Death of Mikey Benedict: Jury selection in trial of Jackie Montgomery starts Monday

Jackie Montgomery, who faces three murder charges in connection with the death of Michal “Mikey” Benedict, listens in court Thursday during her final pre-trial hearing. Her trial begins Monday.

Two days after her husband was sent to prison for his role in the beating death of Michael “Mikey” Benedict, Jacqueline Dawn “Jackie” Montgomery was in court Thursday for a final hearing ahead of her trial, which starts Monday.

Montgomery faces three different murder charges, each an unclassified felony. An aggravated murder charge specifies the killing was planned. A second charge would require the jury to find the killing was done purposefully. The third, known as violent felony murder, would require jurors to find the death was the result of a felonious assault committed by the accused.

More:’Justice for Mikey’: Montgomery found guilty on two murder counts

Benedict, a 40-year-old Crawford County native, was found unconscious by Crestline police investigating a 911 report of a beating shortly after 2:20 a.m. Oct. 10, 2021. The beating followed an incident at Just Jokin’ Bar and Grill. He died on Nov. 4, 2021.

Husband found guilty on 2 murder charges

Tim Montgomery, Jackie’s husband, was found guilty on two murder charges in a trial that ended Feb. 9. He was found not guilty of aggravated murder. He has been sentenced to life in prison, with the possibility of parole after 15 years.

During Thursday’s hearing in Crawford County Common Pleas Court, Judge Sean Leuthold discussed the framework of the trial with attorneys for the prosecution and defense. Dan Stanley, assistant prosecutor for Crawford County, will represent the state. Montgomery will be represented by Mansfield attorney James Mayer III.

Monday will be dedicated to voir dire, the process of selecting jurors from a pool of more than 70 people, the judge said. Opening statements will begin Tuesday morning.

Other trial involved the same series of events

Pretrial publicity will be a concern in the case, Leuthold noted, particularly since Tim Montgomery’s trial took place just a month earlier.

“Obviously, there’s another trial that involved basically this series of events … the same basic facts of the case,” Leuthold said. “That trial was held just a few weeks ago. That’s something we’re going to have to deal with, No. 1, in voir dire, as to who may have heard it, make certain everyone’s going to be fair and impartial.”

Story continues

The attorneys agreed it would be unreasonably difficult to avoid mentioning the other trial. Stanley said he didn’t believe it would be a particular concern because it will be clear to jurors that three people have been accused in connection with the death.

Easier to be ‘transparent’ about previous trial

“I think it would be fairly impossible to do that; I think it would be suspending disbelief that the jury’s not going to know about that, and I think it almost creates a concern that we’re trying to keep something from them that we’re just obviously not,” Mayer said. “I think it’s going to be much easier for us to handle matters that came up just recently in the other trial if we’re transparent about what that was.”

Jackie Montgomery, who faces three murder charges in connection with the death of Michal “Mikey” Benedict, listens in court Thursday during her final pre-trial hearing. Her trial begins Monday.

The verdict in Tim Montgomery’s trial is not to be mentioned, Leuthold instructed, “under no circumstances.” He will allow attorneys to ask potential jurors whether they know what happened in the first trial.

The third person charged in connection with Benedict’s death, Cameron Everett Davis, 32, testified for the state during Tim Montgomery’s trial. Davis testified he agreed to plead guilty to voluntary manslaughter, felonious assault and obstruction of justice and would receive a 20-year sentence, with the possibility of judicial release in 10 years.

ggoble@gannett.com

419-559-7263

This article originally appeared on Bucyrus Telegraph-Forum: Benedict beating death: Trial of Jackie Montgomery starts Monday