Main image: Adam Montgomery appears in Hillsborough County Superior Court with his defense attorney — waiving his right not to be shackled during the murder trial over his daughter’s death; Inset: Harmony Montgomery. (Screengrab via WMUR; Manchester Police Department)
The New Hampshire man accused of beating his 5-year-old daughter to death with his bare hands has decided he will go on trial this month wearing leg shackles instead of a leg brace.
Adam Montgomery, 33, stands accused of murder in the second degree for allegedly killing Harmony Montgomery by “repeatedly striking” her “in the head with a closed fist.” He is also charged with assault, witness tampering, and falsifying physical evidence.
On Tuesday, before jury selection began in his long-awaited trial, the defendant made the atypical choice to be tried in shackles.
“I was advised this morning that you preferred not to wear the leg brace and you wanted to be in the leg shackles, is that accurate?” Hillsborough Superior Court Judge Amy Messer asked the defendant, in footage of the exchange filmed by Manchester-based ABC affiliate WMUR.
“That’s correct,” Adam Montgomery replied.
The judge verified that the accused had discussed the issue with his attorney and that he was aware the shackles “may be evident” to jurors. The defendant confirmed on each occasion.
“You have the right not to wear the shackles, to wear the leg brace, so that the jury would not be informed that you were incarcerated, do you understand that?” the judge asked again.
Adam Montgomery replied in the affirmative — waiving his right not to appear in shackles.
“And have you had ample time to discuss that with your counsel?” Messer clarified with the accused killer.
To which he replied: “Ample time.”
The judge’s painstaking efforts to ensure the defense is absolutely sure the defendant wants to appear in court in shackles is due to the decades-old prohibition against shackling during the guilt phase of a trial unless it is justified by an essential state interest. The use of such restraints is prohibited by the Fifth and 14th Amendments.
Since 1986, the U.S. Supreme Court has held that unwanted shackling is forbidden unless something like courtroom security demands it. Even in such cases, the judge overseeing the case must make a specific determination on a defendant-by-defendant basis.
Adam Montgomery has been incarcerated since January 2022 for allegedly assaulting his daughter and interfering with her mother’s custody of the still-missing child. He has since been charged, tried, and convicted of several gun-related crimes.
During his firearms trial, the defendant spent many uncomfortable hours sitting in court wearing a leg brace, according to his defense attorney. That experience with prolonged discomfort, she said, is the reason he is waiving his right not to be shackled.
But, the defense counsel added, at one point, her client would like to switch from leg shackles to a leg brace.
At some point, the court will go on the legal system’s equivalent of a field trip to perform what is referred to as a “jury view,” which is shorthand for “jury view of the crime scene.”
“He does want the leg thing for the view,” public defender Caroline Smith told the court.
At the time of the alleged murder, the Montgomery family was living out of a car. Adam Montgomery allegedly grew increasingly angry at the young girl over having bathroom accidents in the vehicle.
The defendant’s rage toward his daughter culminated on Dec. 7, 2019, his estranged wife, Kayla Montgomery, told investigators. On that day, “Adam struck Harmony in the face/head on three separate occasions because she had a bathroom accident,” an affidavit says.
“This happened while Adam was driving the vehicle; Kayla described that Harmony was in the rear seat on the passenger side, and while Adam was driving he turned his body and delivered sets of three-to-four blows with a closed fist to Harmony’s face/head on three separate occasions over the course of a few minutes,” the affidavit says. “Kayla stated that after the final blow, Adam said words to the effect of that he felt something or heard something when he hit Harmony.”
“I think I really hurt her this time,” Adam Montgomery allegedly said after the attack, his wife told investigators. “I think I did something.”
Harmony Montgomery’s body has yet to be recovered. Investigators believe she was likely dismembered.
Amid the investigation into the girl’s disappearance, Kayla Montgomery was charged with fraud for continuing to collect public benefits even after Harmony Montgomery was no longer alive — she was also later charged with lying to a grand jury. As part of her plea deal in those cases, the defendant’s wife will testify against him.
Adam Montgomery has filed several pretrial motions to limit the extent of evidence that his estranged wife can testify about. The state has objected to the marital privilege claims. The court has yet to rule on those matters.
Earlier this year, another defense motion sought to keep evidence about trips to buy lime and power tools from Home Depot away from the jury. The judge denied that request in late January.
The defendant had adamantly denied killing his daughter.
“I did not kill my daughter, Harmony,” Adam Montgomery said in court last August. “I could have had a meaningful life, but I blew that opportunity through drugs. But I loved my daughter unconditionally and I did not kill her.”
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