Harmony Montgomery’s Murder Conviction Is Gone!!

The conviction that was supposed to name what happened to five-year-old Harmony Montgomery has been erased. The New Hampshire Supreme Court ruled unanimously that trying the December 2019 killing alongside a July 2019 assault in a single proceeding was unfair to Adam Montgomery. The strong assault evidence — multiple witnesses, documented injuries — contaminated the jury’s evaluation of the weaker murder case, which rested almost entirely on one witness: Kayla Montgomery, Adam’s estranged wife, who served time for lying to investigators before she agreed to testify.
The defense argued that Kayla was responsible for Harmony’s death and that Adam only covered it up. That theory never got a fair hearing because the jury had already seen overwhelming proof of a separate assault. The court found the disparity in evidence strength created a significant risk the jury relied on the wrong charge to convict on the right one. The trial judge denied the defense’s motion to separate the counts. Five justices said that was an error.
Criminal defense attorney Bob Motta examines the mechanics of this reversal — what prejudicial joinder actually looks like in a courtroom, how the defense ended up arguing both sides of the severance question, and whether the trial judge should have caught the problem before it destroyed the conviction. Montgomery still faces decades in prison on the surviving charges plus a thirty-two-and-a-half-year firearms sentence. Prosecutors have announced plans to retry the murder charge. But Harmony’s remains have never been recovered. Adam Montgomery still will not say where he put his daughter.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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