New Hampshire Supreme Court Overturns Adam Montgomery’s Murder Conviction in Harmony Montgomery Case

Court Finds Joinder of Charges Was Unfair

The central issue before the Supreme Court was whether prosecutors should have been allowed to try the July 2019 assault of Harmony together with allegations that Montgomery fatally beat her in December 2019.

The court concluded that combining the charges created a substantial risk that jurors would use evidence from the stronger assault case to infer Montgomery’s guilt in the murder case.

According to the opinion, the July 2019 assault charge was supported by multiple witnesses who observed Harmony with a black eye and heard Montgomery admit striking her. In contrast, the murder charge relied heavily on testimony from Montgomery’s estranged wife, Kayla Montgomery.

Harmony Montgomery’s Death

The opinion recounts evidence presented at trial regarding Harmony’s final months.

Harmony, who was five years old, began living with Adam Montgomery and Kayla Montgomery in February 2019. After the family was evicted from a Manchester residence in November 2019, they lived in a vehicle.

Prosecutors alleged that Harmony was repeatedly struck by Montgomery after becoming incontinent while the family was living in the car. According to trial testimony, on December 7, 2019, Montgomery repeatedly punched Harmony in the head after she had accidents while the family traveled between a methadone clinic and a Burger King.

Later that day, family members discovered Harmony was unresponsive and had died.

Evidence at trial showed Harmony’s body was concealed in a duffel bag, transported to multiple locations, hidden in a shelter ceiling vent, stored in a freezer, and later removed and disposed of after Montgomery allegedly purchased lime and tools in preparation for dismemberment.

Why the Murder Conviction Was Reversed

The Supreme Court emphasized that only Kayla Montgomery directly implicated Adam Montgomery in Harmony’s death.

While prosecutors presented extensive evidence corroborating events that occurred after Harmony died, including the concealment and disposal of her body, the court found that much of that evidence did not independently establish who caused the fatal injuries.

The justices concluded that the improperly joined assault charge likely strengthened the State’s weaker murder case by allowing jurors to draw an impermissible propensity inference.

Because of that risk, the court determined the error was not harmless and reversed the murder conviction.

Other Convictions Remain Intact

The court upheld Montgomery’s conviction for the July 2019 second-degree assault of Harmony, finding that evidence supporting that charge was overwhelming and that any error related to joinder did not affect the verdict.

Additional Rulings

The Supreme Court addressed several evidentiary issues likely to arise during a future retrial.

The court ruled that evidence showing Montgomery struck Harmony during the period when the family was homeless was properly admitted because it formed part of the sequence of events leading up to the charged homicide.

However, the court found that evidence suggesting Montgomery prevented Harmony’s mother from having contact with her before her death was not intrinsic to the murder charge. The justices ruled that the trial court erred in admitting that evidence on that basis, although prosecutors may seek to introduce it under other evidentiary rules during a retrial.

The court also upheld the admission of a silent video showing Montgomery’s December 31, 2021 encounter with police, finding that it did not improperly reference his right to remain silent and carried little risk of unfair prejudice.

Case Remanded for New Trial

As a result of the ruling, Montgomery’s conviction for the murder of Harmony Montgomery has been vacated and the case has been remanded to the trial court for further proceedings.

The Supreme Court’s final order affirmed Montgomery’s convictions for second-degree assault, falsifying physical evidence, witness tampering, and abuse of a corpse, reversed the second-degree murder conviction, and returned the case to the lower court for a new trial on the homicide charge.