Adam Montgomery: New Hampshire father chooses leg shackles over brace for trial in daughter's murder case

NEW HAMPSHIRE: The man from New Hampshire who is charged with killing his 5-year-old daughter by beating her with only his hands has chosen to appear in court this month while wearing leg shackles rather than a leg brace.

Adam Montgomery, 33, is charged with second-degree murder for allegedly "repeatedly striking" Harmony Montgomery "in the head with a closed fist" to cause her death.

Adam Montgomery decided to be tried in shackles before jury selection

In addition, he faces accusations of assault, tampering with witnesses, and fabricating physical evidence. The defendant made the unusual decision to be tried in shackles on Tuesday, before the start of jury selection in his eagerly anticipated trial.

"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?” Judge Amy Messer of Hillsborough Superior Court questioned the defendant in a video omitted from an exchange captured by WMUR.

"That's correct," Adam Montgomery answered. The accused acknowledged that the shackles "may be evident" to jurors, and the judge confirmed that he had discussed the matter with his attorney.

Each time, the defendant gave their confirmation. “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 enquired once more.

Adam Montgomery gave a yes response, renouncing his right to show up in handcuffs. "And have you had ample time to discuss that with your counsel?” Messer clarified things with the murder suspect.

In response, he said, "Ample time."

The judge is taking great care to make sure the defense is certain the defendant wants to appear in court in shackles because shackling during the guilt phase of a trial is prohibited for decades unless it is justified by an essential state interest.

The application of such limitations is prohibited by the Fifth and Fourteenth Amendments.

The US Supreme Court has ruled since 1986 that shackling someone without their consent is prohibited unless necessary for reasons such as courtroom security.

Even in these situations, the presiding judge of the case needs to reach a particular decision for each defendant individually.

Adam Montgomery found guilty of multiple gun-related offenses

Since January 2022, Adam Montgomery has been detained on suspicion of abusing his daughter and meddling in her mother's decision to keep the child, who is still missing, behind bars.

He was later accused of multiple gun-related offenses, put on trial, and found guilty of them.

According to his defense attorney, the defendant sat in court for numerous uncomfortable hours while wearing a leg brace during his firearms trial. She explained that he was giving up his right to be free from shackles because of that prolonged discomfort he experienced.

However, the defense attorney continued, her client had expressed a desire to go from leg shackles to a leg brace at one point.

The court will eventually conduct what is known as a "jury view," which is short for "jury view of the crime scene," which is the legal system's version of a field trip.

As per Law&Crime report, Public Defender Caroline Smith informed the court, "He does want the leg thing for the view."

The Montgomery family was living out of a car at the time of the alleged murder. According to reports, Adam Montgomery became more and more irate with the young child for having accidents in the car.

According to the defendant's estranged wife, Kayla Montgomery, the defendant's anger toward his daughter reached a boiling point on December 7, 2019. An affidavit claims that on that particular day, "Adam struck Harmony in the face/head on three separate occasions because she had a bathroom accident."

“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.”

Adam Montgomery's wife Kayla accused of allegedly hurting Harmony

Adam Montgomery's wife reportedly told investigators that he told her, "I think I really hurt her this time," following the attack. "I think I did something." The body of Harmony Montgomery is still not discovered.

Investigators surmise that she was probably mutilated. Kayla Montgomery was charged with fraud for receiving public benefits after Harmony Montgomery passed away during the investigation into the girl's disappearance.

She was also accused of lying to a grand jury. In those cases, the defendant's wife will testify against him as part of her plea agreement.

Adam Montgomery is trying to restrict the amount of evidence that his divorced wife can testify about, so he has filed multiple pretrial motions. The state has raised objections to the claims of marital privilege.

The court has not yet decided in those cases. Another defense motion filed earlier this year attempted to exclude from the jury any evidence regarding trips made to Home Depot to purchase power tools and lime.

In late January, the judge turned down that request. The accused had denied killing his daughter categorically. In August of last year, Adam Montgomery declared in court, "I did not kill my daughter, Harmony."

“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.”