WEBVTT
1
00:00:03.200 --> 00:00:14.640
Callarogu Shark Media, Good morning, I'm reed Carter, Thursday, October sixteenth,
2
00:00:14.720 --> 00:00:18.399
twenty twenty five. Daisy Link is on trial in Miami
3
00:00:18.480 --> 00:00:21.879
for second degree murder. June twenty fifth, twenty twenty two.
4
00:00:22.239 --> 00:00:26.320
She shot her husband, Pedro Jimenez to death. Prosecutors say
5
00:00:26.399 --> 00:00:29.800
Link was the aggressor in their relationship. Pistol whipped him
6
00:00:29.800 --> 00:00:32.320
in front of her children, attacked him with a skateboard
7
00:00:32.399 --> 00:00:35.679
five days before the shooting. Admitted to police she shot
8
00:00:35.719 --> 00:00:40.799
to merely scare him. Link claims self defense. Says Jimenez
9
00:00:40.840 --> 00:00:44.600
abused her for years, Pistol whipped her days before his death,
10
00:00:45.039 --> 00:00:47.359
and she feared for her life when she pulled the trigger.
11
00:00:48.479 --> 00:00:51.240
The jury doesn't know. Link got pregnant by another inmate
12
00:00:51.280 --> 00:00:55.439
while in jail awaiting trial. Adam Montgomery murdered his five
13
00:00:55.520 --> 00:00:59.640
year old daughter, Harmony in December twenty nineteen. Beat her
14
00:00:59.679 --> 00:01:02.920
today in their car while traveling to a methadone clinic,
15
00:01:03.320 --> 00:01:06.200
hid her body in a duffel bag, froze it, then
16
00:01:06.319 --> 00:01:08.599
thought it out to cut up the remains and dissolve
17
00:01:08.640 --> 00:01:13.000
them in lie. Her body has never been recovered. Montgomery
18
00:01:13.079 --> 00:01:17.079
was convicted in February twenty twenty four, sentenced to fifty
19
00:01:17.120 --> 00:01:20.640
six years to life. Today, the New Hampshire Supreme Court
20
00:01:20.719 --> 00:01:24.120
hears his appeal. He wants a new trial, claims the
21
00:01:24.200 --> 00:01:28.400
judge made three errors. Prosecutors say deny it. And Megan
22
00:01:28.439 --> 00:01:32.319
Oaster Schultz, a Kenosha figure skating coach, was sentenced Monday
23
00:01:32.359 --> 00:01:35.159
to one hundred days in jail for drunk driving with
24
00:01:35.200 --> 00:01:38.879
her two children in the car November twenty twenty four.
25
00:01:39.200 --> 00:01:43.239
She rolled her vehicle BAC of zero point two pet eight,
26
00:01:43.680 --> 00:01:48.519
nearly three times the legal limit, miraculously no injuries. She
27
00:01:48.599 --> 00:01:50.920
told the judge she was going through a divorce and
28
00:01:51.000 --> 00:01:53.920
lets stress and alcohol get the best of her. I'm
29
00:01:54.000 --> 00:01:58.680
reed Carter. Three cases, one self defense claim, one father
30
00:01:58.719 --> 00:02:02.280
who dissolved his daughter's bad one coach who endangered her
31
00:02:02.319 --> 00:02:12.400
own children. This is Celebrity Trials. Miami, Florida, June twenty fifth,
32
00:02:12.680 --> 00:02:17.759
twenty twenty two, early morning, Daisy Link shoots her husband,
33
00:02:17.759 --> 00:02:22.840
Pedro Jimenez. He runs, stumbling, falling. Surveillance from a neighbor's
34
00:02:22.879 --> 00:02:26.280
camera captures him running through the alley. Link follows. He's
35
00:02:26.280 --> 00:02:30.240
bleeding heavily. The bullets severed his femoral artery. Within minutes,
36
00:02:30.280 --> 00:02:33.000
he'll bleed to death. Link calls nine to one one,
37
00:02:33.280 --> 00:02:35.840
applies a tourniquet to his leg, but it's too late.
