athlete to be re-tried in March
judge declared a mistrial in the capital murder case of a former TCU
football player after jurors could not reach a unanimous decision.
Frank Allen Montgomery Jr., the former football player who is accused
of fatally injuring his former girlfriends 16-month-old daughter,
will be re-tried March 29.
A judge declared a mistrial in December after the jury could not reach
a verdict after four days of deliberation; eight of the 12 jurors
did not believe he was guilty of capital murder. In addition to that
charge, jurors could have considered three lesser charges.
Had Montgomery been convicted of the higher charge, he would have
been sentenced to life in prison.
Savannah Koiner, the daughter of Montgomerys former girlfriend,
Roxane Lawrie, died last July of severe blunt trauma to the head,
the medical examiner ruled.
Defense attorney Wes Ball said Savannah suffered a burn on her back
July 1 by falling against the open oven door while playing on a stool.
The next afternoon Lawrie left Savannah in Montgomerys care.
Prosecutor Jay Lapham said Savannah was either struck by a blunt object
or was struck against a blunt object. The exact circumstances were
not known because they couldnt find a murder weapon, he said.
Montgomery called 911 when she stopped breathing, Lapham said. The
child died the next day.
Ball said Montgomery gave the police several different statements
about the events leading to Savannahs death because he was under
There were significant deficiencies in the police investigation,
Ball said. He questioned why Lawrie was not interrogated as thoroughly
Lapham said Montgomery intentionally caused Savannahs injuries
and failed several polygraph tests.