Predator status, prison ordered for Warren man
A Warren man was sentenced Thursday by Judge Maureen Skerda to 15 years to 40 years in a state correctional institution for 41 felony counts relating to sexual offenses.
Edward D. Montgomery, 55, was arrested for dissemination of photos of child sex acts last September after an undercover investigation by the Pennsylvania Attorney General’s office.
Afterwards, a child’s mother approached investigators with information about a child who had been raped and assaulted by Montgomery over a six-year period.
Before sentencing, state Deputy Attorney General Anthony Marmo called Sexual Offender Assessment Board member Brenda Manno to the stand to testify about Montgomery’s sexual violent predator status.
She said that he suffered from paraphilia and his behavior was predatory. He got into possession of child pornography in the 1990s, which he knew was illegal, and while he tried to stop, he couldn’t, she said. She added that his only prior criminal arrest was for soliciting a prostitute, for which he paid a fine, but did not serve time in jail.
Montgomery’s attorney, Robert Kinnear, called Steven Reilly, an Erie psychologist, who testified that there was no violence in Montgomery’s background.
Kinnear asked Reilly if Montgomery was capable of rehabilitation, and he said yes, adding that with low-intensity treatment there was only about a ten percent chance of re-offending within ten years. However, Reilly said he agreed with Manno that Montgomery met the definition of a sexually violent predator.
Skerda noted that the abuse had begun when the child was in the third grade, and continued until last August when she was 13. She also noted that he had a successful career in the U.S Air Force, retiring as a master sergeant.
“The court qualifies him as a sexually violent predator,” she concluded.
Marmo told Skerda that the commonwealth was asking for a 15- to 40-year sentence, with probation to follow at the discretion of the court.
Skerda asked Marmo if he had interviewed the victim, and he said he had, two or three times. “It was very difficult for her to discuss it, but she did describe it in graphic detail,” he answered.
Kinnear said that the Montgomery of today is a very different man than he was last year. “But for a severe prescription addiction, he wouldn’t have done it,” he said.
Skerda asked Montgomery about what he had called a “chemical lobotomy,” and he said he had been taking prescription narcotics including Vicodin, Oxycodone and others, as well as muscle relaxers and anti-depressants for a litany of medical conditions. He added that he was receiving disability, in addition to his retirement for those conditions.
Montgomery added that he had been shown a photo outake of an 8mm movie of him being sexually abused in 1970, and he had been downloading the pornographic images, to find that movie and two others of him.
Skerda said that in a Victim Impact Panel statement the child’s father was horrified, and that it would have “far-reaching implications on his relationship with his daughter,” as well as the girl’s stability for the rest of her life.
Montgomery said, “I had dwelt on the past and lost sight of the future. Like throwing a rock into a pond, you know where the rock went… but the ripples never really stop. I abandoned every belief, every tenet. My goal in life is to never do this again.”
On the charge of rape of a child, Skerda sentenced him to 10 to 20 years in state prison with credit for 336 days served, $3,375 in fines and fees, to submit to a DNA test and to receive sexual offender treatment.
On a charge of involuntary deviate sexual intercourse with a child, he was sentenced to 10 to 20 years to run concurrently.
For unlawful contact with a minor sexual offenses, he was sentenced to six to 20 years concurrent with the previous sentences.
He was also sentenced to statutory sexual assault, 12 to 20 years; concurrent, aggravated indecent assault, a consecutive five to 20 years; endangering the welfare of children, six to 20 months; two counts of indecent assault of a person less that 13 years of age, 12 months to 7 years, concurrent; for all counts of disseminating photos of child sex acts and possession of child pornography, one year each of state supervised probation and for a count of criminal use of a communication facility, six to 12 months, concurrent.
Skerda said the aggregate sentence was 15 to 40 years, to be followed by 24 years of state supervised probation.