cluciano63
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I am hoping that by March LE will have more evidence or information with regards to Kayleigh's murder...
CO CO - Kayleah Wilson, 12, Greeley, 28 March 2010 - #7
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nursebeeme
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just popping in to wish speed upon Kayleah's case! She is always on my mind when a tween goes missing...
kai
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http://www.9news.com/news/article.aspx?storyid=175377&catid=339
GREELEY (AP) - A judge is considering what evidence will be allowed at the trial of an 18-year-old accused of having a sexual relationship with a missing Greeley girl later found dead.
Robert Montoya appeared in court Thursday for a hearing in preparation for his trial in March. He is charged with sexual assault on a child, but hasn't been charged in Kayleah Wilson's death.
More at link
GREELEY (AP) - A judge is considering what evidence will be allowed at the trial of an 18-year-old accused of having a sexual relationship with a missing Greeley girl later found dead.
Robert Montoya appeared in court Thursday for a hearing in preparation for his trial in March. He is charged with sexual assault on a child, but hasn't been charged in Kayleah Wilson's death.
More at link
fran
Former Member
This article is a pretty detailed summary of this case and the people involved.
Such a tragic case. RIP sweet little Kayleah.
fran
http://www.greeleytribune.com/article/20110113/NEWS/701139997/1002&parentprofile=1
Judge review evidence in case of Kayleahs ex-boyfriend
A Weld District Court judge will likely decide later this month on the evidence that could make or break prosecutors case against a Greeley man charged with sexually assaulting a 12-year-old girl who was later found dead after her seven-week disappearance last year.
Robert Montoya, now days away from turning 19 and two months from trial on two counts of sexual assault on a child against Kayleah Wilson, sat Thursday at the defense table in a Weld District Court courtroom, donning glasses and a close-cropped haircut and looking much younger than his jail booking photo.
It was his first appearance in court since his July preliminary hearing. Hes remained in jail on a $100,000 bond.
He is charged with sexually assaulting 12-year-old Kayleah from October 2009, when he was 17, to March 2010, during which time hed turned 18. Though evidence from her mother and brother suggest they knew of only one sexual encounter in the fall, prosecutors believe there was much more. Montoya, himself, told police of several sexual encounters.
<<<<<<<<<<<<<<<more at link>>>>>>>>>>>>>>
Such a tragic case. RIP sweet little Kayleah.
fran
http://www.greeleytribune.com/article/20110113/NEWS/701139997/1002&parentprofile=1
Judge review evidence in case of Kayleahs ex-boyfriend
A Weld District Court judge will likely decide later this month on the evidence that could make or break prosecutors case against a Greeley man charged with sexually assaulting a 12-year-old girl who was later found dead after her seven-week disappearance last year.
Robert Montoya, now days away from turning 19 and two months from trial on two counts of sexual assault on a child against Kayleah Wilson, sat Thursday at the defense table in a Weld District Court courtroom, donning glasses and a close-cropped haircut and looking much younger than his jail booking photo.
It was his first appearance in court since his July preliminary hearing. Hes remained in jail on a $100,000 bond.
He is charged with sexually assaulting 12-year-old Kayleah from October 2009, when he was 17, to March 2010, during which time hed turned 18. Though evidence from her mother and brother suggest they knew of only one sexual encounter in the fall, prosecutors believe there was much more. Montoya, himself, told police of several sexual encounters.
<<<<<<<<<<<<<<<more at link>>>>>>>>>>>>>>
kai
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http://www.thedenverchannel.com/news/26487195/detail.html
"The mother of a slain 12-year-old Greeley girl talked again Thursday about the first time she learned her daughter was having sex with an 18-year-old who was living in the same apartment."
"Jamison portrayed Montoya as having emotional or mental issues and said he was a "cutter" -- someone who cuts himself on purpose with a knife. He related an instance in which they argued and Montoya went to the family kitchen and got a 6-inch knife and cut himself around the eyebrow and tried cut his wrist before Mackenzie could stop him. Mackenzie said Montoya confided he and Kayleah had a sexual relationship."
More at link
"The mother of a slain 12-year-old Greeley girl talked again Thursday about the first time she learned her daughter was having sex with an 18-year-old who was living in the same apartment."
"Jamison portrayed Montoya as having emotional or mental issues and said he was a "cutter" -- someone who cuts himself on purpose with a knife. He related an instance in which they argued and Montoya went to the family kitchen and got a 6-inch knife and cut himself around the eyebrow and tried cut his wrist before Mackenzie could stop him. Mackenzie said Montoya confided he and Kayleah had a sexual relationship."
