Judge orders 'all necessary steps' for Adam Montgomery to appear at sentencing

Apr. 21—A Hillsborough County judge ordered Adam Montgomery to be present in the courtroom for his sentencing hearing next month after being convicted of murdering his 5-year-old daughter, Harmony.

Judge Amy Messer said the sheriff's office "shall take all necessary steps" to make sure Montgomery appears at his sentencing on May 9 at 1 p.m.

Messer issued the ruling after Montgomery requested to be excused in maintaining his innocence on charges of second-degree murder, tampering with a witness and second-degree assault. Montgomery only appeared at the first day of jury selection before refusing to attend any of the trial, which lasted just shy of three weeks.

Messer cited state law which states: "The defendant shall personally appear in court when the victim or victim's next of kin addresses the judge," unless excused by the court.

"The only factual basis the defendant asserts is his contention that he is innocent as to some of the charges," Messer wrote. "However, the defendant has been found guilty, beyond a reasonable doubt, by a jury as to those charges."

Montgomery admitted to charges of abuse of a corpse and falsifying evidence.

Messer wrote "The Office of the Hillsborough County Sheriff shall take all necessary steps to ensure the defendant's timely appearance" at his sentencing hearing.

Hillsborough County Sheriff Chris Connelly said Sunday his office deals with inmates on any given day who refuse to go to court.

"Not everyone is always interested in going to court," he said.

The sheriff declined to go into specifics about how it will be enforced if Montgomery refuses transport. Sheriff's deputies do not enter the prison, but rather pick up prisoners in a receiving area, he said.

"We will work with our partners at the New Hampshire Department of Corrections," Connelly said.

Last week, correctional officers spoke against a bill aimed at compelling a defendant to be present at the reading of the verdict and sentencing saying it would be too risky especially if the inmate needed to be restrained.

Public defender Caroline Smith asked Messer to excuse Montgomery because he maintains his innocence.

Prosecutor Benjamin Agati pushed back saying Montgomery has no right to skip sentencing because of the state law, RSA 651:4-a.

Crystal Sorey, who is Harmony's biological mother, has previously said she is ready to face Montgomery at his sentencing.

Johnathon Bobbitt-Miller, who along with his husband Blair Miller, adopted Harmony's brother, Jamison, is also expected to offer a victim-impact statement on behalf of his family.

"You will have to meet us face-to-face May 9th, Adam Montgomery. You will hear how you introduced murder into our family and how you forever took away the one thing constant in our son's life, his protector, his sister," he wrote on X on Feb. 23. "We will speak for our son Jamison."