KAYLEAH WILSON - 12 yo (2010) - Greeley CO

GREELEY, Colo. -- 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.April Wilson testified in a pretrial
motions hearing for Robert Montoya in Weld County District Court.
Montoya is not charged in Kayleah Wilson's death but faces charges of
sexual assault on a child and sexual assault on a child with a pattern
of abuse.April Wilson related how she first found out about
possible sexual relations between her daughter and Montoya when she read
a posting on the family computer. She said she immediately confronted
the two of them in a family meeting that occurred between Christmas and
New Year's in 2009. She said Montoya had been living with the family for
more than a couple of months at that time.Wilson said she kicked Montoya out of the apartment after telling him to never see her daughter again. She
testified she caught him trying to meet Kayleah Wilson several weeks
later at a local library. She described his behavior as "stealthy" and
"stalkerish."Kayleah's brother, Mackenzie Jamison, also testified in the pretrial motions hearing.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.Kayleah disappeared on March 28 with no clues.The
police investigation was stymied for nearly two months because there
was no way to determine if Kayleah had run away or met with foul play.
There were no reports of a possible abduction or struggle in the area.With no clues to lead them either way, police had very little to go on in the search for the Greeley sixth-grader.Kayleah's decomposing body was found in a water-filled irrigation ditch last May. She was identified through dental records.A
few days later, Montoya was formally charged with sexual assault on a
child and one count of sexual assault on a child as a pattern of abuse
-- both felonies.In count one, Montoya is accused of committing
sexual assault on a child from Jan. 18 to March 28, 2010, the day
Kayleah disappeared, court records said. In count two, he is accused of a
pattern of sexual abuse of a child from Jan. 18 to March 28, 2010, the
records state.Jan. 18 was when Montoya turned 18.No one
has been arrested in Kayleah Wilson's slaying. Police have not said
publicly how Kayleah was killed in order to protect the investigation.

http://www.thedenverchannel.com/news/26487195/detail.html

Ovie, perhaps they think he will get away with her murder by reason of insanity so intend to lock him up in jail on the lessor charges for several years and then charge him with murder when he's due out?

18-year-old accused of having sex with girl later found dead due in court

January 13, 2011

GREELEY, Colo. (AP) — An 18-year-old man accused of having a sexual relationship with a 12-year-old Greeley girl found dead after she was reported missing is due in court.

Robert Montoya's court appearance Thursday is in preparation for his upcoming trial scheduled to begin March 21. He is charged with sexual assault on a child, but hasn't been charged in Kayleah (kay-lee-uh) Wilson's death.

Kayleah was reported missing last March. Her body was found in a ditch in Greeley May 19.

No suspects have been named in her death.

Police had frequent contact with Montoya after Kayleah disappearance

In the weeks following the disappearance of Kayleah Wilson, police were in daily, sometimes twice-daily, contact with Robert Montoya.

Montoya, now 19, made his second appearance Friday in Weld District Court for a pre-trial motions hearings, where attorneys have presented evidence to be considered at trial.

Montoya is charged with sexually assaulting 12-year-old Kayleah from October 2009, when he was 17, to March 2010, during which time he'd turned 18. Though evidence from her mother and brother suggest they knew of only one sexual encounter in the fall, prosecutors believe there were much more. Montoya told police of several sexual encounters, which admissions defense attorneys hope Weld District Court Judge Marcelo Kopcow will throw out.

Prosecutors didn't get through all of their witnesses Friday, and they have continued the matter for a second time to later this month, at which time they should argue their cases.

Kayleah's body was found May 19 in an irrigation ditch in southwest Greeley. Montoya was arrested that very day, and though he's never been named as a suspect — nor has anyone else — he is considered a person of interest in Kayleah's death.

Greeley police report they continue to investigate the case full time.

In court testimony Friday, five police officers reported their various contacts with Montoya beginning March 29, the day after Kayleah was reported missing through his arrest on May 19.