More at link
kai
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Adding random information and opinions...
Last week we stopped where Kayleah's body was found. IIRC when her body was found it was questioned why people at the nearby business seen on Google Earth didn't smell anything. This business is closed and abandoned and is for sale. I don't know if this was the case when Kayleah was found, but for me it answered the question of "IF" she had been there for 2 months, why no one on a smoke break may have discovered her.
Second, my DH traced the irrigation ditch on google earth when Kayleah was found and saw a strange concrete square in the middle of the neighorhood nearby. On the map it looked like it was a place where a body could be put into the drainage system. We actually went TO the concrete area in the neighborhood last week and discovered that yes, a body might fit in there, but the lock and grate that were on there were very rusty and looked like they hadn't ever been opened. This opening sits along a paved walking path in the middle of 2 homes and is easily accesible from the road.
After seeing this area in person and not just "from memory" in my head- my current opinion (subject to change
) is that Kayleah's body was left in the trees, grassy, weeded, overgrown areas near the irrigation ditch and that it was probably washed into or near the ditch when the huge rainstorm the day before occured. My DH seems to think that she was placed IN the ditch at that opening and was washed out from the rain.
I still would like to know her cause of death and how it was determined so quickly when she was found. IIRC the officers on site knew immediately what the COD was without an autopsy. I don't know much about decomp etc... (nor do I want to!) but I suppose the investigators are holding this information close for a reason.
RIP Kayleah, you are not forgotten~~~:angel:
Last week we stopped where Kayleah's body was found. IIRC when her body was found it was questioned why people at the nearby business seen on Google Earth didn't smell anything. This business is closed and abandoned and is for sale. I don't know if this was the case when Kayleah was found, but for me it answered the question of "IF" she had been there for 2 months, why no one on a smoke break may have discovered her.
Second, my DH traced the irrigation ditch on google earth when Kayleah was found and saw a strange concrete square in the middle of the neighorhood nearby. On the map it looked like it was a place where a body could be put into the drainage system. We actually went TO the concrete area in the neighborhood last week and discovered that yes, a body might fit in there, but the lock and grate that were on there were very rusty and looked like they hadn't ever been opened. This opening sits along a paved walking path in the middle of 2 homes and is easily accesible from the road.
After seeing this area in person and not just "from memory" in my head- my current opinion (subject to change
) is that Kayleah's body was left in the trees, grassy, weeded, overgrown areas near the irrigation ditch and that it was probably washed into or near the ditch when the huge rainstorm the day before occured. My DH seems to think that she was placed IN the ditch at that opening and was washed out from the rain. I still would like to know her cause of death and how it was determined so quickly when she was found. IIRC the officers on site knew immediately what the COD was without an autopsy. I don't know much about decomp etc... (nor do I want to!) but I suppose the investigators are holding this information close for a reason.
RIP Kayleah, you are not forgotten~~~:angel:
kai
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http://www.greeleytribune.com/article/20110128/NEWS/701289969/1005&parentprofile=1
Quotes/BBM from above article
"Each time, officers reported they questioned him about Kayleah's disappearance, where he thought she might be and collected evidence, as well as DNA and fingerprint samples from him."
"Montoya provided police with two pages that were torn from Kayleah's diary, and he even agreed to take a lie detector test in which police say he was telling the truth when questioned if he knew where she was. Police, however, never told him how he did on the test."
"Early on, Montoya told police he had searched for the girl himself.
He said there were places around town where he'd spent time with her, and he said he checked those places himself, detective Matt Walsh said of a conversation he had with Montoya on March 29. The wooded area south of Centerplace Drive, east of Centerplace, the Greeley West park and an area down by the old Kmart off of 29th Street.
Walsh said Montoya called him the next day to ask if police had found Kayleah."
Quotes/BBM from above article
"Each time, officers reported they questioned him about Kayleah's disappearance, where he thought she might be and collected evidence, as well as DNA and fingerprint samples from him."
"Montoya provided police with two pages that were torn from Kayleah's diary, and he even agreed to take a lie detector test in which police say he was telling the truth when questioned if he knew where she was. Police, however, never told him how he did on the test."
"Early on, Montoya told police he had searched for the girl himself.
He said there were places around town where he'd spent time with her, and he said he checked those places himself, detective Matt Walsh said of a conversation he had with Montoya on March 29. The wooded area south of Centerplace Drive, east of Centerplace, the Greeley West park and an area down by the old Kmart off of 29th Street.
