State asks court to compel convicted child killer Adam Montgomery to appear at his sentencing in May

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The state is asking the court to compel convicted child killer Adam Montgomery to appear at his sentencing on May 9.

Montgomery, 34, who was convicted of second-degree murder last month in the death of his 5-year-old daughter, Harmony, did not attend his murder trial and wasn’t present when jurors returned their verdict.

Earlier this month, state lawmakers introduced a new bill aimed at requiring Montgomery, and other offenders like him, to be in the courtroom for sentencing to face a judge and the victim’s loved ones.

Under current state law, a person charged with a felony does not have to appear at their own trial or at their own sentencing, House Speaker Emeritus Stephen Shurtleff earlier said.

‘Evil’: Kayla Montgomery takes stand in trial of estranged husband accused of killing young daughter

In a Hillsborough Superior Court filing dated March 20, Attorney General John Formella wrote that Montgomery’s appearance in court for his sentencing is mandatory. He cited a state law that took effect in 2016 which requires defendants to personally appear in court when the victim or the victim’s next of kin addresses the judge, unless excused by the court.

Adam Montgomery enters the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery enters the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery enters the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery enters the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery enters the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery enters the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery and his lawyers Caroline Smith and James Brooks watch as potential jurors enter the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery and his lawyers Caroline Smith and James Brooks watch as potential jurors enter the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Assistant New Hampshire Attorney Generals Christopher Knowles (at left) and Benjamin Agati stand as potential jurors enter the courtroom at jury selection for the Adam Montgomery murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery stands with his lawyers Caroline Smith and James Brooks as they await potential jurors to enter the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old-daughter, Harmony. David Lane/UNION LEADER POOL
Adam Montgomery stands with his lawyers Caroline Smith and James Brooks as they await potential jurors to enter the courtroom for jury selection ahead of his murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old-daughter, Harmony. David Lane/UNION LEADER POOL
Superior Court Justice Amy Messer conducts a bench meeting with lawyers at jury selection for the Adam Montgomery murder trial at Hillsborough County Superior Court in Manchester, N.H, on Feb. 6, 2024. He is accused of killing his five-year-old daughter, Harmony. From left are Assistant New Hampshire Attorney Generals Christopher Knowles and Benjamin Agati and Public Defenders Caroline Smith and James Brooks. David Lane/UNION LEADER POOL

“The State provides notice that Harmony Montgomery’s next of kin will personally be appearing in court along with other individuals victimized by the defendant’s crimes,” Formella wrote in the filing.

“The State therefore asks the Court to issue an appropriate transport order, and compel the Defendant’s attendance at the courthouse for sentencing,” Formella wrote.

Harmony Montgomery (left), Adam Montgomery (right) -- Manchester Police Department
Harmony Montgomery (left), Adam Montgomery (right) -- Manchester Police Department

Montgomery was convicted of second-degree murder on Feb. 22 in the death of his young daughter, Harmony, who police believe was killed nearly two years before she was reported missing in 2021.

Her body has never been found.

This is a developing story. Check back for updates as more information becomes available.

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