PITTSBURGH (AP) – A suspended northwestern Pennsylvania high school teacher awaiting trial on state court charges that he molested a boy for several years has now been charged for a second time this year with producing and possessing child pornography.
The latest charges filed by federal prosecutors in Erie allege David Montgomery, 43, of Erie, enticed two boys – described in court documents as one born in 1995 and the other in 2002 – to commit sexual acts so he could make photos or videos.
The charges involving the 1995 boy stem from at least eight incidents between July 2005 and July 2010, while Montgomery made pornography featuring the other boy once in August 2010, according to court documents.
The new charges, first reported by the Erie Times-News on Wednesday, grew out of a search of Montgomery’s residence in April that occurred after a now-18-year-old man claimed that Montgomery molested him repeatedly from age 8 to 15. It’s not clear if the 18-year-old is the same victim listed in the latest federal court charges with the younger boy.
Montgomery still is awaiting trial in Erie County Common Pleas Court on the molestation charges, including involuntary deviate sexual intercourse and indecent assault on a victim younger than 13.
Federal prosecutors unsealed a grand jury indictment in June, charging Montgomery with creating pornography depicting a boy born in 1995, and possessing material produced by others that was found when his home was raided in April.
Federal prosecutors don’t name the alleged victims in either set of charges and won’t say whether the alleged state court molestation victim is depicted in any of the pornography the FBI seized. But prosecutors did confirm that federal charges in the June indictment and the new charges filed Tuesday referring to a boy born in 1995 involve the same victim.
Montgomery has denied wrongdoing in the past. His defense attorney, Gene Placidi, did not immediately return calls and an email requesting comment.
Montgomery has been suspended from Northwest Pennsylvania Collegiate Academy since his arrest two years ago on charges that he molested a 12-year-old boy who visited Montgomery’s home for Christmas in 2010. Montgomery also was charged with molesting the boy’s younger brothers, ages 9 and 6, but a judge threw out those charges after the youngest boy balked when asked at a pretrial hearing whether he understood the difference between truth and a lie.
Montgomery was later acquitted, in May, of molesting the oldest brother.
At a detention hearing on the first set of federal charges in June, Assistant U.S. Attorney Christian Trabold told a federal magistrate judge that the pornography found at Montgomery’s home included a picture of a naked boy lying on Montgomery’s bed, covered in money.
U.S. Magistrate Susan Paradise Baxter jailed Montgomery until he can stand trial on the federal charges partly because of Trabold’s assertion that some of the child pornography resulted from “a long-standing child sex-abuse case that Mr. Montgomery took great pains to memorialize.”
The newest child pornography charges resulted when the FBI was able to identify another boy in some of the allegedly homemade pornography and additional images of the boy born in 1995.