Walsh said Montoya called him the next day to ask if police had found Kayleah."
MsFacetious
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Police took Montoya to North Colorado Medical Center, and he was put on a 72-hour psychiatric hold.
The next day, Morgan and another officer visited Montoya at an adult treatment unit to collect fingerprints and palm samples. Morgan said Montoya was in good spirits, as if he were relieved to be there.
He then provided officers with a written statement detailing information on which police had questioned him, Morgan said.
http://www.greeleytribune.com/article/20110128/NEWS/701289969/1005&parentprofile=1
Hopefully I don't offend too many people... :waitasec:
So the officers took a written statement from this guy, while he was in an adult treatment unit in a psych ward on a 72 hour hold? Is that what I'm understanding here?
If they did, the defense attorney has a good chance of getting that thrown out.
It was the police who decided that he was unstable or unbalanced enough to need the 72 hour old in the first place.
So the police didn't believe he was stable and balanced enough to walk around in public, or to go home alone.
Well, then he wasn't stable and balanced enough to be talking to law enforcement alone.
He should have been assumed incompetent to make that decision until he was released, or an attorney should have been present. Now it may get thrown out and it sounds like that is a large chunk of their case.
Was he medicated, is that why he was in such "good spirits?" That'd probably seal the deal and ensure the statement was thrown out.
On the psych ward and on medication... definitely not competent to waive your right to remain silent. He is an 18 year old being kept in a place without shoelaces or sharp objects, where he cannot leave unattended. Yet he can decide "Yes, even though I'd just really like a sharp object right now... I waive my right to self incrimination knowing what I tell you might get me a bunch of prison time. At least I can get sharp objects there."
Either he was unstable and unbalanced or he wasn't... you can't have it both ways. :waitasec:
Sorry... having witnessed a psych ward firsthand this is totally absurd to me. Even the healthiest people there shouldn't have been given a statement to police which could put them away for the rest of their life.
The next day, Morgan and another officer visited Montoya at an adult treatment unit to collect fingerprints and palm samples. Morgan said Montoya was in good spirits, as if he were relieved to be there.
He then provided officers with a written statement detailing information on which police had questioned him, Morgan said.
http://www.greeleytribune.com/article/20110128/NEWS/701289969/1005&parentprofile=1
Hopefully I don't offend too many people... :waitasec:
So the officers took a written statement from this guy, while he was in an adult treatment unit in a psych ward on a 72 hour hold? Is that what I'm understanding here?
If they did, the defense attorney has a good chance of getting that thrown out.
It was the police who decided that he was unstable or unbalanced enough to need the 72 hour old in the first place.
So the police didn't believe he was stable and balanced enough to walk around in public, or to go home alone.
Well, then he wasn't stable and balanced enough to be talking to law enforcement alone.
He should have been assumed incompetent to make that decision until he was released, or an attorney should have been present. Now it may get thrown out and it sounds like that is a large chunk of their case.
Was he medicated, is that why he was in such "good spirits?" That'd probably seal the deal and ensure the statement was thrown out.
On the psych ward and on medication... definitely not competent to waive your right to remain silent. He is an 18 year old being kept in a place without shoelaces or sharp objects, where he cannot leave unattended. Yet he can decide "Yes, even though I'd just really like a sharp object right now... I waive my right to self incrimination knowing what I tell you might get me a bunch of prison time. At least I can get sharp objects there."
Either he was unstable and unbalanced or he wasn't... you can't have it both ways. :waitasec:
Sorry... having witnessed a psych ward firsthand this is totally absurd to me. Even the healthiest people there shouldn't have been given a statement to police which could put them away for the rest of their life.
kai
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Cut/BBM
Interesting train of thought and great points!!! Definitely thoughts to ponder and not good for LE if Montoya is Kayleah's killer.
Texas Mist
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Defense: Kayleah family holding boyfriend accountable for death
Defense trying to throw out previous statements by Montoya
Tuesday, February 22, 2011
A defense attorney for the man accused of sexually assaulting Kayleah Wilson before she disappeared last spring said the Wilson family is using the sexual assault case to hold him responsible for the girls death.
