook asking whether the U-Haul was dropped off on South Willow Street.

“Please don’t message me stuff like this on FB again,” Adam Montgomery responded.

Adam Montgomery is being held at the state prison in Concord, where he is serving a minimum of 32 years in prison after being convicted of six unrelated felony weapons charges last year.

Montgomery is also charged with second-degree assault for allegedly causing Harmony bodily injury, including a black eye, between July 1 and July 22, 2019, abuse of corpse, falsifying evidence and witness tampering.

The prosecution’s case is expected to resume on Tuesday morning. Messer told the jury the trial could wrap up by the end of the week. It originally was expected to run to the end of the month.

jphelps@unionleader.com