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Montgomery
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MURDER CASE SET IN '09
Jury trial scheduled in Zhang case
BY ELLEN BILTZ
Date published: 9/17/2008
BY ELLEN BILTZ
Jermaine Lamonte Montgomery, the man charged with capital murder in the stabbing death of a Chinese food deliveryman, will be tried by a jury next summer, a Spotsylvania County judge said yesterday.
The two-week trial is scheduled to take place Aug. 31-Sept. 11. That includes a three-day break in between for Labor Day weekend.
Yesterday in Spotsylvania Circuit Court, the 34-year-old Montgomery was arraigned and pleaded not guilty to charges of capital murder, abduction and robbery.
One of Montgomery's defense attorneys, Joe Flood, said he would need a year to prepare the case and asked Judge David H. Beck to set the trial for three weeks. Commonwealth's Attorney Bill Neely said he believed seven days was all that was needed to present the evidence and allow the jury to deliberate.
Neely said the case was based on so much factual evidence, he believed it would be a quicker case than many jury trials.
Flood told Beck that he already knows of at least 40 people who could be called as defense witnesses in the case, but Beck settled on a two-week period for the case to be heard.
A motions hearing was also set for Dec. 17. That is expected to be the next date Montgomery will appear in court.
Montgomery was charged with capital murder last month after police said new evidence in the July 3 slaying of Yong Hui Zhang indicated Spotsylvania was where Zhang was stabbed to death.
Montgomery had previously been held on other related charges in Fredericksburg, but those were dropped when he was indicted on the capital murder charge in Spotsylvania.
Montgomery's girlfriend, Marcey Odessa White, 36, who police have said was an accomplice in Zhang's disappearance, is still being held on Fredericksburg charges of abduction, credit card theft and carjacking.
White, who is not charged with murder, is expected to testify against her boyfriend.
Ellen Biltz: 540/374-5424
Email: ebiltz@freelancestar.com
Read more stories about Spotsylvania
Date published: 9/17/2008
Most recent reader comments:
Missy said nothing in addition to White's charges...
(posted by
Aidia
, Sep. 17, 2008 2:54 pm)
White has been charged with abduction, credit card theft and carjacking. During some felonies (like this), when a co-felon commits a murder, co-felons are guilty of that murder, unless it happens after the the felony is concluded, or is incredibly foreseeable or if the person killed was a co-felon. So, we can assume safely from the charges that she could be charged with felony murder. I would like to know why her testimony is needed bad enough to not charge her with felony murder.
40 Witnesses?
(posted by
ivosphere
, Sep. 17, 2008 2:48 pm)
Defense Attrny Flood should be prosecuted for wasting the courts time! I will be shocked if these scum can produce one credible witness let alone forty. Lets wait & see what type or people will come to the defense of these murdering animals? It is nice to see our tax dollars at work protecting these criminals rights.
Missyp
(posted by
Ed_Glosser
, Sep. 17, 2008 1:21 pm)
if you know more about this case, please enlighten us. You don't know the particulars of how or why the female was involved. It has nothing to do with "Lord helping this country" and has everything to do with knowing the facts of the case. I'll leave the decisions in reference to the case to those who actually know the particulars and not those who receive their facts from a news article.
Felony Murder
(posted by
Aidia
, Sep. 17, 2008 1:09 pm)
From what we've been told, White was there when the order was placed for the food, there when zhang delivered it, there during the act, went with the bf to stash the car and use the CCs... CA says theres plenty of factual evidence...Why isnt White being charged with felony murder? You don't need her testimony!
So
(posted by
missyp
, Sep. 17, 2008 8:51 am)
If I am setting or standing next to a murder and I do nothing about it, go use the mans credit card, and help myself to some beer, I won't be charged. So if you don't convict her of murder than you are saying to people it's okay to play a part in a murder and you will be okay. Lord help this county, and by the way FLS...stop putting that ugly mugshot of this animal in your paper! Are you that hard up to have to keep putting his pic in the paper?
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