MANCHESTER — The attorneys for accused murderer Adam Montgomery can raise the issue of marital privilege during his trial starting next week for items not already ruled upon, a judge said Friday.
Defense attorney Caroline Smith said it was hard for her to cite specific examples between Adam Montgomery and his estranged wife, Kayla, that prosecutors might try to introduce, such as social media posts.
“There’s so much out there, so much that I can’t imagine that the state would be even seeking to introduce that no, I can’t specify,” Smith said during a 95-minute pre-trial hearing in Hillsborough County Superior Court.
Montgomery, 34, is charged with second-degree assault for allegedly causing bodily injury to his 5-year-old daughter Harmony between July 1 and July 22, 2019, including a black eye, and with second-degree murder in connection with her death in December 2019.
Adam Montgomery also faces charges of abuse of a corpse, falsification of evidence and witness tampering.
Judge Amy Messer said defense attorneys could object to certain testimony or evidence on the marital privilege grounds in the murder case, but she also reiterated what areas already were ruled fair game.
“You understand the court’s view and you don’t disagree, I think, on the issues of … where Kayla is the injured or suffering party as it relates to the witness tampering and abuse, neglect and the allegations of homicide related to Harmony … those would not be covered by the marital privilege either or the evidence that relates to that.”’
“I would agree,” Smith said.
Marital privilege protects certain private spousal communications and prevents testimony against a spouse from being used in judicial proceedings.
Adam Montgomery refused transport to the courthouse to attend the hearing.
Jury selection starts Tuesday and could spill into Wednesday.
Jurors will hear opening statements and statements regarding what to expect on a view of several important places related to the trial. They also will hear the judge’s instructions before heading out on the view itself.
Prosecutor Ben Agati said the jury would stop at the Colonial Village Apartments, where Montgomery’s family lived for two weeks in two cars in the parking lot in November and December 2019; and at the intersection of Elm and Webster streets in Manchester.
The jury also would drive by a methadone clinic on Market Street and drive to the parking lot of a Burger King in the city’s North End and also slow down to pass 644 Union St., where Adam Montgomery allegedly tried to dispose of his daughter’s corpse inside an apartment in February 2020.
Prosecutors pared their witness list of more than 200 by about 30, Agati said.
Witnesses include a former foster mother of Harmony’s to testify about “Harmony’s ability to use the bathroom” and control her bodily functions, Agati said.
The judge said her testimony is not about “getting the jury’s sympathy.”
Adam Montgomery reportedly said the girl soiling her pants made him angry.
An employee with the U.S. Marshals Service also compiled a map using information from Google to plot GPS locations for Adam and Kayla Montgomery as well as using WiFi locations to track their movements.
