CO CO - Kayleah Wilson, 12, Greeley, 28 March 2010 - #6

[PickieChickie]

I'm not a lawyer, but I believe the pattern of abuse charge is because the sexual assaults were repeated many times over an extended period of time.

IIRC, from the affidavit, April didn't suspect the sexual assaults were occurring until December, and didn't know for sure until January. It appears to me that in October, she thought RM and Kayleah were just friends. I can't swear to that yet though - I only read the affidavit once so far. It's too upsetting to go for my second read yet.

Can you please provide a link to the affidavit?

 

[BeanE]

Re-posting RM's arrest affidavit for those just joining in (and so I can keep it handy for myself lol).

http://www.9news.com/pdfs/Montoya_affidavit.pdf

 

[PickieChickie]

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[trigger]

I'm not a lawyer, but I believe the pattern of abuse charge is because the sexual assaults were repeated many times over an extended period of time.

IIRC, from the affidavit, April didn't suspect the sexual assaults were occurring until December, and didn't know for sure until January. It appears to me that in October, she thought RM and Kayleah were just friends. I can't swear to that yet though - I only read the affidavit once so far. It's too upsetting to go for my second read yet.

OK thanx..

 

[lilcatt]

:doh:

Considering why he was kicked out of his own home, maybe she didn't want to see him in trouble and figured she could keep them apart.

I just came back on and was reading the posts. April found out in Dec that RM and Kayleah were having sex and she didn't want to see him in trouble. Man if I found that out about my 12 year old and an adult I knew, the least I would do would have him arrested, that is after I cut his balls off.

 

[manybooks]

I haven't had time to really look through this site yet. I have no idea where it came from, who is the moderator, etc. Very interesting.

http://justiceforkayleah.com/forums/index.php

 

[cluciano63]

OK this makes it pretty clear to me that April was revealing this info for the first time when she told it to the police after Kayleah went missing. Nothing is said about any of this being reported prior. Also it seems to say that this info surfaced "during the next two weeks" when extensive interviews were being given, so may not have even told this info at once in 3/28 or 3/29. Still, LE had this info sometime in mid-April at latest and did nothing, even though RM had confessed to April that he and K had been having a sexual relationship for some time. I don't think they would have needed physical evidence at this point to charge him; there is seldom physical evidence in these cases, yet cases are charged all the time and it is up to the courts or jury to decide the truth. So I wonder why he was not charged until she was found? Did they already suspect she was dead? And what did he tell LE on 2/19 when peeping into school, I wonder?

I think they have every intention of charging RM with murder and just used the sex charges to take him into custody on 5/19 when her body was found. If there is any physical evidence on her body that points to him, that will make their case.

This is my opinion. I don't know for sure when LE learned that RM is a sex offender, but it sounds to me that they learned this sometime after K was missing.

 

[panthera]

Re-posting RM's arrest affidavit for those just joining in (and so I can keep it handy for myself lol).

http://www.9news.com/pdfs/Montoya_affidavit.pdf

What I find very disturbing is the revelation that Montoya and his sister were sent to live with Kayleah's family due to his mother wanting to have a relationship with a RSO. :furious: MOO

 

[fabvab]

OK, we are getting carried away...talking police conspiracy now. True, we don't know that Kayleah's mom did not report RM's abuse of her daughter prior to Kayleah going missing, but IMO, it is more likely she did not report it than it is that LE is doing a cover-up. JMO

I think the foster care angle is possible...as a reason not to report it...

IMO the mom did not report it. Look at the history here...foster care...parties on video showing the mom present. I am not blaming the mom...but it appears there is a lack of parenting skills.

 

[cluciano63]

Well, I guess it's better than keeping the kids in the house while she lives with a sex offender...jmo

There may be more to that story as well...RM could have used that as a reason why he had to come stay with the Wilson's...do we know for sure his mom lives with that guy? And that is why RM had to move?

 

[panthera]

Well, I guess it's better than keeping the kids in the house while she lives with a sex offender...jmo

There may be more to that story as well...RM could have used that as a reason why he had to come stay with the Wilson's...do we know for sure his mom lives with that guy? And that is why RM had to move?

Well, I'd think Kayleah's mother would've checked out the story, since it was both him and his sister who moved in. And it seems LE has the name of the RSO. MOO

 

[cluciano63]

I did not see where the sister moved in...was that stated?

 

[panthera]

I did not see where the sister moved in...was that stated?

It's in the same paragraph where it refers to him moving in and the sister is referred to as Roxanne Montoya's daughter.

 

[cluciano63]

It's in the same paragraph where it refers to him moving in and the sister is referred to as Roxanne Montoya's daughter.

it says both kids were asked to move out but it say Robert moved in...I don't see where it says both moved in with Wilson family?