In a third day of hearings on pre-trial motions, attorneys on Tuesday argued what evidence should be admitted in the upcoming trial of Robert Montoya, who is charged with two counts of sexual assault against Kayleah Wilson. One charge involves a pattern of abuse.
http://www.greeleytribune.com/article/20110222/NEWS/702229982/1005&parentprofile=1001
Defense trying to throw out previous statements by Montoya
Tuesday, February 22, 2011
A defense attorney for the man accused of sexually assaulting Kayleah Wilson before she disappeared last spring said the Wilson family is using the sexual assault case to hold him responsible for the girls death.
In a third day of hearings on pre-trial motions, attorneys on Tuesday argued what evidence should be admitted in the upcoming trial of Robert Montoya, who is charged with two counts of sexual assault against Kayleah Wilson. One charge involves a pattern of abuse.
http://www.greeleytribune.com/article/20110222/NEWS/702229982/1005&parentprofile=1001
DeepThinker
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http://www.greeleytribune.com/article/20110308/NEWS/703089975/1051&ParentProfile=1001
Judge: Montoyas admissions of sex assault admissible
A Weld District Court judge has refused to throw out the confession of a Greeley man accused of sexually assaulting a 12-year-old girl last year before her death.
Judge: Montoyas admissions of sex assault admissible
A Weld District Court judge has refused to throw out the confession of a Greeley man accused of sexually assaulting a 12-year-old girl last year before her death.
kai
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http://www.denverpost.com/news/ci_17661039
snipped from above article
Robert Laurencio Montoya, 19, will be fighting allegations he sexually assaulted Wilson before she vanished last March 28 while on her way to a birthday party near the Greeley Mall.
Kayleah's body was found May 19 in a Greeley irrigation ditch after a two- month search by police and the FBI. Police say she was killed and her body dumped in the water.
Montoya is not a suspect, but he is still considered a person of interest in Kayleah's murder, said Greeley police spokesman Joe Tymkowych.
Montoya also was with his family the day she disappeared, Strobel said.
snipped from above article
Robert Laurencio Montoya, 19, will be fighting allegations he sexually assaulted Wilson before she vanished last March 28 while on her way to a birthday party near the Greeley Mall.
Kayleah's body was found May 19 in a Greeley irrigation ditch after a two- month search by police and the FBI. Police say she was killed and her body dumped in the water.
Montoya is not a suspect, but he is still considered a person of interest in Kayleah's murder, said Greeley police spokesman Joe Tymkowych.
Montoya also was with his family the day she disappeared, Strobel said.
kai
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http://www.greeleytribune.com/article/20110321/NEWS/703219994/1005&parentprofile=1001
snipped from above article
"Jury members reported to the court house early Monday morning, to fill out questionnaires about the case. Those who are not excused because of the questionnaires, with be questioned by the judge and lawyers in the case.
Judge Marcelo Kopcow said they expect opening remarks by lawyers sometime Tuesday."
snipped from above article
"Jury members reported to the court house early Monday morning, to fill out questionnaires about the case. Those who are not excused because of the questionnaires, with be questioned by the judge and lawyers in the case.
Judge Marcelo Kopcow said they expect opening remarks by lawyers sometime Tuesday."
Trial begins for man accused of sexually assaulting 12-year-old Kayleah Wilson
Tuesday, March 22, 2011
Testimony began Tuesday against the man accused of having sex with a 12-year-old Greeley girl who later became the victim of an apparent homicide.
Attorneys spent almost two days picking a jury in the case against Robert Montoya, 19, on trial for two counts of sexual assault, one involving a pattern of abuse.
More at:
http://www.greeleytribune.com/article/20110322/NEWS/703229984/1051&ParentProfile=1001
Witnesses in Montoya sex assault trial struggle with timelines
Wednesday, March 23, 2011
Witnesses involved in the sexual assault trial of a Greeley man accused of having sex with a 12-year-old girl spent Wednesday struggling to remember events and the time frames in which they occurred during the last few months of her life.
In a case where timing is everything especially when it comes to determining whether Robert Montoya, now 19, had sex with 12-year-old Kayleah Wilson before or after his 18th birthday in January 2010 jurors may have a difficult time.
More at:
http://www.greeleytribune.com/article/20110323/NEWS/703239976&parentprofile=search
Tuesday, March 22, 2011
Testimony began Tuesday against the man accused of having sex with a 12-year-old Greeley girl who later became the victim of an apparent homicide.
Attorneys spent almost two days picking a jury in the case against Robert Montoya, 19, on trial for two counts of sexual assault, one involving a pattern of abuse.
