Adam Montgomery’s conviction for the homicide of his 5-year-old daughter Concord has been thrown out by the New Hampshire Supreme Courtroom, which dominated he was denied a good trial after jurors have been allowed to listen to proof of an earlier assault which will have improperly influenced their verdict, RadarOnline.com can reveal.
New court docket paperwork obtained by us solely state the state’s highest court docket reversed Montgomery’s second-degree homicide conviction whereas affirming his convictions for second-degree assault, falsifying bodily proof, witness tampering and abuse of a corpse. The case has now been remanded for additional proceedings.
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Reversed Second-Diploma Homicide Conviction
Prosecutors introduced a a lot stronger case on the July 2019 assault, with a number of witnesses testifying.
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The ruling concluded that the trial court docket ought to have severed the homicide cost from a separate assault cost stemming from an incident months earlier than Concord’s loss of life, discovering that attempting the allegations collectively created an unacceptable danger of prejudice.
In keeping with the paperwork, prosecutors introduced a a lot stronger case on the July 2019 assault, with a number of witnesses testifying they noticed Concord with a black eye and heard Montgomery admit to putting the kid after accusing her of harming her youthful sibling.
By comparability, the court docket discovered the homicide case relied closely on testimony from Montgomery’s estranged spouse, Kayla Montgomery, whose credibility had been challenged by the protection and whose account of Concord’s deadly accidents lacked direct corroboration.
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Testimony From Montgomery’s Estranged Spouse
‘The proof of the December 7, 2019 deadly assault is considerably weaker,’ the courts wrote.
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“The proof of the December 7, 2019, deadly assault is considerably weaker,” the ruling famous, concluding there was a big danger jurors relied on proof of the sooner assault to deduce Montgomery will need to have additionally carried out the killing.
The ruling states that attempting each expenses collectively jeopardized Montgomery’s proper to a good trial as a result of jurors might have improperly concluded that, since he struck Concord as soon as earlier than, he was doubtless chargeable for the deadly assault months later.
Whereas overturning the homicide conviction, the Supreme Courtroom left untouched Montgomery’s convictions for second-degree assault, falsifying bodily proof, witness tampering and abuse of a corpse.
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The Courtroom Rejected Montgomery’s Problem
The justices dominated that proof alleging he prevented Concord’s mom from contacting the kid shouldn’t have been handled as intrinsic proof tied to the homicide cost.
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The ruling additionally rejected Montgomery’s problem to the admission of video footage displaying his 2021 encounter with police, discovering the recording carried little danger of unfair prejudice.
Nonetheless, the justices dominated that proof alleging he prevented Concord’s mom from contacting the kid shouldn’t have been handled as intrinsic proof tied to the homicide cost, although prosecutors might search to confess it beneath completely different authorized grounds if the case is retried.
The ruling marks a big procedural victory for Montgomery however doesn’t exonerate him within the loss of life of Concord, whose disappearance sparked a nationwide search earlier than investigators concluded she had been killed years earlier.
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Montgomery Was Convicted in 2024
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The beautiful ruling dramatically reshapes the authorized panorama for Montgomery, who had been dealing with forty-five years behind bars.
As a substitute, the Supreme Courtroom’s determination focuses squarely on whether or not Montgomery obtained a good trial on the homicide rely, discovering that the jury shouldn’t have been requested to contemplate proof from the sooner assault alongside the murder allegations.
The beautiful ruling dramatically reshapes the authorized panorama for Montgomery, who had been dealing with forty-five years behind bars after being sentenced in reference to Concord’s loss of life.
Along with his homicide conviction now wiped away, the case heads again to the decrease court docket.