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New Hampshire Supreme Court Overturns Adam Montgomery’s Murder Conviction

6/12/2026, 1:48:43 AM

Core Event

On June 6, 2026 the New Hampshire Supreme Court vacated Adam Montgomery’s murder conviction for the 2019 death of his 5-year-old daughter, Harmony, because joining the murder charge with a separate assault charge “jeopardized the defendant’s right to a fair trial.” The court upheld convictions for assault, falsifying evidence, witness tampering and corpse abuse, leaving Montgomery on those counts and a prior firearms sentence.

Background & Key Figures

Harmony Montgomery was placed with her father, Adam Montgomery, in February 2019 after her mother, Crystal Sorey, lost custody. The family lived in a car and a homeless shelter; Harmony was reported missing in 2021. Criticism of New Hampshire and Massachusetts child-protective services led to a $2.25 million state settlement and a $15.5 million wrongful-death judgment. Involved parties are Adam Montgomery (father, convicted of assault-related offenses), his estranged wife Kayla Montgomery (prosecution witness, perjury conviction), Justice Bryan Gould (appellate author) and Attorney General John Formella (announced retrial).

Timeline

July 2019: assault on Harmony documented by multiple witnesses. Dec 7 2019: alleged fatal beating and body moved among several locations. Oct 2022: Montgomery charged with murder and related offenses. Feb 2024: jury convicts on all counts, sentencing to 56 years-to-life. June 2026: Supreme Court overturns murder conviction.

Data & Statistics

Sentences upheld include 45-56 years-to-life for assault-related crimes and a 32½-year firearms term, totaling 43.5 years. The state paid $2.25 million to Sorey and $15.5 million in a wrongful-death judgment.

Why It Matters

The ruling highlights the need to separate charges when evidence strength differs, protecting fair-trial rights, and renews calls for child-protective system reforms in New Hampshire and Massachusetts.

Official Statements & Responses

The Attorney General’s office said it was “disappointed” but reaffirmed confidence in the case and announced a retrial. Former assistant AG Jesse O’Neill stressed the court’s role in ensuring fairness. Police chiefs Allen Aldenberg and Peter Marr expressed respect for the decision and commitment to justice. Defense attorney Pamela Phelan called the opinion a safeguard for fair trials.

Criticism & Opposition

Adoptive fathers Blair Miller and Johnathon Bobbitt-Miller denounced the overturn, calling Montgomery a “monster” and decrying perceived leniency.

Conflicting Reports & Gaps

Prosecutors rely on Kayla Montgomery’s testimony that Adam killed Harmony; the defense argues she acted alone. No physical evidence directly ties Montgomery to the fatal blow, and Harmony’s body remains missing.

Verbatim Quotes

  • “We conclude that the misjoinder of offenses was not harmless as to the homicide charge.” — New Hampshire Supreme Court
  • “Supreme Court agreed: “As compared to the evidence of multiple disinterested witnesses substantiating the July assault, the evidence of the December 7, 2019 fatal attack is substantially weaker.” — Justice Bryan Gould
  • “MONTGOMERY’S DEFENSE ATTORNEY JUST RELEASING A STATEMENT TO NEWS NINE, WHICH SAYS, QUOTE, THE COURT’S DECISION ADDRESSES IMPORTANT ASPECTS OF A FAIR TRIAL.” — Pamela Phelan
  • “We remain confident in the facts of this case, the evidence presented, and the exceptional work of our prosecutors, investigators, and law enforcement partners,” — Michael Garrity

What’s Next

The Attorney General will file a new murder indictment and schedule a separate trial, while civil suits continue and officials review child-protective policies.