You must be logged in to see or use the Shoutbox. Besides, if you haven't registered, you really should. It's quick and it will make your life a little better. Trust me. So just register and make yourself at home with like-minded individuals who share either your morbid curiousity or sense of gallows humor.
The New Hampshire Supreme Court overturned the murder conviction of Adam Montgomery in the death of his 5-year-old daughter Harmony in a case that had spurred sharp criticism of the child protective services system.
Montgomery was found guilty in 2024 of second-degree murder in the death five years earlier of Harmony, who was reported missing in 2021. He was also found guilty on charges of second-degree assault for a July 2019 incident and charges of witness tampering, falsifying physical evidence and abuse of a corpse, according to court documents.
In its 15-page ruling issued Thursday, the New Hampshire Supreme Court said the assault charge – in which Montgomery was accused of striking Harmony – should have been severed from the murder charge and dealt with in separate trials.
“We conclude that, under these circumstances, trying the second degree assault and second degree murder charges in a single trial jeopardized the defendant’s right to a fair trial,” the court wrote.
The evidence of the assault was strong and relied on multiple witnesses, the court wrote. But the evidence of the murder was “substantially weaker,” primarily based on the testimony of his wife Kayla Montgomery, who had previously pleaded guilty to perjury.
“We therefore conclude that this disparity created a significant risk that the jury would rely on the strength of the evidence that the defendant struck the victim in anger in July to conclude that, as Kayla testified, he similarly — and fatally — struck the victim in December,” the court wrote.
The court therefore overturned the murder conviction but affirmed the other charges. The court remanded the case back to a trial court for a retrial.