More at:
http://www.greeleytribune.com/article/20110322/NEWS/703229984/1051&ParentProfile=1001
Witnesses in Montoya sex assault trial struggle with timelines
Wednesday, March 23, 2011
Witnesses involved in the sexual assault trial of a Greeley man accused of having sex with a 12-year-old girl spent Wednesday struggling to remember events and the time frames in which they occurred during the last few months of her life.
In a case where timing is everything especially when it comes to determining whether Robert Montoya, now 19, had sex with 12-year-old Kayleah Wilson before or after his 18th birthday in January 2010 jurors may have a difficult time.
More at:
http://www.greeleytribune.com/article/20110323/NEWS/703239976&parentprofile=search
kai
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It is very frustrating to read April Wilson's testimony and her timeline changes. I have been searching through the old threads to see if someone had transcribed the Today Show interview that was done with her at the earlier part of this case. (I can't find it but I don't know if I am even using the search feature correctly.) I think it was in this interview that April Wilson first spoke publicly about finding out about the relationship between Robert and Kayleah. I would like to find it/watch it to see if her timeline then matches her timeline now. IIRC it was this interview where April Wilson first spoke ending the relationship between Robert and Kayleah. I think it is very possible that the jury might have a hard time with the testimony and how it applies to the written law that Robert is on trial for.
I am not defending Robert by any means. If he broke the law, he needs to do the time. I just am worried that the timelines that are coming out now are not the same as they were at the begining of the case. My heart goes out to the Wilson family and I can't imagine their frustration of not having someone charged with the murder of Kayleah. I just don't want to see anyone rearranging a timeline to match up with this specific charge on Montoya in order to put him behind bars. To me that just isn't right.
I also wonder if the prosecution or the defense will show the video that April Wilson allegedly took of Robert & Kayleah wrestling around in the apartment together. I can't remember the date on that video either but it might be important for either side to use I suppose.
I wish I was well enough to go attend the trial. I am on bedrest and just wish I could go sit in the courtroom for a day or two.
I am not defending Robert by any means. If he broke the law, he needs to do the time. I just am worried that the timelines that are coming out now are not the same as they were at the begining of the case. My heart goes out to the Wilson family and I can't imagine their frustration of not having someone charged with the murder of Kayleah. I just don't want to see anyone rearranging a timeline to match up with this specific charge on Montoya in order to put him behind bars. To me that just isn't right.
I also wonder if the prosecution or the defense will show the video that April Wilson allegedly took of Robert & Kayleah wrestling around in the apartment together. I can't remember the date on that video either but it might be important for either side to use I suppose.
I wish I was well enough to go attend the trial. I am on bedrest and just wish I could go sit in the courtroom for a day or two.
tezi
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Montoya Guilty in Sexual Assault of Kayleah Wilson...
GREELEY, Colo. -- A jury Friday found Robert Montoya, 19, guilty in the sexual assault of 12-year-old Kayleah Wilson.Wilson's body was found in May 2010, nearly two months after she disappeared on her way to a birthday party. Her body was found in a drainage ditch.
~~~SNIP~~~
http://www.thedenverchannel.com/news/27324425/detail.html
GREELEY, Colo. -- A jury Friday found Robert Montoya, 19, guilty in the sexual assault of 12-year-old Kayleah Wilson.Wilson's body was found in May 2010, nearly two months after she disappeared on her way to a birthday party. Her body was found in a drainage ditch.
~~~SNIP~~~
http://www.thedenverchannel.com/news/27324425/detail.html
DeepThinker
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Another article from the local paper:
http://www.greeleytribune.com/article/20110325/NEWS/703259995/1051&ParentProfile=1001
---snip---
Montoya, now 19, could face from eight years to life in prison for the conviction on sexual assault on a child and sexual assault on a child involving a pattern of abuse.
http://www.greeleytribune.com/article/20110325/NEWS/703259995/1051&ParentProfile=1001
---snip---
Montoya, now 19, could face from eight years to life in prison for the conviction on sexual assault on a child and sexual assault on a child involving a pattern of abuse.
cluciano63
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http://www.greeleytribune.com/article/20110603/NEWS/706039982/1005&parentprofile=1001
He was sentenced to 8 years...followed by 20 or more years on parole...still not named a suspect in her murder.
He was sentenced to 8 years...followed by 20 or more years on parole...still not named a suspect in her murder.
cluciano63
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This case probably needs to be moved, but I don't know where it would belong. No one is awaiting trial for her murder, or even known to be a suspect. I think LE beleives they have their murderer behind bars, but may never be able to prove it.