The first week of her disappearance, police questioned Montoya several times; once, he was visited by two sets of officers in one day — one of which visited him twice.

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. What they learned through the conversations with him and Kayleah's mother, was that he and Kayleah had been intimate several times, which constituted sexual assault given their age difference. Montoya had briefly lived with the Wilson family, until Kayleah's mother, April Wilson, said she kicked Montoya out when she learned of the relationship in late December or early January. The family reported Montoya continued to “stalk” Kayleah in the following weeks.

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.

On March 30, police found Montoya at the Wilson home, sitting at the kitchen table, when they arrived to talk with April Wilson.

“I was somewhat surprised to see him there,” detective Christian Morgan testified.

snipped.....
The pre-trial motions hearing of Robert Montoya has been continued to 9 a.m. Feb. 22 in Weld District Court

read more>
http://www.greeleytribune.com/article/20110128/NEWS/701289969/1005&parentprofile=1

Trial begins for man accused of sexually assaulting 12-year-old Kayleah Wilson

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.

In opening statements, attorneys on both ends steered clear of discussing the death of Kayleah Wilson. On Monday, it will be a year since her disappearance. Her body was found May 19, 2010, in a drainage ditch in west Greeley; Montoya was arrested that day on suspicion of sexually assaulting her.

He’s always been considered a person of interest in the homicide, but police have never named him a suspect. No one has been arrested as a suspect in Kayleah’s death.

read more>
http://www.greeleytribune.com/article/20110322/NEWS/703229984/1051&ParentProfile=1001

Witnesses in Montoya sex assault trial struggle with timelines


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.

Deputy District Attorney Hollie Wilkinson presented testimony Wednesday from several witnesses attesting to their knowledge, or lack thereof, about a relationship between Montoya and Kayleah, whose body was found months afterward in a drainage ditch in west Greeley. No one has been named a suspect in her death.

While investigating her disappearance on March 28, 2010, police learned of the relationship she had with Montoya.

Events witnesses are struggling to remember straddle the fine line of Montoya’s birthday, Jan. 18, 2010. Throughout the day, witnesses struggled with remembering times or even particular seasons around events, but one set of dates stood out by the end of the day: Dec. 8, 2009, to Feb. 2, 1010. That’s when Montoya’s cousin, Rudy Ortega, went to Mexico to visit family and help in the family’s store.

Prior to that date, he testified he had concerns about the relationship his cousin had formed with Kayleah. Though he wouldn’t admit he was that concerned about their age difference (he stated he at first thought she was 16), he said he was more concerned about his cousin dating his friend’s sister because it was inappropriate. He said he told him several times the relationship wasn’t right, but he said he never knew if it was sexual, and he never saw them do more than stand next to each other.

He said when he returned from Mexico, he asked his cousin about Kayleah.

“I asked what’s up and he told me they weren’t seeing each other,” Ortega testified, stating he didn’t ask for details. “I don’t remember any details. I was happy. He’s out of that situation. He’s doing what he’s supposed to do, not be with someone that much younger. I was just happy, you know.”

Wilkinson suggested the next day, he took Montoya and Kayleah with him to see his grandmother. He had detailed that meeting on the stand, but said he couldn’t remember the date.

Kayleah’s mother, April Wilson, has said for the last several months that she learned of her daughter’s sexual relationship in late December or early January and put a stop to it immediately. Later, she caught the two together talking at an empty dealership near their house, and once at the library. Sometime in February, Kayleah’s brother, Mackenzie Jamison, was walking his sister home from school, as the family believed Montoya was stalking her.

On Wednesday, Wilson stated her discovery of the relationship could have been as late as the end of January, which would have put it in full swing on Montoya’s 18th birthday.

“That’s what I said, yes,” Wilson said, acknowledging the last several months of testifying to the late December time frame. “I do know that not to be the case, because going with ... when I’d seen him at the dealership and she was going to the Valentine’s dance, thinking about it over time, the confrontation had only happened a couple weeks before that.”

