The New Hampshire Supreme Court has overturned the murder conviction of Adam Montgomery, who was found guilty in 2024 of killing his 5-year-old daughter, Harmony Montgomery, in a case that drew national attention after the child disappeared and was never found.
In a ruling issued Thursday, the court determined that Montgomery’s second-degree murder charge and a separate assault charge involving Harmony should not have been tried together. The justices concluded that combining the charges may have unfairly influenced the jury and violated Montgomery’s right to a fair trial.
Montgomery had been convicted of second-degree murder, second-degree assault, witness tampering, and falsifying physical evidence in connection with Harmony’s death, which prosecutors said occurred in December 2019. He was sentenced to 56 years to life in prison.
The Supreme Court ruled that evidence supporting the July 2019 assault charge was significantly stronger than the evidence presented for the murder allegation. According to the court, there was a substantial risk that jurors relied on evidence of the earlier assault to conclude that Montgomery later fatally attacked his daughter.
A key issue in the ruling centered on testimony provided by Montgomery’s wife, Kayla Montgomery. Prosecutors relied heavily on her account to argue that Adam Montgomery repeatedly punched Harmony in the head, causing her death in December 2019.
Kayla Montgomery testified that after Harmony’s death, her husband concealed the child’s body in several locations, including a ceiling vent at a homeless shelter and a freezer at his workplace, before eventually disposing of the remains. She also testified about discussions involving plans to dismember the body.
However, the Supreme Court found that while this testimony may support allegations that Montgomery concealed the body after Harmony’s death, it did not independently corroborate the claim that he killed her through a fatal assault.
The court also questioned other evidence presented by prosecutors, including testimony from a friend who said Montgomery repeatedly stated, “I messed up,” while pacing after asking him to rent a U-Haul truck in 2020. Prosecutors argued the vehicle was used to move Harmony’s remains.
The justices acknowledged that the testimony suggested a consciousness of guilt but concluded that it did not specifically support the allegation that Montgomery caused Harmony’s death.
Despite the reversal of the murder conviction, Montgomery will remain in prison. He is currently serving a minimum sentence of 32½ years on separate firearms-related convictions dating back to 2023. The Supreme Court also upheld his assault conviction connected to the July 2019 incident involving Harmony, meaning he still faces substantial prison time.
Montgomery’s attorney, Pamela Phelan, welcomed the ruling, stating that the decision reinforced the importance of ensuring every defendant receives a fair trial, regardless of the allegations involved.
State prosecutors have not yet announced whether they intend to retry Montgomery on the murder charge.
Harmony Montgomery was first reported missing in 2021, nearly two years after prosecutors believe she was killed. Despite years of investigation and extensive searches, her body has never been recovered.
