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Adam Montgomery speaks in court during his sentencing for gun crimes on Aug. 7, 2023 (Screengrab via WMUR). Inset: Harmony Montgomery (via Manchester Police Department).
Lawmakers in the Granite State want to make sure people convicted of the most serious felonies attend their sentencing hearings.
The new law, proposed earlier this month, could mean a stark change in plans for one of New Hampshire’s most infamous murderers.
In late February, Adam Montgomery, 34, was convicted on one charge of murder in the second degree for killing his daughter, Harmony Montgomery, 5. He was also found guilty of numerous related crimes including one count each of assault in the second degree, witness tampering, abuse of a corpse, and falsifying physical evidence.
Throughout the proceedings that would seal his fate, however, Montgomery did not appear once while jurors were present. And there are no guarantees that he will have to attend his sentencing hearing.
The state previously said it will move to compel Montgomery’s presence at his May 9 sentencing hearing. But such a motion would ultimately leave the decision up to the judge overseeing the case.
In HB1713-FN, New Hampshire state legislators aim to take the choice of attendance away from both the defendant and the court.
“In any case where a defendant is charged with or awaiting sentence for an offense punishable by life imprisonment or imprisonment of a maximum term of 15 years or more, the defendant shall be required to be present at every trial stage, including jury selection and impanelment and the return of the verdict, and at sentencing, unless excused by the court,” the proposed text of the bill reads.
The legislation has a tail wind that could result in swift passage.
On March 8, the bill was introduced by House Speaker Emeritus Stephen Shurtleff, a Democrat.
On March 11, the full state house voted by over two-thirds to approve the bill for the late drafting process — meaning it could be introduced, passed, and signed by the governor past the typical deadline.
And the impetus behind the bill is clear: Montgomery’s crimes and his decision not to answer for them before the judge and jury — aside from one small, puzzling appearance just before jury selection in his murder case when he chose to wear shackles in court. That choice of restraint, of course, never really meant much.
New Hampshire Gov. Chris Sununu, a Republican and heir to a beloved political dynasty dating back to the early 1970s in the small northeastern state, is all for the change in criminal law.
“I think it’s appropriate,” Sununu said in a recent interview with Manchester-based ABC affiliate WMUR. “A lot of us were surprised you didn’t have to, I think. You know I didn’t know that — until that happened — that individuals were allowed to skip that process. But, no, we have to make sure they’re facing the music.”
If passed, courts would be able to use law enforcement “to use reasonable force” in order to enforce compliance on recalcitrant defendants. A violation of the law, which only applies to Class A felonies, would result in another Class A felony charge.
“I don’t believe that it should put off until next year,” the bill’s author told Boston-based Fox affiliate WFXT.
Montgomery has been incarcerated since January 2022 for assaulting his daughter and interfering with her mother’s custody of the still-missing child whose body has never been found. He has since been charged, tried, and was convicted of several gun-related crimes in August 2023 — a trial and sentencing he did show up for.
Harmony Montgomery was declared legally dead last week.