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http://www.greeleytribune.com/article/20110323/NEWS/703239976/1051&ParentProfile=1001

Montoya trial: Church mentor says he told Montoya to stop dating Kayleah

A church mentor to a Greeley man who is accused of having sex with a 12-year-old girl last year said he tried to talk him out of dating her.

Ryan Haines, who considered himself more of like an older brother to Robert Montoya, said he always thought Kayleah Wilson was 14, but he still disapproved of the relationship.

“I got pretty upset,” Haines said about when he learned in January 2010 that Montoya was dating who he thought was a 14-year-old. “I told him that's not right. It's not OK. You should date somebody your own age. I probably didn't do a good job (of talking him out of it). I probably said that's illegal.”

Montoya is charged with two counts of sexual assault, one involving a pattern of abuse. Issues of the relationship surround his 18th birthday on Jan. 18, 2010. Deputy District Attorney Hollie Wilkinson has charged his relationship with Kayleah continued well beyond his birthday. Her mother reported her missing March 28, 2010, when she didn't return home from a birthday party. Her body was found May 19, and police have no suspects.

Defense attorneys have said the sexual relationship ended before his birthday.

For the past several months, Kayleah's mother has reported that she learned of the relationship in late December or early January, putting a stop to it immediately.

But that date changed. Wilkinson told the jury this week that the discovery of the relationship occurred the day Montoya helped Haines move into a new apartment.

That day was Feb. 6.

On the stand this morning, Haines confirmed that Montoya helped him move the weekend before, as well as on Feb. 6. That day, Montoya had tried to have Kayleah come and help, but her mother wouldn't allow it.

A week after that move, Haines said he talked with Montoya about his breakup with Kayleah and how he wanted to get her back.

“To my knowledge, sometime after, a week or two, he had somehow contacted (April Wilson) and gotten a list and things he had to do to get back in her good graces,” Haines testified. “Get a job, wait until she's of age, have his own place, just establish himself.”

http://www.greeleytribune.com/article/20110324/NEWS/703249989/1051&ParentProfile=1001

Jury Finds Dead Girl's Boyfriend Guilty

Robert Montoya Was Tried For Sexual Assault

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.Days
later, prosecutors charged Montoya with sexual assault on a child and
one count of sexual assault on a child as a pattern of abuse -- both
felonies.In count one, Montoya was accused of
committing sexual assault on a child from Jan. 18 to March 28, 2010, the
day Kayleah disappeared, court records said. In count two, he was
accused of a pattern of sexual abuse of a child from Jan. 18 to March
28, 2010, the records stated.Jan. 18, 2010 was when Montoya turned 18.The jury found Montoya guilty on both counts. Sentencing is June 3.No
one has been arrested in Kayleah's slaying. Police have not said
publicly how Kayleah was killed in order to protect the investigation.Montoya lived with the Wilson family for several months before Kayleah's death.Kayleah's
mother, April Wilson, told police she kicked Montoya out of the
apartment after she found out Kayleah and Montoya might be having sex.
http://www.thedenverchannel.com/news/27324425/detail.html

From the keyboard of Lord Terrific:
Typically, once there is a conviction in case, it would be moved to ADJUDICATED, pending the results of the sentencing.
This is an exception, as the charge for her death has yet to be made.
We will continue to keep Kayleah in this room until such time as the person or persons responsible for her demise are brought to justice.

Montoya sentenced to 8 years to life in Kayleah Wilson case

The Greeley man convicted in March of having sex with 12-year-old Kayleah Wilson will spend the rest of his life under some kind of watch.

Robert Montoya, 19, was handed an indeterminate prison sentence of eight years to life, followed by 20 years to life on parole for his conviction of sexually assaulting Kayleah before she disappeared in March 2010.