38
00:02:36.199 --> 00:02:39.280
Pedro Jimenez dies at the scene. Now Link is on
39
00:02:39.400 --> 00:02:43.240
trial for second degree murder. The prosecution says she was
40
00:02:43.280 --> 00:02:46.560
the aggressor. The defense says she acted in self defense,
41
00:02:47.039 --> 00:02:49.520
and the truth lies somewhere in nine years of a
42
00:02:49.520 --> 00:02:55.879
toxic violent relationship background. Link and Jimenez were together nine years,
43
00:02:56.400 --> 00:02:59.919
had a tumultuous relationship marred by long term physical abs
44
00:03:00.000 --> 00:03:04.039
abuse and domestic violence, according to court documents. But who
45
00:03:04.080 --> 00:03:07.840
was abusing whom That's what the jury must decide the
46
00:03:07.879 --> 00:03:12.639
prosecution's case. Five days before the shooting, June twentieth, police
47
00:03:12.680 --> 00:03:16.120
respond to a nine to one one call, Link allegedly
48
00:03:16.159 --> 00:03:19.159
attacked Jimenez with a skateboard while he was inside his
49
00:03:19.319 --> 00:03:23.080
vehicle trying to flee. Text messages between them show Jimenez
50
00:03:23.120 --> 00:03:26.639
accusing Link of violence. He claims she pistol whipped him
51
00:03:26.639 --> 00:03:29.360
in front of her children. When Link spoke to police
52
00:03:29.400 --> 00:03:32.479
after the shooting, she admitted being the aggressor in the
53
00:03:32.599 --> 00:03:36.120
argument and said she shot to merely scare the victim.
54
00:03:36.479 --> 00:03:40.280
That statement is devastating to her defense. Admitting you were
55
00:03:40.319 --> 00:03:44.159
the aggressor, admitting you shot to scare, not to protect yourself,
56
00:03:44.479 --> 00:03:49.680
that's not self defense language. Detective Joseph Cruz, the lead investigator,
57
00:03:50.000 --> 00:03:52.960
testified that ring camera footage showed a five minute gap
58
00:03:53.000 --> 00:03:56.039
between the shooting and when gunshots were heard, and a
59
00:03:56.120 --> 00:03:58.560
twelve minute gap between the shooting and the nine one
60
00:03:58.680 --> 00:04:02.000
one call. What was Link doing during those twelve minutes?
61
00:04:02.400 --> 00:04:06.360
Why didn't she call immediately? No firearm or bullet casings
62
00:04:06.360 --> 00:04:09.639
found during the initial property search. The gun was later
63
00:04:09.680 --> 00:04:13.560
discovered hidden in a palm tree around twelve thirty pm.
64
00:04:13.919 --> 00:04:17.519
Link volunteered the location before knowing police had already found it.
65
00:04:18.199 --> 00:04:20.879
But hiding the gun after a shooting doesn't suggest self
66
00:04:20.879 --> 00:04:26.240
defense suggests consciousness of guilt. During her interview with police,
67
00:04:26.399 --> 00:04:29.759
which lasted eleven hours, Link said she just wanted to
68
00:04:29.800 --> 00:04:33.519
scare him and make him stop hitting me. She described
69
00:04:33.519 --> 00:04:38.000
their nine year relationship, said Jimenez had a severe mental disorder,
70
00:04:38.480 --> 00:04:42.199
said he controlled her social media, no Facebook, TikTok or
71
00:04:42.199 --> 00:04:46.000
Instagram allowed. Link also told police he Meenez threw a
72
00:04:46.079 --> 00:04:50.079
chair at a detective. During questioning, she whispered, I killed him.
73
00:04:50.360 --> 00:04:53.600
I loved him. I loved him so much. During the interview,
74
00:04:54.079 --> 00:04:57.759
that's not the language of someone defending themselves from an attacker.
75
00:04:58.399 --> 00:05:02.800
That's regret, grief, realization of what she'd done. The forensic
76
00:05:02.800 --> 00:05:07.319
evidence doctor Benjamin Mattis, chief medical examiner, testified that Jimenez
77
00:05:07.360 --> 00:05:10.240
had two gunshot wounds, a through and through wound on
78
00:05:10.279 --> 00:05:13.560
his left foot and his right thigh. A single bullet
79
00:05:13.639 --> 00:05:16.199
caused both injuries. His foot had to be in the
80
00:05:16.240 --> 00:05:19.600
air when shot, consistent with running. The bullet damaged the
81
00:05:19.639 --> 00:05:23.759
femoral artery and vein in his thigh. That injury causes rapid,
82
00:05:24.040 --> 00:05:28.279
severe blood loss. Death would take several minutes without medical intervention.
