Judge orders Adam Montgomery to appear for sentencing hearing in murder conviction
By Ray Brewer, Imani Fleming
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MANCHESTER, New Hampshire (WMUR) — A judge has ordered Adam Montgomery, who was convicted of murdering his 5-year-old daughter, Harmony, to appear at his sentencing next month.
In an order issued on Friday by Judge Amy Messer, she denied Montgomery’s request to be excused from the sentencing scheduled for May 9, 2024.
The state filed a motion in March asking the court to order Montgomery to appear, citing a 2016 law that mandates the presence of a defendant for victim impact statements.
In a motion filed by his attorney, Montgomery said he maintains his innocence and has asked the court to excuse his appearance at the hearing.
Earlier in April, the state objected to a request by Montgomery that he be allowed to skip the sentencing.
The order issued by the judge Friday said his appearance is required pursuant to a law that requires defendants to be present when the victim or victim’s next of kin addresses the court.
In the order issued on Friday, Judge Messer said in part, “The only factual basis the defendant asserts is his contention that he is innocent as to some of the charges.”
The order also said, “However, the defendant has been found guilty, beyond a reasonable doubt, by a jury as to those charges. He asserts no other factual basis for excusal.”
The order issued on Friday said, “The Office of the Hillsborough County Sheriff shall take all necessary steps to ensure the defendant’s timely appearance at his sentencing hearing scheduled on May 9, 2024 at 1 p.m.”
A jury found Montgomery guilty of second-degree murder and other charges connected to the 2019 killing of his daughter, Harmony, in March. Montgomery did not show up to court throughout the trial.
Montgomery’s decision not to appear in court for his trial prompted state lawmakers to consider a bill that would require someone accused of a class A felony to be present for the verdict and their sentencing.
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