Judge raises bail to $500,000 in Penryn care-home rape case

Suspect Marquise Montgomery makes first court appearance
By: Gus Thomson, Journal Staff Writer
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AUBURN CA - A Placer County judge increased bail Friday for care-home rape suspect Marquise Montgomery from $150,000 to $500,000.

Montgomery, 22, was arrested Wednesday in Elverta on suspicion of raping a severely disabled woman in the spring or early summer of 2011 when he worked the night shift at a Penryn care facility managed by ResCare Inc.

Montgomery pleaded not guilty to charges at Friday’s brief hearing, showing little emotion.

Judge John Cosgrove decided to raise bail after hearing arguments from the Placer County District Attorney’s Office alleging Montgomery is a flight risk.

The woman alleged to have been assaulted by Montgomery was described in court as unable to speak or communicate in other ways, blind, and unable to perform simple daily tasks without assistance.

Cosgrove was told that Montgomery is alleged to have entered the woman’s room during his night shift to perform the crime. He is being charged with felony rape of an incompetent adult.

The woman became pregnant from the sexual assault and gave birth this past February, court was told. The Sheriff’s Office could provide no information on the health status of the baby.

Montgomery is also being charged with an allegation of causing great bodily injury to the victim.

Cosgrove set Montgomery’s next court appearance for this coming Wednesday in Roseville. The judge said that because of the appointment of a public defender at Friday’s arraignment, he will hear further arguments on the bail amount.

According to the Placer County Sheriff’s Office, Montgomery was identified as a person of interest early in the investigation but he had left his job before a DNA test could be performed. Other male employees at the care facility volunteered to give DNA samples and were cleared of any involvement.

During the bail hearing, the District Attorney’s Office informed Cosgrove that Montgomery was living as a transient in Elverta, while allegedly making an income selling drugs. The Sheriff’s Office said that investigators were able to secure a DNA sample from a relative, sparking a warrant for Montgomery’s arrest.

Court was told Friday that the DNA test matched Montgomery to the baby.

John Lyman, attorney with the Public Defender’s Office, asked Cosgrove for more time to go over information filed with charges against Montgomery before raising bail.

Lyman said a cursory look at the District Attorney’s Office submission indicated Montgomery had no prior criminal history.

Cosgrove said he would set bail at $500,000 but provide the opportunity for a review on Wednesday.