83
00:05:28.800 --> 00:05:34.160
Toxicology showed alcohol, cocaine, and THHC in Jimenez's system. Cause
84
00:05:34.199 --> 00:05:39.399
of death gunshot wound to right thigh manner homicide. Now
85
00:05:39.439 --> 00:05:43.079
the defense case, Link claims years of abuse by Jimenez.
86
00:05:44.079 --> 00:05:47.000
Days before the shooting, she says he pistol whipped her,
87
00:05:47.279 --> 00:05:52.120
causing severe head injuries. Her family testified about seeing those injuries.
88
00:05:53.199 --> 00:05:56.839
Leileen Gonzalez, Link's nie, traveled from Texas to Florida with
89
00:05:56.879 --> 00:05:59.920
her grandmother in June twenty twenty two to bring Lincoln
90
00:06:00.040 --> 00:06:03.920
her children back to Texas. Before traveling, she saw photos
91
00:06:03.920 --> 00:06:07.519
showing injuries to Link's head and bruises. When she arrived,
92
00:06:07.720 --> 00:06:11.399
she observed wounds consistent with the photos. The family was
93
00:06:11.439 --> 00:06:16.079
planning to help Link escape the relationship. Crystal Burreto, Link's sister,
94
00:06:16.480 --> 00:06:20.439
received text pictures from Link showing severe injuries. One showed
95
00:06:20.439 --> 00:06:23.560
blood all over Link's shoulder. Another showed a gash on
96
00:06:23.639 --> 00:06:26.759
Link's head with blood in her hair. Crystal testified she
97
00:06:26.800 --> 00:06:28.839
could see what appeared to be a skull through the
98
00:06:28.879 --> 00:06:33.879
open wound, severe injuries, lots of blood and swelling. Cristel
99
00:06:33.959 --> 00:06:37.600
believed the injuries were potentially life threatening and immediately contacted
100
00:06:37.600 --> 00:06:41.560
their mother to come to Florida. Josphina Perez, Link's mother,
101
00:06:42.000 --> 00:06:44.879
testified she traveled from Texas after seeing photos of her
102
00:06:44.959 --> 00:06:48.279
daughter's injuries. There was a pre existing plan to help
103
00:06:48.360 --> 00:06:51.279
Link in her children escape from Jimenez on July fourth,
104
00:06:51.319 --> 00:06:53.240
but they moved it up due to the severity of
105
00:06:53.279 --> 00:06:57.399
the injuries. Perez witnessed Jimenez choke Link during a conversation
106
00:06:57.480 --> 00:07:00.519
that made him angry. She threatened to call police, but
107
00:07:00.600 --> 00:07:05.000
Jimenez said not to because he'd lose his career. Pedro left,
108
00:07:05.279 --> 00:07:09.040
then returned fifteen minutes later, knocking things over, grabbing Link's
109
00:07:09.079 --> 00:07:13.000
perse and cell phone, taking whiskey, and running out. He
110
00:07:13.079 --> 00:07:15.759
returned a third time and clothes lined Link when she
111
00:07:15.800 --> 00:07:18.920
looked for her purse. That testimony paints a picture of
112
00:07:18.959 --> 00:07:23.439
an abusive, controlling man. But here's the problem. Perez was
113
00:07:23.560 --> 00:07:26.480
questioned about watching the trial's live stream during a break,
114
00:07:26.639 --> 00:07:30.879
which she denied. Prosecutors also accused Crystal Baretto of lying
115
00:07:30.879 --> 00:07:34.519
about watching the trial and sharing Facebook posts. Both were
116
00:07:34.519 --> 00:07:38.279
confronted about their credibility. If the defense witnesses are lying
117
00:07:38.319 --> 00:07:41.879
about small things like watching the trial, are they lying
118
00:07:41.920 --> 00:07:45.560
about the abuse? That's what prosecutors want the jury to question.
