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LaDondrell Montgomery Alibi: Houston Man Avoids Life Sentence, Was In Jail During Crime

First Posted: 12/12/11 01:27 PM ET Updated: 12/12/11 01:27 PM ET

If you ever need an ironclad alibi, "I was behind bars" is apparently a pretty good one.

A 36-year-old Houston man avoided a life sentence on Thursday after a court determined that he was actually imprisoned during the time of the crime in question.

The court overturned a prior conviction against LaDondrell Montgomery, who proved that the Dec. 13, 2009 armed robbery incident -- in which police say a man entered a T Mobile store and demanded money before striking a female clerk in the head -- took place approximately nine hours before authorities released Montgomery from the Harrison County Jail, the Houston Chronicle reports.

"That information, everyone would assume, would come from the person in custody," said Alison Baimbridge, Assistant Harris County Attorney, according to KHOU.

Judge Mark Kent Ellis hardly found the oversight amusing, calling the prosecutors and defense attorneys "spectacularly incompetent," according to the Associated Press.

Montgomery does have a checkered past, however. When asked if his client had been in and out of prison so frequently that the defense overlooked the possibility he was in custody, defense attorney Ronald Roy said that would be "fair."

Montgomery remains in prison without bond on five other robbery charges.

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Filed by Steven Hoffer  |