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New Hampshire's Supreme Court has overturned the murder conviction of Adam Montgomery, an ex-con drug addict who had been found guilty of brutally killing his 5-year-old daughter Harmony and hiding her remains, which have not been found.
"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 decided.
The court upheld his convictions on related charges, including abuse of a corpse, tampering with evidence and assault.
The New Hampshire Attorney General’s Office confirmed to Fox News Digital on Thursday that it plans to try Montgomery for a second time on the murder charge.
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Adam Montgomery and his lawyers Caroline Smith and James Brooks watch potential jurors enter the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H., on Feb. 6, 2024. (David Lane/Union Leader Pool)
"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," said Michael Garrity, a spokesperson for Attorney General John Formella. "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."
According to the ruling, jurors were given strong evidence that Adam Montgomery beat Harmony months before her death, which improperly allowed them to draw the conclusion that he beat her again in December 2019, resulting in her death, in an incident where there was less evidence.
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"The State's case on the second degree assault charge was strong," the court's opinion reads. "Three witnesses testified to observing the victim with a black eye in July 2019. Four witnesses, including two who observed the victim's black eye, testified that the defendant admitted striking the victim."
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Only one witness linked him to the December assault believed to have resulted in Harmony's death, however. That was Kayla Montgomery, Adam's then-wife and Harmony's stepmother. She was granted a deal with prosecutors in exchange for her testimony, and the defense challenged her credibility.
"We are absolutely disgusted by the decision of the New Hampshire Supreme Court," said the adoptive parents of Harmony's brother, Jamison, Johnathon Miller and Blair Miller. "The reality is — more protection is in place for this monster than Harmony Montgomery ever received."
Kayla Montgomery, the estranged wife of Adam Montgomery, reacts to a migraine headache while testifying against him during his trial in Hillsborough County Court in Manchester, N.H., on Feb. 9, 2024. (Jeffrey Hastings/Pool)
The murder case was remanded to a lower court, where prosecutors said they are confident they will prevail again.
"We remain confident in the facts of this case, the evidence presented, and the exceptional work of our prosecutors, investigators, and law enforcement partners," Garrity said. "We will continue our efforts to seek justice for Harmony Montgomery and all those who knew and loved her."
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Police arrested Montgomery in January 2021 after Harmony's mother, who did not have custody and was no longer involved with Montgomery, reported her missing.
Investigators in Manchester, New Hampshire, discovered the girl had been unaccounted for since 2019.
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On Dec. 7, 2019, the day investigators believe Harmony died, she had soiled herself in her sleep, prosecutors said.
Her father allegedly beat her over the head, telling his then-wife Kayla Montgomery, "I think I really hurt her this time."
Harmony Montgomery and her little brother Jamison are shown at a foster home more than two years ago. (Johnathon Miller)
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Harmony was never seen again.
The defense painted Kayla Montgomery as an unreliable witness and attempted to blame her for the crime, arguing during trial that she was the last person to see Harmony.
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Harmony Montgomery is reported missing. Anyone with information is asked to call the Manchester Police Department tip line at 603-203-6060. (Manchester Police Department)
The court found that trying the murder charge alongside the related counts was unfair to Adam Montgomery as a result — even though his defense had requested the initial joinder. After receiving more evidence, he later tried to have the cases severed, unsuccessfully.
"While the jury heard no evidence that Kayla had ever physically assaulted the victim, it heard eviden…
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