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.
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.
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Jury selection begins in Adam Montgomery jury trial 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 (DAVID LANE/UNION LEADER)
Jury selection begins in Adam Montgomery jury trial 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 (DAVID LANE/UNION LEADER)
Jury selection begins in Adam Montgomery jury trial 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 (DAVID LANE/UNION LEADER)
Jury selection begins in Adam Montgomery jury trial 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 (DAVID LANE/UNION LEADER)
Jury selection begins in Adam Montgomery jury trial 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 (DAVID LANE/UNION LEADER)
Jury selection begins in Adam Montgomery jury trial 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 (DAVID LANE/UNION LEADER)
Jury selection begins in Adam Montgomery jury trial 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 (DAVID LANE/UNION LEADER)
“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) 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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