Her body was found weeks later, and police continue to investigate her death. Greeley police have not named a suspect in her death, though it was clear early on Montoya was the only suspect on whom police focused. During questioning in her disappearance, Montoya revealed he’d had sex with her 10-15 times.

Weld District Court Judge Marcelo Kopcow said Friday he would allow Montoya to be sent to a facility that could handle those with developmental disabilities, given pleas by his defense team that he was lower functioning.

“It’s clear to me from watching 13-15 hours of (police interviews), that you knew it was wrong to have sex with a 12-year-old,” Kopcow said. “You may be low functioning, developmentally disabled and had a dysfunctional childhood, but the bottom line is you knew it was wrong to have sex with a 12-year-old and you made the decision to do so. That’s why we’re here today.”

Montoya, who was convicted March 25 of sexual assault on a child involving a pattern of abuse, rubbed vigorously at his eyes as he sat down Friday at his sentencing hearing. Kayleah’s mother, April Wilson, and her mother, Brenda Jamison, sat in the gallery of the courtroom, neither opting to address the court during sentencing or talk with the media afterward.

Montoya had only one thing to say: “I’m sorry for what I’ve done.”

His mother, Roxanne Montoya, sat in back of the gallery, dabbing tears from her eyes.

Montoya moved into the Wilson home in the fall of 2009, a guest of Kayleah’s brother, MacKenzie Jamison. Montoya and Kayleah developed a relationship and had sex several times before an eventual break-up in February after her mother learned of the relationship and put an end to it. He turned 18 in January 2010.

At his trial, there was some evidence Montoya stalked Kayleah at her middle school. She was reported missing March 28; her body was found weeks later in a west Greeley irrigation ditch.

Defense investigator Marjorie Kennedy told Kopcow she had become somewhat of a caretaker for Montoya, whom she said had the maturity level of a 12-year-old.

“My impression is that both Kayleah Wilson and Robert both came from families that have significant amounts of dysfunction,” Kennedy said. “I suspect the reason why they were drawn to each other was probably in part due to that.”

Defense attorney Kevin Strobel said Montoya was sexually and physically assaulted, had little education and spent all of his time playing video games.

“It’s not unforeseeable that someone in his situation would gravitate toward younger teenagers than himself,” Strobel said.
http://www.greeleytribune.com/article/20110603/NEWS/706039982/1005&parentprofile=1001

Despite Montoya's adjudication on the rape charge. I will recommend we keep this file active, here in this room, until such time as he or someone(s) charged with her murder.

The Denver Post - Cold Cases

April 28, 2012, 11:11 am
By Kirk Mitchell, The Denver Post

Twelve-year-old Greeley girl vanishes while walking to birthday party

Twelve-year-old Kayleah Wilson set out from her family’s apartment in the 2800 block of 28th Street in Greeley on the afternoon of March 28, 2010 to walk to a friend’s birthday party.

She was wearing a white-and-pink shirt over a white tank top, blue jeans and white-and-red shoes. She was 5-feet-2 and weighed about 140 pounds.

The Brentwood Middle School sixth grader was supposed to meet a friend at the Greeley Mall and together they were going to walk to the birthday party. Kayleah never met her friend and didn’t show up for the birthday party.

The peculiar thing about 12-year-old Kayleah Wilson’s disappearance was that she vanished in broad daylight in a heavily traveled area in Greeley. She was last seen at 3:40 p.m.

The path she would have taken includes heavily traveled roadways. Police requested an Amber alert throughout Colorado. But none was issued because there was no evidence she was a runaway, nor was there any obvious indication of foul play initially.

The next day, police began canvassing the neighborhood, including an area south of the Greeley mall. The investigation became very intensive. Police reviewed videotape of the mall and from businesses in Greeley to see if they could spot the young girl captured on surveillance cameras. They couldn’t find any.

http://blogs.denverpost.com/coldcases/tag/kayleah-wilson/