×

Judge grants defense motion to release Kayla Montgomery on unsecured $5K bond

MANCHESTER — The stepmother of a missing New Hampshire girl accused of lying that the child was living with her to collect welfare benefits has been released from jail on unsecured bond.

Kayla Montgomery, 31, was released Friday evening from Valley Street jail, the result of a bail order written earlier in the day by Hillsborough County Superior Court North Judge Amy B. Messer.

The order came down the day after a bail hearing at which Senior Assistant Attorney general Jesse O’Neill, who is prosecuting the case, and Attorney Paul Garrity, who is representing Montgomery, presented their respective arguments to Messer.

Montgomery, arrested in early January on charges accusing her of theft, welfare fraud and receiving stolen property, had since been held in jail on $5,000 cash or surety bail. But Messer amended the bail order to an unsecured $5,000 bond, meaning Montgomery isn’t required to post the $5,000, but she could risk being liable for it if she doesn’t abide by the terms of the order.

Those include a requirement that she check in daily at police headquarters, continue receiving substance use disorder treatment, generally remain on good behavior, and have no contact with Adam Montgomery, her estranged husband who is believed to be the last person to see his daughter Harmony Montgomery before she disappeared more than two years ago.

Adam Montgomery remains in jail as his case proceeds in court. He was also arrested in January, charged with assault for allegedly hitting Harmony in the face and with stolen firearms allegations.

Neither Adam or Kayla Montgomery have been charged with any offenses directly related to Harmony’s disappearance.

Messer, in issuing her order, agreed with Garrity that Kayla Montgomery should be released on personal recognizance bail because the nature of the charges against her almost never lead to incarceration.