All Five Justices Agreed — Adam Montgomery’s Murder Conviction Had to Go
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It wasn’t a split decision. All five justices on the New Hampshire Supreme Court agreed: Adam Montgomery’s second-degree murder conviction in the Harmony Montgomery case could not stand. The ruling, authored by Associate Justice Bryan Gould, found that trying the murder and assault charges together prejudiced the jury against Montgomery — the airtight assault evidence propped up a murder case that depended almost entirely on one compromised witness.
That witness is Kayla Montgomery. Adam’s estranged wife. She went to prison for lying to the grand jury investigating Harmony’s disappearance before cutting a cooperation deal. The defense argued Kayla killed Harmony and Adam covered it up. The Supreme Court said that theory never got a fair fight because the strong assault evidence bled into the weaker murder case.
Criminal defense attorney Bob Motta (Defense Diaries) joins Tony Brueski to break down the legal reasoning behind the unanimous reversal and what it tells us about how clear-cut the procedural error was. Also examined: the defense’s remarkable pivot from requesting the joint trial to appealing it, whether the trial judge should have caught the problem, and the gap between what the public thinks “overturned” means and what actually happened. Montgomery remains behind bars on other convictions. The state plans to retry. Tony Brueski and Bob Motta.
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Disclaimer:
This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.
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