Decision on Kansas City man aiding in 19-year-old murder coming soon
Leavenworth A decision is expected to be made on the future of a Kansas City, Mo., man who is charged with one count of aiding a felon in a murder that occurred nearly 20 years ago.
On Thursday, Eric Montgomery, 75, was in court as his defense argued that the case should be thrown out.
Montgomery's defense told Judge Gunnar Sundby that the case couldn’t stand alone because of immunity granted to Montgomery in the trial of another murder case in 1992. Montgomery's defense attorney, Debra Snider said the statute of limitations has run out as well.
Montgomery testified in July 1992 in the murder case of Everett Bishop under an order of immunity. Sherrill Gary Brinkley is currently serving time for Bishop's murder.
The current charge against Montgomery is related to the murder of Lloyd Folsom, which occurred two weeks prior to Bishop's murder.
Prosecutors argue that Montgomery aided Bishop in Folsom's murder in April 1990.
The Sundby is expected make a decision on or before August 14th, 2009.
Montgomery was arrested in his home last month on the current charge.