• WHO: Prosecutors, Adam Montgomery, New Hampshire Supreme Court
  • WHAT: Prosecutors seek to reinstate Adam Montgomery's second-degree murder conviction.
  • WHERE: Concord, New Hampshire
  • WHEN: Motion filed after earlier decision in May 2024.
  • STATUS: Adam Montgomery remains incarcerated on other convictions.

Prosecutors in New Hampshire have filed a new motion urging the state's highest court to reconsider its decision to overturn Adam Montgomery's conviction for the second-degree murder of his 5-year-old daughter, Harmony Montgomery.

The motion, filed in Concord, New Hampshire, by state prosecutors, seeks to reinstate the conviction of Adam Montgomery, who was previously found guilty in the death of his daughter, Harmony, whose remains have not been found.

What Happened

Adam Montgomery, 36, was convicted by a jury of second-degree murder, second-degree assault, falsifying physical evidence, witness tampering, and abuse of a corpse in connection with the death of his daughter. Earlier this month, the New Hampshire Supreme Court overturned the second-degree murder conviction, citing that a judge had improperly joined the cases for assault and murder during the initial trial.

In their new motion, prosecutors argue that the justices erred in their legal interpretation. They point out that Adam Montgomery initially requested that the charges be joined. Prosecutors assert that Montgomery only changed his mind and sought to sever the trials after being informed that his wife, Kayla Montgomery, had altered her story and was prepared to testify against him. The state contends that Montgomery’s initial "strategic decision to join those charges for trial constitutes strong evidence that joinder remains reasonable and not untenable or unreasonable to the prejudice of the defendant’s case, particularly where the state of the evidence had not changed."

State prosecutors further argue that the Supreme Court's justices made an error by considering the full trial record when writing their opinion. According to the prosecution, the law dictates that justices should only review the evidence available to the court when the motions were initially decided. Since the motion to sever the charges was not renewed during the trial, prosecutors maintain that reviewing the full trial record was improper. The motion states, "By reviewing the evidentiary trial record to determine whether the trial court struck that balance reasonably prior to trial, this Court departed from the established standard of review and, instead of reviewing for an unsustainable exercise of discretion, engaged in a different exercise of discretion.” Prosecutors also contested the court’s previous suggestion that their murder case was "substantially weaker" than the assault case, emphasizing that evaluating witness credibility and evidence weight is "exclusively within the province of the jury.”

The Charges Explained

While the specific charges in this latest motion are not itemized, the original charges for which Adam Montgomery was convicted included:

  • Second-Degree Murder: Causing the death of another person recklessly under circumstances manifesting an extreme indifference to the value of human life.
  • Second-Degree Assault: An intentional or reckless act causing serious bodily injury to another.
  • Falsifying Physical Evidence: Altering, destroying, or concealing any physical evidence with the intent to impair its verity or availability in an official proceeding.
  • Witness Tampering: Attempting to induce a witness to testify falsely, withhold testimony, or otherwise influence their testimony in an official proceeding.
  • Abuse of a Corpse: Treating a dead human body in a way that would outrage ordinary family sensibilities or disturbing human remains.

How These Cases Move Through Court

Criminal cases in New Hampshire, like other states, typically begin with an arrest and a formal complaint. For felony charges such as second-degree murder, the case will often proceed to a grand jury, which determines if there is sufficient evidence to issue an indictment. Following an indictment, the defendant is arraigned, where they are formally read the charges and enter a plea. Pre-trial motions, hearings, and discovery then follow, leading up to a potential plea bargain or a trial. If convicted, a defendant may appeal the conviction or sentence to the state’s higher courts, such as the New Hampshire Supreme Court, which is currently reviewing aspects of this case. The appeals process examines whether legal errors were made during the trial or in pre-trial proceedings.

Context & Background

Cases involving the death of a child, particularly when the body is not recovered, present significant challenges for law enforcement and prosecutors. The absence of a body can complicate evidence collection and the establishment of cause and manner of death. In such instances, prosecutors often rely on circumstantial evidence, forensic analysis, and witness testimony, as highlighted by the reliance on Kayla Montgomery's testimony in this case. The legal dispute over the joinder of charges and the standard of review by appellate courts are common points of contention in complex criminal cases, particularly when multiple charges arise from a single course of conduct.

Recognizing and Reporting Homicide

Recognizing the signs of potential violence or abuse can be critical. If you suspect someone is in immediate danger, always call 911. For situations involving domestic violence, which can sometimes escalate to homicide, resources such as the National Domestic Violence Hotline at 1-800-799-SAFE (7233) are available. If you have information about missing children or cases of child abuse, you can contact the National Center for Missing & Exploited Children at 1-800-843-5678 (1-800-THE-LOST) or report tips to local law enforcement. For federal crimes or information that may assist federal investigations, contact the FBI at 1-800-CALL-FBI.

What Happens Next

The New Hampshire Supreme Court will now consider the state’s motion to reconsider its earlier decision. The court may request additional briefs from both the prosecution and Adam Montgomery's defense team. A decision on the motion for reconsideration will determine whether the second-degree murder conviction is reinstated, or if the case will proceed in line with the court's previous ruling to overturn that specific conviction.