The Commercial Appeal

Homicide case hurt by police scandal

Detective’s actions limit prosecutio­n of suspect

- Daniel Connolly

A former Memphis Police Department homicide detective, Eric Kelly, was implicated early this year in a sex scandal that cast doubt on every criminal case he touched.

Now, the Kelly case has hurt the prosecutio­n of a young man who’s accused in the 2016 carjacking and killing of 83-year-old Eddie Walker.

Kelly interrogat­ed the young man, Ladarius Montgomery, who signed a confession. But then the detective got into trouble for a sexual relationsh­ip with a young woman he had charged in connection with a murder case, and MPD’S investigat­ors concluded the detective lied to them.

Because Kelly had interrogat­ed Montgomery in the elderly man’s killing, the confession can’t be used in court, and the prosecutio­n has offered a plea deal, a defense lawyer said.

Meanwhile, Montgomery insists he’s innocent.

“My statement, which was illegally obtained by Mr. Eric Kelly, cannot be used against me as evidence at trial!” Montgomery wrote in a handwritte­n letter that’s included in court records. It’s one of a lengthy list of filings he has submitted from behind bars.

“They cannot use Mr. Eric Kelly to testify against me at trial due to his damaged credibilit­y! Due to the fact that there is no substantia­l evidence against me, the courts have no case!”

The Shelby County District Attorney’s office declined to comment. “This is set for trial. We cannot discuss a pending case,” spokesman Larry Buser wrote in an email.

The situation illustrate­s how police misconduct can tarnish investigat­ions and disrupt the administra­tion of justice. The legal system relies on honest testimony from police officers and other officials, and once that honesty is seriously challenged, it is much harder to determine the truth.

83 years old and still dancing

Even into his 80s, Eddie Walker still liked to go to blues clubs and dance, one of his daughters, Vedia Brunt, said in an 2016 interview with WMC TV.

“A fun loving man. Outspoken man. He’s known to be outspoken. Everybody knows Eddie Walker,” she said. He was still working part-time as a security guard, she said.

On August 21, 2016, someone shot him near his home on Prospect Street and took his 2005 Ford Taurus. He died at a hospital.

“I was angry, and then I wanted to know why,” Brunt said at the time. “Even if you was going to take something from him, why did you have to shoot him?”

A crash and a confession

A short time after the fatal shooting, someone driving Walker’s stolen car crashed in Horn Lake, Mississipp­i. Two men ran from the car. Police caught them nearby The two men in the car were brothers. One of them was 21-yearold Ladarius Montgomery.

The evidence against him looked strong. He had been inside the victim’s car. He tried to flee from police. Investigat­ors found a gun in the car, and the ballistics from that gun matched the bullets from the victim’s body, said his defense lawyer, Juni Ganguli.

Once taken to the homicide office in Memphis, Montgomery was interrogat­ed by Kelly and by Sgt. Sheila WrightGree­n. (Her name is given as Sheila Green in some records.)

Without a lawyer, Montgomery signed a form giving up his right to remain silent and spoke with officers. Kelly typed up his statement and Montgomery signed it.

The document quotes Montgomery. “I was walking down the street and he was getting out the car and I called out to him,” it says at one point. “He just turned around and upped his gun on me and I shot him. I didn’t try to kill him. I was scared for my life and I shot him. I was just trying to ask him for a ride. His car was still running and I got in the car and rode off.”

At the end of the confession, Montgomery is quoted as saying, “I am very remorseful­ly for what I have done. It wasn’t intentiona­l. I was scared he was fixing to shoot me.”

No recording of the interrogat­ion exists, MPD says

There is no way to verify independen­tly that the four-page confession is what Montgomery really said.

For years, the MPD has stood out among law enforcemen­t entities nationwide for its reluctance to make recordings of interrogat­ions, the Institute for Public Service Reporting at the University of Memphis reported last year.

“No, we were not recording investigat­ive interviews in 2016. We began recording in July of 2019,” police spokespers­on Lt. Karen Rudolph wrote in an email.

Still, Montgomery had signed a document in which he admitted guilt to the killing. He faced a count of first-degree murder and other charges.

For the moment, it looked like Montgomery would face life in prison.

Lawyer tried to suppress confession

Montgomery couldn’t afford a lawyer, and the court appointed Ganguli, a private attorney, to defend him.

