The New Hampshire Supreme Court reversed a murder conviction Tuesday for Adam Montgomery, a Manchester man accused of killing his 5-year-old daughter, Harmony.
According to a a 15-page ruling, the state supreme court ruled that a lower court wrongly combined Montgomery’s July 2019 assault charge with a separate homicide charge.
The justices found that combining the charges into one trial created heightened risk that caused evidence imbalance from the assault case, which led to a jury prejudice.
The prosecution argued that the evidence for murder had been strong, including family members who previously stated Harmony had been physically abused, prompting the 2019 assault charge.
The defense argued that the only testimony that linked him to murder came from Montgomery’s then-wife, Kayla Montgomery, who took a plea deal in 2002.
The deal reduced her perjury sentence for lying about Harmony’s whereabouts. The state also dropped welfare fraud charges that stemmed from her receiving government benefits in Harmony’s name after the 5-year-old disappeared.
According to the New Hampshire Department of Justice, Harmony vanished at some point between November 28 and December 10, 2019. Investigators later determined she likely died on December 7, 2019.
At the time, Adam, Harmony, and Kayla Montgomery, along with other children, had been living out of a car in Manchester.
Kayla Montgomery testified that the defendant became enraged with Harmony after she had a bathroom mishap inside the vehicle. The accident resulted in Adam Montgomery repeatedly punching Harmony in the face until she became unresponsive.
At the time, Harmony’s mother, Crystal Sorey, did not have contact with her daughter and her disappearance was not reported until November 2021.
Kayla Montgomery testified that they hid Harmony’s body in numerous places over a three-month period before Adam Montgomery rented a U-Haul in 2020 and left overnight with the body. Kayla Montgomery stated she did not know where he took Harmony.
Adam Montgomery/Machester Police Department
Harmony’s remains have never been found.
Meanwhile, Attorney General John Formella stated that his office would retry Adam Montgomery, according to local station WMUR.
“This is a case and a story that has been really difficult for the city of Manchester, for the entire state, and our hearts just go out to Harmony Montgomery’s family, her loved ones, all those who knew and loved her and everybody who’s been affected by this case,” Formella said.
“We respect this decision, but we’re very disappointed by it.”
Adam Montgomery remains behind bars, serving 43.5 years for six felony weapons, second-degree assault, witness tampering, and falsifying physical evidence convictions.
Check back for updates.
[Featured image: Harmony Montgomery/Handout]