119
00:07:46.120 --> 00:07:50.079
The physical evidence contradicts some of Link's claims. Neighbor Robertsis
120
00:07:50.160 --> 00:07:54.759
Narrows testified about surveillance video showing Jimenez running, stumbling and
121
00:07:54.800 --> 00:07:58.639
falling and Link approaching him. Says Narrow said, Link appeared
122
00:07:58.680 --> 00:08:03.319
emotionally distraught, but the video shows Jimenez fleeing, not attacking.
123
00:08:03.759 --> 00:08:07.680
DNA analysis revealed Link's DNA as the major profile on
124
00:08:07.759 --> 00:08:11.759
the firearm. The statistical probability it belongs to someone else
125
00:08:11.879 --> 00:08:15.839
is one in twenty eight point seven Septilian, it's her gun,
126
00:08:16.240 --> 00:08:19.560
she shot him. A seven minute video was recorded on
127
00:08:19.600 --> 00:08:22.160
Link's phone minutes before the nine to one to one call.
128
00:08:22.720 --> 00:08:25.319
What's on that video we don't know yet, but it
129
00:08:25.360 --> 00:08:28.480
was captured during the critical time between shooting and calling
130
00:08:28.519 --> 00:08:32.000
for help. Ring camera audio captured Link telling the dying
131
00:08:32.039 --> 00:08:34.519
Himenez you'll be fine and asking if he wanted to
132
00:08:34.519 --> 00:08:38.159
go to the hospital. Defense played additional audio where Jimenez
133
00:08:38.159 --> 00:08:40.519
appears to say I want to die. Is that a
134
00:08:40.559 --> 00:08:44.320
man expressing regret for abusing someone or a man dying
135
00:08:44.320 --> 00:08:46.720
from blood loss saying he wants the pain to end.
136
00:08:47.159 --> 00:08:51.120
Here's what makes this case complex. Both things can be true.
137
00:08:51.720 --> 00:08:54.879
Link can have been abused by Jimenez for years and
138
00:08:55.000 --> 00:08:57.480
not been acting in self defense when she shot him.
139
00:08:58.039 --> 00:09:03.200
Abuse victims sometimes become abuse users themselves. Violence begets violence.
140
00:09:03.519 --> 00:09:07.399
A toxic relationship can have two aggressors. The pistol whipping
141
00:09:07.399 --> 00:09:11.399
incident cuts both ways. Link claims Jimenez pistol whipped her.
142
00:09:11.879 --> 00:09:15.039
Text messages show Jimenez claiming Link pistol whipped him in
143
00:09:15.039 --> 00:09:18.200
front of her children. Who's telling the truth. Maybe both?
144
00:09:18.679 --> 00:09:22.000
Maybe they both used weapons against each other. The skateboard
145
00:09:22.000 --> 00:09:25.840
attack five days before the shooting. Link attacking Jimenez while
146
00:09:25.879 --> 00:09:29.399
he tried to flee in his vehicle. That's not defensive violence.
147
00:09:29.919 --> 00:09:34.279
That's aggressive violence, attacking someone who's trying to escape. But
148
00:09:34.440 --> 00:09:38.919
Link's family documented severe injuries days before the shooting. Head
149
00:09:38.960 --> 00:09:41.840
wounds severe enough that Crystal thought she could see skull.
150
00:09:42.600 --> 00:09:46.440
That level of injury doesn't happen from nothing. Someone beat
151
00:09:46.480 --> 00:09:50.240
Link badly enough to cause significant trauma. The question for
152
00:09:50.320 --> 00:09:53.720
the jury when Link shot Jimenez on June twenty fifth,
153
00:09:53.759 --> 00:09:58.039
twenty twenty two, was she defending herself from imminent harm?
154
00:09:58.519 --> 00:10:00.679
Or was she the aggressor in yet a another fight
155
00:10:00.799 --> 00:10:06.120
In a mutually violent relationship. Self defense requires reasonable fear
156
00:10:06.159 --> 00:10:11.759
of imminent harm, proportional response, no safe alternatives. Did Link
157
00:10:11.840 --> 00:10:15.320
reasonably believe Jimenez was about to seriously harm or kill her?
158
00:10:15.799 --> 00:10:19.240
The surveillance shows him running away. That's not imminent threat,
159
00:10:19.399 --> 00:10:23.879
that's retreat. Did Link use proportional force? Shooting someone who's
160
00:10:23.919 --> 00:10:28.639
fleeing isn't proportional that's escalation beyond what's necessary for defense.
