MANCHESTER, N.H. (Court TV) — Despite his attempts to skip his sentencing, just as he avoided appearing for the entirety of his murder trial, a judge has ruled that Adam Montgomery must appear in person to learn his fate.
Montgomery was convicted in February of beating his 5-year-old daughter, Harmony, to death. After her death, he admitted to putting her body into a duffel bag and a cooler and hiding it in both a walk-in refrigerator and a ceiling vent.
Though he appeared in court at a weapons trial months before the murder trial, where he was similarly convicted on all charges, he refused to come to hear testimony about Harmony’s murder.
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Adam was hoping to avoid returning to court for his sentencing and filed a motion asking Judge Amy Messer to exercise her discretion in excusing him from appearing. Prosecutors filed their own motion, urging the judge to compel his presence in the courtroom.
In an order signed on Friday, Judge Messer referenced state law that says a defendant, once convicted, must be present for victim impact statements as they’re read in court. The filing indicates that members of Harmony’s family and others are expected to testify.
The judge denied Adam’s request saying, “Were the court to accept the defendant’s request, it would be tantamount to excusing the defendant’s appearance simply because he did not wish to attend.” The judge authorized the Hillsborough County Sheriff to “take all necessary steps to ensure the defendant’s timely appearance” at the hearing on May 9.
Adam is already serving a sentence of at least 30 years after his earlier conviction at his weapons trial.