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DENVER—A judge declared a mistrial in the trial of a man accused of strangling a 3-year-old girl and stuffing her body in a trash bag.
KMGH-TV reports ( ) the mistrial follows testimony by Miriam Gallegos, the girl’s mother, that the accused had a history as a sex offender. A judge previously ruled that Angel Ray Montoya’s sex offender history could not be brought up at trial.
The 23-year-old Gallegos is serving a 12 year prison sentence. Prosecutors allege Montoya killed Neveah Gallegos while her mother was at work in 2007, and the couple made up a story that the girl had been kidnapped.
Montoya’s first-degree murder and child abuse resulting in death trial began last week. A status conference is scheduled next week.