 

[fabvab]

Even if she had reported him what type of proof would LE need to proceed?
Do they just take a report and wait for more evidence?

Surely they don't arrest someone for "having sex with a minor" without something more than hearsay?

and what if Kayleah and RM both deny it?

Seems like it would be too easy to cause trouble for people if they could make an arrest based on something the mother said. or even said she "saw".

I wonder how that really works...

I'll speak for my state...

I made a report to DCFS (Dept. Children/Family Services) of of sexual abuse involving a female minor and a step parent. Since it involved sexual abuse it was investigated by the State Police Family Protection Unit. They interviewed/investigated and wrote up the report. A "true finding" of abuse will be turned over to a Prosecuting Attorney. They did ensure the child was not around the offender during this time. (Mom did move out.)

Any true reports of abuse on a minor (sexual, physical, neglect, etc.) are reported to the school. The report which names the offender is to be placed in the child's permanent folder to help protect them from any further abuse by this person. This law came about because of a child who was murdered by someone who had already physically abused them.

 

[PickieChickie]

IMO the mom did not report it. Look at the history here...foster care...parties on video showing the mom present. I am not blaming the mom...but it appears there is a lack of parenting skills.

Once a mom has had a child taken away and put in foster care, the last thing she wants is getting the county back into her business again. It's devastating to have a child removed and the BS a Mom has to go through to get their child back is enough to make them totally despise authority figures.

 

[cluciano63]

Once a mom has had a child taken away and put in foster care, the last thing she wants is getting the county back into her business again. It's devastating to have a child removed and the BS a Mom has to go through to get their child back is enough to make them totally despise authority figures.

I think this, sadly, may have been a factor if April did not report RM's sexual assaults on Kayleah to authorities. Even if she did not despise LE, per se, she surely feared their power to take K away if her home was determined to be unsafe for a 12-yr old girl. I'm not sure taking RM in, in itself, was such a horrible thing, but once the relationship turned into something sinister/sexual/illegal, that is when it became something criminal and K's mom was probably scared and tried to handle it herself.

I am just so sad about this girl that I guess I am angry for a number of reasons on her behalf.

I feel like LE suspected RM in K's disappearance as soon as they heard about him, yet left him free to possibly commit sexual crimes against other young girls in the community, and warned no one. His arrest came when it was convenient for LE, but what if he had raped another young girl during those 7 weeks? And if LE had learned of his acts before 3/28, he might have been in custody and Kayleah might never have been killed, if indeed he is guilty of her murder.

It's like a system failure on a bunch of levels to me...his family situation was a mess, apparently which caused him to end up within their family home, etc...and downhill from there...

 

[fabvab]

Once a mom has had a child taken away and put in foster care, the last thing she wants is getting the county back into her business again. It's devastating to have a child removed and the BS a Mom has to go through to get their child back is enough to make them totally despise authority figures.

Yes, that is what I meant when I said there was the history of foster care. Mom might have been scared about what they would have said.

 

[PickieChickie]

I think this, sadly, may have been a factor if April did not report RM's sexual assaults on Kayleah to authorities. Even if she did not despise LE, per se, she surely feared their power to take K away if her home was determined to be unsafe for a 12-yr old girl. I'm not sure taking RM in, in itself, was such a horrible thing, but once the relationship turned into something sinister/sexual/illegal, that is when it became something criminal and K's mom was probably scared and tried to handle it herself.

I am just so sad about this girl that I guess I am angry for a number of reasons on her behalf.

I feel like LE suspected RM in K's disappearance as soon as they heard about him, yet left him free to possibly commit sexual crimes against other young girls in the community, and warned no one. His arrest came when it was convenient for LE, but what if he had raped another young girl during those 7 weeks? And if LE had learned of his acts before 3/28, he might have been in custody and Kayleah might never have been killed, if indeed he is guilty of her murder.

It's like a system failure on a bunch of levels to me...his family situation was a mess, apparently which caused him to end up within their family home, etc...and downhill from there...

And what sort of mother makes her children move out of her home so she can have a relationship with a registered sex offender? It is obvious this young man's mother has a twisted view of what being a mother entails.

 

[BeanE]

Once a mom has had a child taken away and put in foster care, the last thing she wants is getting the county back into her business again. It's devastating to have a child removed and the BS a Mom has to go through to get their child back is enough to make them totally despise authority figures.

Was Kayleah removed? I'd seen she was in foster care for a few months, but not that she'd been removed.

I knew a couple with kids. Mom had to go in the hospital for an extended period of time, dad traveled for his job, they had no relatives, not enough money to pay a nanny, so they put the kids voluntarily in foster care.