161
00:10:29.200 --> 00:10:33.200
Did Link have safe alternatives? Her family was there to
162
00:10:33.240 --> 00:10:37.799
help her escape. They'd traveled from Texas specifically to get
163
00:10:37.799 --> 00:10:42.240
her out of the relationship. She had options beyond shooting him.
164
00:10:42.720 --> 00:10:45.440
The prosecution wants the jury to see Link as the
165
00:10:45.519 --> 00:10:48.720
primary aggressor who killed her husband during a fight. The
166
00:10:48.799 --> 00:10:51.320
defense wants the jury to see Link as an abuse
167
00:10:51.399 --> 00:10:56.480
victim who finally defended herself after years of torture. One
168
00:10:56.559 --> 00:11:00.480
more detail the jury doesn't know. After her arrest, Link
169
00:11:00.559 --> 00:11:04.639
became pregnant by another inmate. That fact is excluded from
170
00:11:04.720 --> 00:11:09.039
trial as prejudicial, but it raises questions about Link's judgment
171
00:11:09.120 --> 00:11:12.519
and character that the jury won't hear. The trial continues,
172
00:11:13.320 --> 00:11:17.759
the state rested its case, defense presented family members testifying
173
00:11:17.759 --> 00:11:22.639
about abuse. Closing arguments coming soon, and twelve jurors will
174
00:11:22.679 --> 00:11:26.200
decide whether Daisy Link murdered her husband or defended herself
175
00:11:26.240 --> 00:11:31.399
from an abuser. We'll be right back with Adam Montgomery's appeal,
176
00:11:31.679 --> 00:11:50.559
the father who dissolved his daughter's body and lie. By
177
00:11:50.559 --> 00:11:52.519
the way, we have a poll going in our Facebook
178
00:11:52.559 --> 00:11:56.000
group's page. Do you want to hear more classic celebrity trials,
179
00:11:56.360 --> 00:11:59.159
more current murder cases or is the mix just right
180
00:12:00.120 --> 00:12:03.799
us know? Search celebrity trials in Facebook groups or follow
181
00:12:03.879 --> 00:12:05.960
the link in the show notes we'd love to hear
182
00:12:05.960 --> 00:12:11.440
from you. Today. The New Hampshire Supreme Court hears arguments
183
00:12:11.480 --> 00:12:14.960
in Adam Montgomery's appeal. He wants a new trial for
184
00:12:15.080 --> 00:12:18.519
murdering his five year old daughter, Harmony. He was convicted
185
00:12:18.519 --> 00:12:22.679
in February twenty twenty four, sentenced to fifty six years
186
00:12:22.720 --> 00:12:26.639
to life. Now he's claiming the trial court made errors
187
00:12:26.639 --> 00:12:31.559
that warrant overturning his conviction. Quick background. Harmony Montgomery was
188
00:12:31.559 --> 00:12:37.000
born June seventh, twenty fourteen, to Crystal Sorry and Adam Montgomery,
189
00:12:37.639 --> 00:12:41.559
parents not together. Harmony, partially blind in her left eye,
190
00:12:41.840 --> 00:12:46.080
had special needs. Crystal originally had custody, but lost it
191
00:12:46.200 --> 00:12:50.240
due to DCF involvement over neglect allegations. Harmony went into
192
00:12:50.279 --> 00:12:54.879
foster care at two months old. Twenty nineteen, a Massachusetts
193
00:12:55.000 --> 00:12:59.080
judge awarded Adam full custody, despite him being incarcerated most
194
00:12:59.080 --> 00:13:02.399
of Harmony's early life and having spent only twenty hours
195
00:13:02.399 --> 00:13:07.080
with her on supervised visits. DCF failed to adequately assess
196
00:13:07.120 --> 00:13:10.480
Adam or present a strong legal case against placing Harmony
197
00:13:10.480 --> 00:13:13.600
with him. Adam lived in New Hampshire with his wife, Kayla,
198
00:13:13.679 --> 00:13:18.000
and their two sons. Both had substance abuse issues, paid
199
00:13:18.000 --> 00:13:21.320
their drug dealer with snap food stamps, leaving the family
200
00:13:21.360 --> 00:13:25.399
without adequate food. Harmony was subjected to beatings and abuse
201
00:13:25.480 --> 00:13:29.360
by Adam. When Adam's uncle noticed Harmony had a black eye,
202
00:13:29.639 --> 00:13:34.320
Adam allegedly said he bashed her around. The uncle contacted
203
00:13:34.480 --> 00:13:39.399
child protective agencies, nothing came of it. Late twenty nineteen,
204
00:13:39.919 --> 00:13:42.200
the family was evicted and began living in their car
205
00:13:42.279 --> 00:13:45.799
before moving to a homeless shelter. Adam and Kayla abused
206
00:13:45.840 --> 00:13:48.120
drugs in the car while three young children were in
207
00:13:48.120 --> 00:13:52.080
the back seat. Harmony, struggling with bathroom accidents that started
208
00:13:52.120 --> 00:13:57.519
during homelessness, was repeatedly beaten by Adam. December twenty nineteen,
209
00:13:58.440 --> 00:14:00.759
while the family traveled to a meta the Done clinic,
210
00:14:01.159 --> 00:14:04.919
Adam went into a rage over Harmony's bathroom accidents, beat
211
00:14:04.960 --> 00:14:07.600
her to death, hid her body in a duffel bag.
