CONCORD, N.H. — Prosecutors say they plan to retry Adam Montgomery on a second-degree murder charge after a New Hampshire Supreme Court ruling overturned that conviction in the death of his daughter, 5-year-old Harmony Montgomery.
In a statement, the New Hampshire Attorney General’s Office said it was “disappointed” in the decision ordering a new trial but remains confident in the strength of the case and the evidence presented at Montgomery’s 2024 trial.
Despite the reversal, Montgomery’s convictions on several other charges, including assault, falsifying evidence, witness tampering, and abuse of a corpse, remain in place. Officials noted his 43½-year sentence tied to those convictions still stands and is not impacted by the court’s ruling.
Prosecutors said they will continue to pursue justice for Harmony as the case returns to a lower court for further proceedings.
“We are disappointed by the Court’s decision to order a new trial on the second-degree murder charge, and we plan to pursue a re-trial on that charge. Adam Montgomery remains convicted of multiple serious felonies arising from Harmony’s death, as well as separate firearms offenses that were previously upheld on appeal. Montgomery’s total sentence of 43.5 years for these additional charges stands and is not affected by the Court’s decision today,” the AG’s Office statement reads. “We remain confident in the facts of this case, the evidence presented, and the exceptional work of our prosecutors, investigators, and law enforcement partners. We will continue our efforts to seek justice for Harmony Montgomery and all those who knew and loved her.”
This all comes after a new ruling from the Hampshire Supreme Court reshaped the legal case against Montgomery.
In a decision issued on Thursday, the Supreme Court reversed his second-degree murder conviction and sent the case back to a lower court for further proceedings.
According to a new filing, the Supreme Court determined that the jury should not have been allowed to convict Montgomery of second-degree murder under the legal theory presented, based on how the case was argued, and the evidence tied to that charge.
Prosecutors charged Montgomery with second-degree murder, which requires proving a specific level of intent or recklessness tied directly to causing death, but the Supreme Court ruled there was a problem with how that charge was applied — either in the jury instructions, legal standard, or connection between the evidence and the charge.
Because of that legal flaw, the murder conviction could not stand, even though the underlying facts were extremely serious, according to the new filing. The court did not say Montgomery is innocent in Harmony’s death.
Montgomery had been found guilty by a jury on all charges following a trial that revealed disturbing details about Harmony’s abuse in 2019. Prosecutors said the child suffered repeated beatings, including punches to the head, before her death. Evidence showed Montgomery later concealed her body for months and disposed of it, while misleading others about her whereabouts.
Montgomery first appealed the murder conviction to the Supreme Court in October 2025.
Despite overturning the murder conviction, the Supreme Court made clear that multiple serious convictions remain in place, including second-degree assault, falsifying physical evidence, witness tampering, and abuse of a corpse, meaning Montgomery continues to face significant prison time.
Read the full ruling:
This is a developing story. Check back for updates as more information becomes available.
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