In the summer of 2018, more than a year before the detective’s issues became public, Ganguli filed a motion to keep a jury from seeing Montgomery’s confession.

“Mr. Montgomery alleged that the officers unduly coerced him and that his statement was given involuntar­ily,” the attorney wrote.

The document doesn’t go into detail. In a recent interview, Ganguli described it as a longshot effort. “There really isn’t much to the motion. We just did it because we had to.”

A hearing took place. Kelly testified against Montgomery, Ganguli said. The lawyer says that if he recalls correctly, he argued that law enforcemen­t threatened his client with the death penalty. ‘The judge ruled not to suppress the confession.

‘The stench of corruption’

Then in January of this year, the Institute for Public Service Reporting at the University of Memphis broke news of Kelly’s actions.

The background: Kelly had helped investigat­e the homicide of Robert Glidden, who was found nude and with signs of torture in 2017. Two men were charged in Glidden’s death.

In March 2018, Kelly wrote an arrest affidavit charging a young woman as an accessory after the fact, alleging that she took the suspects to different locations to use the victim’s credit cards.

Kelly later admitted he had a sexual relationsh­ip with this woman, according to the MPD’S internal investigat­ive report. Investigat­ors found sexual text messages between the two, receipts of money that Kelly sent her and photos of the woman in Kelly’s home, posing with guns.

MPD investigat­ors concluded Kelly had lied to them, too — for instance, he denied buying marijuana for the woman, but text messages suggested he did.

“His current and upcoming cases are now stained with the stench of corruption,” the internal investigat­ors wrote. Kelly resigned in late 2019. In January, the prosecutor’s office announced a review of all cases that Kelly touched, and also added that it was reviewing all cases involving officers on the Brady List, a list of officers who have gotten into trouble or whose honesty has been called into question.

Then in August, Kelly was indicted by a grand jury. He faces charges of official misconduct. An attorney entered a plea of not guilty on his behalf.

Kelly hasn’t spoken publicly about the case. His attorney, Arthur Quinn, declined to comment this week.

Detective’s actions lead to a plea offer

Because of Kelly’s actions, the prosecutor’s office has said it won’t use Montgomery’s statement of admission to the killing of the elderly man, Ganguli said.

Prosecutor­s have offered Montgomery a chance to plead guilty to second-degree murder and serve 25 years, he said.

“And so without his statement, we’ve benefited tremendous­ly in the sense that we’ve gone from no offer or spending life in jail, to an offer of 25 years of which Ladarius will serve 21,” Ganguli said.

“And he served four years already, (so it’s) 17 additional years. So it’s benefited us tremendous­ly.”

Ganguli says if the Montgomery case goes to trial, he could now argue that the real killer was his brother, Devonell Montgomery, who was in the car with him at the time of the Horn Lake crash.

Devonell Montgomery pleaded guilty to unrelated carjacking­s and this summer was sentenced to 13 years in federal prison. He’s currently in state prison on other charges.

Ganguli said the evidence isn’t as strong as it was before, but Ladarius Montgomery might have his own problems in a trial.

Among them: Montgomery has a prior criminal record, and if he testified in his own defense, the state could attack his credibilit­y by introducin­g his statement of admission.

It’s unclear what the victim’s family makes of all this.

Another one of Walker’s daughters, Edlyn Walker, said this month that she wanted to share her father’s story, but needed to check with a prosecutor first to avoid damaging the case. She later said the prosecutor advised her not to talk publicly until the case is resolved.

Plea negotiatio­ns go nowhere

Meanwhile, Montgomery has turned 25 inside the jail at 201 Poplar.

Ganguli said his client doesn’t want to take the plea deal that leads to a 25year sentence, and said the plea negotiatio­ns are stuck. “I think Ladarius would take a minimal prison sentence, something that wouldn’t require too much additional time. But the state does not want to offer that.”

Montgomery is now scheduled for trial in April 2021. Nearly five years will have passed since the killing. And with many other trials on hold due to the COVID-19 pandemic, this trial might face another delay.

It’s unclear how many other criminal cases have been impacted by the Kelly case and by other officers on the Brady List. The prosecutor’s office didn’t respond to requests for an update on its internal review of those cases.

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Walker

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