212
00:14:08.120 --> 00:14:11.840
Then he and Kayla concealed her remains for months, initially
213
00:14:11.840 --> 00:14:14.519
froze the body, later thought it out to cut up
214
00:14:14.559 --> 00:14:17.399
the remains and dissolve them in lie. The body has
215
00:14:17.440 --> 00:14:21.840
never been recovered. Harmony's mother, Cristel, became concerned when Adam
216
00:14:21.879 --> 00:14:26.039
didn't bring Harmony for Thanksgiving, she questioned him on Facebook,
217
00:14:26.519 --> 00:14:30.759
he blocked her. She filed a missing person report. Adam
218
00:14:30.840 --> 00:14:34.240
claimed Harmony was living with Crystel, but Cristel hadn't seen
219
00:14:34.279 --> 00:14:38.840
her in over two years. August twenty twenty two, Manchester
220
00:14:38.919 --> 00:14:42.000
Police Chief and New Hampshire Attorney General stated they believed
221
00:14:42.000 --> 00:14:47.679
Harmony was dead and Adam murdered her. February twenty twenty four,
222
00:14:48.080 --> 00:14:52.360
trial begins. Adam was already in prison serving thirty years
223
00:14:52.360 --> 00:14:55.480
for an unrelated gun crime. He refused to attend court.
224
00:14:56.320 --> 00:15:00.240
Prosecutor Christopher Knowles presented the case. Adam was represent entered
225
00:15:00.320 --> 00:15:04.960
by Caroline Smith and James Brooks. Kayla Montgomery, Adam's ex wife,
226
00:15:05.039 --> 00:15:08.279
was serving time for perjury lying to a grand jury
227
00:15:08.320 --> 00:15:12.679
about Harmony's death. She testified against Adam, said he'd been
228
00:15:12.720 --> 00:15:16.279
physically and emotionally abusive to her in Harmony, that he
229
00:15:16.360 --> 00:15:20.000
beat Harmony to death in December twenty nineteen, that she
230
00:15:20.080 --> 00:15:23.559
didn't speak up because she still cared for him. February
231
00:15:23.600 --> 00:15:28.120
twenty second, twenty twenty four, Adam Montgomery found guilty of
232
00:15:28.200 --> 00:15:32.960
second degree murder and falsifying physical evidence. May ninth, twenty
233
00:15:33.039 --> 00:15:36.320
twenty four, sentenced to forty five years to life in
234
00:15:36.399 --> 00:15:41.120
prison consecutive to his weapons sentence, total fifty six years
235
00:15:41.120 --> 00:15:46.039
to life now. Adam appeals, citing three errors. First, the
236
00:15:46.080 --> 00:15:50.279
court's failure to sever assault and murder charges. Adam argues
237
00:15:50.360 --> 00:15:53.200
that trying the assault charges together with the murder charge
238
00:15:53.200 --> 00:15:56.879
prejudiced the jury. They heard evidence of his violent abuse
239
00:15:56.919 --> 00:16:00.600
of Harmony before hearing about her death. That evidence prejudiced