The New Hampshire Supreme Court has undone the state’s most serious conviction against Adam Montgomery, ordering that the second-degree murder charge in the death of his 5-year-old daughter, Harmony, be retried separately from other related offenses. Montgomery is expected to return to New Hampshire for an upcoming hearing and to remain in the state for the retrial, according to court documents.
High court finds consolidation undermined fair trial rights
In a decision issued in June, the state’s highest court concluded that prosecutors improperly combined the second-degree murder charge with a lesser assault count, jeopardizing Montgomery’s right to a fair trial. The ruling reversed the murder conviction while leaving other convictions intact.
Those convictions, finalized in 2024, include charges for abuse of a corpse, falsifying evidence, witness tampering and assault. Montgomery had been sentenced in that case to a minimum of 56 years in prison. He is also serving an additional 43-year sentence on separate gun-related charges and other felonies, according to the court filing from the Attorney General’s office.
Logistics: return to New Hampshire and court dates
Court paperwork filed by the Attorney General’s office states Montgomery will be returned from a Virginia correctional facility to a New Hampshire facility on Aug. 18. A hearing related to the retrial is scheduled for Sept. 14. Officials say he is expected to remain in New Hampshire for the duration of the retrial process.
| Date | Event |
|---|---|
| June (2026) | NH Supreme Court reverses second-degree murder conviction |
| Aug. 18 (2026) | Montgomery to be returned to New Hampshire facility |
| Sept. 14 (2026) | Pretrial hearing scheduled |
Case background and unresolved questions
Montgomery was convicted in 2024 in connection with the death of his daughter, Harmony, who was 5 years old at the time prosecutors say he killed her. Prosecutors have asserted that Montgomery moved Harmony’s body for months prior to disposing of it; the child’s remains have never been recovered. The reversal by the Supreme Court affects only the second-degree murder conviction; the appellate panel allowed other convictions to stand.
The high court’s ruling centered on procedural fairness: it found that combining certain charges into a single trial risked confusing jurors and prejudicing Montgomery’s defense. Under the decision, the murder charge must be prosecuted separately, which opens the door to a new trial on the most serious allegation.
What to expect next
The scheduling of a return to New Hampshire and a pretrial hearing signals the start of renewed litigation on the murder charge. Practical next steps typically include motions from both sides on evidence and procedure, possible rulings about what jurors may hear, and decisions about whether the state will seek another jury trial or pursue a plea offer.
- Defendant status: Currently serving sentences in Virginia, to be returned to New Hampshire for proceedings.
- Charges affected: Second-degree murder reversed for retrial; other convictions remain in force.
- Key dates: Return to NH facility on Aug. 18; hearing Sept. 14.
The Attorney General’s filing is the most recent public court paperwork detailing logistics for Montgomery’s return. Prosecutors and defense counsel will appear in the coming weeks to argue procedural matters and prepare for the retrial of the murder count.
Because the case involves a convicted homicide where the victim’s body has not been located and multiple overlapping charges, the retrial process is likely to draw continued public attention. Officials have not released additional statements beyond the court filing. This remains a developing story; more information will be released as hearings proceed and court documents become available.
