New Hampshire Supreme Court Overturns Adam Montgomery's Murder Conviction

The state plans to retry the case, while Montgomery remains imprisoned on other charges totaling 43.5 years.

Court Ruling

The New Hampshire Supreme Court issued its decision on Thursday, finding that the trial court’s decision to try a second-degree assault charge alongside the second-degree murder charge was prejudicial to the murder charge.

The court ruled that evidence presented for the assault charge may have unfairly influenced the jury’s decision on the murder charge. The state had argued that the evidence of guilt was overwhelming, but the high court ruled that the error was not harmless.

The case has been returned to the lower court for a retrial on the murder charge.

Remaining Convictions

The court affirmed Montgomery’s convictions for:

• Second-degree assault
• Falsifying physical evidence
• Witness tampering
• Abuse of a corpse

His aggregate sentence on those charges remains 43.5 years in prison. Montgomery was originally sentenced in 2024 to a minimum of 56 years to life; the second-degree murder conviction accounted for 45 years of that sentence.

Background

Harmony Montgomery was reported missing in 2021, nearly two years after she was last seen in 2019. Her body has never been found.

Adam Montgomery was convicted in 2024. During the trial, Kayla Montgomery, the girl’s stepmother, testified that Adam killed Harmony on December 7, 2019, by punching her repeatedly while the family lived in their car. She testified that he moved the body multiple times before disposing of it in March 2020.

The state previously settled a lawsuit with Harmony’s mother, Crystal Sorey, for $2.25 million, alleging social workers failed to protect the girl.

Official Statements

• Attorney General John Formella stated that the office respects the court’s decision but is disappointed, and confirmed that the state plans to pursue a retrial.
• Former Manchester Police Chief Allen Aldenberg expressed confidence in a successful retrial.
• Current Police Chief Peter Marr called the ruling "the process at work."
• Former assistant attorney general Jesse O'Neill noted the court’s role in ensuring fair trials.
• Defense attorney Pamela Phelan praised the decision, emphasizing the right to a fair trial.
• Attorney General's office spokesperson Michael Garrity confirmed the state will pursue a retrial on the second-degree murder charge.

Montgomery’s attorneys did not respond to requests for comment.