New Hampshire Supreme Court Reverses Adam Montgomery Murder Conviction

CONCORD, NH — The New Hampshire Supreme Court on Thursday reversed Adam Montgomery’s second-degree murder conviction in the death of his daughter, Harmony Montgomery, while affirming his convictions for second-degree assault, falsifying physical evidence, witness tampering, and abuse of a corpse, according to an opinion issued in State v. Montgomery.

The court said the trial court should have severed the July 2019 assault charge from the homicide charge because a single trial created “a significant risk” jurors would use evidence from the stronger assault case to improperly influence their verdict on the murder count.

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In the opinion, the court said the state’s case on the July 2019 assault charge was strong, with multiple witnesses describing a black eye and testimony that Montgomery admitted striking the girl. By contrast, the court said only Kayla Montgomery’s testimony directly implicated him in Harmony Montgomery’s death on Dec. 7, 2019, and that other evidence cited by the state corroborated actions after the child’s death rather than the killing itself.

The justices wrote that trying the charges together jeopardized Montgomery’s right to a fair trial. The court also said evidence that Montgomery prevented Harmony’s mother from contacting her was not intrinsic to the murder charge, though it said evidence of assaults during the family’s homelessness was intrinsic. The case was remanded for further proceedings.

In a statement, the New Hampshire Department of Justice said:

“We are disappointed by the Court's decision to order a new trial on the second-degree murder charge, and we plan to pursue a re-trial on that charge. Adam Montgomery remains convicted of multiple serious felonies arising from Harmony's death, as well as separate firearms offenses that were previously upheld on appeal. Montgomery’s total sentence of 43.5 years for these additional charges stands and is not affected by the Court’s decision today.

We remain confident in the facts of this case, the evidence presented, and the exceptional work of our prosecutors, investigators, and law enforcement partners. We will continue our efforts to seek justice for Harmony Montgomery and all those who knew and loved her.”

State leaders also weighed in on the decision:

Speaker Sherman Packard

"What happened to Harmony Montgomery was a horrific crime that shocked people across our state. I am confident the Attorney General's Office will continue to vigorously pursue justice for Harmony."

Senate President Sharon Carson:

“A jury found Adam Montgomery guilty in the face of overwhelming evidence. I urge the Attorney General to retry him for this heinous crime and bring some measure of justice to a little girl who should still be with us today.”

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