The New Hampshire Supreme Court has unanimously overturned the second-degree murder conviction of Adam Montgomery in the death of his 5-year-old daughter, Harmony.
Justices ruled on June 11 that combining Montgomery’s murder case with a separate assault charge negatively impacted his right to a fair trial. According to the court’s ruling, doing so created a significant risk that the jury would assume he delivered the fatal blows in December 2019 simply because he had struck the child in the head previously.
While the murder conviction is now dismissed, the court upheld Montgomery’s other convictions connected to the case, including falsifying evidence, witness tampering, and abuse of a corpse. Montgomery will not be released from custody. He is currently serving 32 and a half years in prison for unrelated gun charges.
The New Hampshire Attorney General’s Office announced it will pursue a retrial on the overturned murder charge.
Addressing the court’s decision, Attorney General John Formella said, “This is a case and a story that has been really difficult for the city of Manchester, for the entire state, and our hearts just go out to Harmony Montgomery’s family, her loved ones, all those who knew and loved her and everybody who’s been affected by this case. We respect this decision, but we’re very disappointed by it.”
Harmony was reported missing in November 2021 by her mother, Crystal Sorey. Sorey, who lost custody due to substance abuse issues, told authorities she had not been able to contact her daughter in six months.
During the 2024 trial, Montgomery’s wife, Kayla, provided the primary direct link between her husband and the child’s death. She testified that the family had been evicted and was living in their car in late 2019. Kayla told the court her husband became angry over Harmony having bathroom accidents in the vehicle and repeatedly punched the child in the head while they were stopped at red lights.
An affidavit states Montgomery allegedly placed the girl’s body in a duffel bag and moved it to multiple locations, including a ceiling at a transitional housing shelter. When the bag began leaking, he allegedly wrapped the body in plastic. DNA testing on the ceiling later matched Harmony. To date, the child’s remains have never been found.
The defense argued during the trial that Kayla Montgomery was the one who killed the child.
The adoptive parents of Harmony’s brother released a statement expressing intense frustration over the Supreme Court’s ruling.
“We are absolutely disgusted by the decision of the New Hampshire Supreme Court. The reality is — more protection is in place for this monster than Harmony Montgomery ever received,” the statement read. “It’s always been our hope and prayer that Harmony’s brother and our son, Jamison, would not have to experience court proceedings where he would see or hear about the nightmare that his sister lived. We always wanted his youth to help shield him. This decision by the justice system now means the nightmare returns and his innocence will be victimized again and again. It’s not right.”
In a related civil matter, Sorey was recently awarded a $2.25 million settlement from the state of New Hampshire. The lawsuit accused social workers of ignoring signs that Harmony was in danger after being placed in her father’s custody. The state admitted no wrongdoing as part of the settlement.
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