The New Hampshire Supreme Court reversed the second-degree murder conviction for Adam Montgomery on Thursday morning. Montgomery was found guilty in 2024 of second-degree murder in the death of his 5-year-old daughter Harmony Montgomery in 2019. He was sentenced to 56 years to life in prison.In Thursday’s ruling, justices reversed his second-degree murder conviction and affirmed his convictions for second-degree assault,falsifying physical evidence, witness tampering and abuse of a corpse. >> View a timeline of the Harmony Montgomery caseThe state’s highest court heard the appeal in October. During that hearing, a lawyer for Adam Montgomery argued that he should have been tried separately on the assault and murder charges, that the court should not have allowed testimony from Kayla Montgomery and that police body camera video should not have been shown at the trial. Regarding the joining of the assault charge and murder charge in the same trial, the state had argued that “any error with respect to joinder was also harmless as to the second degree murder charge because the ‘state’s case and the evidence of the defendant’s guilt (were) overwhelming.'” Justices disagreed with this assertion. “We conclude that the misjoinder of offenses was not harmless as to the homicide charge. Accordingly, we reverse the defendant’s conviction of second-degree murder,” justices wrote.Speaking exclusively to News 9, Attorney General John Formella said his office will retry the case.”This is a case and a story that has been really difficult for the city of Manchester, for the entire state, and our hearts just go out to Harmony Montgomery’s family, her loved ones, all those who knew and loved her and everybody who’s been affected by this case,” Formella said. “We respect this decision, but we’re very disappointed by it.”In a written statement, the Attorney General’s Office noted that Montgomery will still serve combined sentences of 43.5 years on other charges.Harmony’s mother, Crystal Sorey, called the ruling “shocking and heartbreaking.””This ruling is especially hard because it comes just days after what would have been Harmony’s 12th birthday,” Sorey said in a written statement. “After believing that justice had been achieved, this means we will have to continue with this chapter for many years.”Former Manchester Police Chief Allen Aldenberg, who led the department during the investigation of Harmony’s disappearance and killing, told News 9 in his first interview since the Supreme Court’s decision was released that he respects the decision and hopes that the Attorney General’s Office retries the case.”I’m hopeful and I’m confident that they’re going to retry him for the murder of a little girl that would have been 12 this month,” Aldenberg said. “Everybody needs to take a deep breath, digest this, and I would hope that the attorney general is going to retry him for the murder of this little girl.”Current Manchester Police Chief Peter Marr released a statement saying he was disappointed, but calling the ruling “the process at work.””We have full faith and confidence in the New Hampshire Attorney General’s Office,” he said. “Nothing about today’s ruling changes the tragic loss of a young child whose life mattered deeply, or how much this community cared about Harmony. Her memory continues to resonate throughout Manchester, and our focus remains on seeking justice for her.”Jesse O’Neill, a former New Hampshire assistant attorney general, said it’s the role of the state Supreme Court to make sure the law is fairly applied.”It was a tough decision to read, but it’s the job of our courts, specifically our Supreme Court, to make sure things are done right, and fairness is maintained,” said Jesse O’Neill, former assistant attorney general. “So, while I would have liked to see the murder conviction stand, the Supreme Court determined that things should have been done differently, and that’s their role to make that decision.”He said the justices determined that the jurors’ decision on the murder charge could have been influenced by their consideration of the other charges.>> Documentary: ‘Lost Innocence: The Tragedy of Harmony Montgomery’“What the court said is that the trial should have been handled differently, and specifically the court said the strength of the assault charge, where there were multiple witnesses, who each corroborated each other, the jurors could have improperly relied on the strength of that charge to bolster the way that they looked at Adam with respect to the murder charge, where the only real evidence that he was the one who killed Harmony was the testimony of Kayla Montgomery,” O’Neill said. Attorney Pamela Phelan, who argued the case before the Supreme Court on Montgomery’s behalf, praised the decision.”The court’s decision addresses important aspects of a fair trial,” Phelan said in a statement provided to News 9. “Justice is only served when we provide a person accused of a crime a fair and just trial. A trial that is not conducted with those principles in mind does not do justice to persons accused of a crime or people who are victims of crimes.”>> Read the full decision below:

MANCHESTER, N.H. —

The New Hampshire Supreme Court reversed the second-degree murder conviction for Adam Montgomery on Thursday morning.

Montgomery was found guilty in 2024 of second-degree murder in the death of his 5-year-old daughter Harmony Montgomery in 2019. He was sentenced to 56 years to life in prison.

In Thursday’s ruling, justices reversed his second-degree murder conviction and affirmed his convictions for second-degree assault,falsifying physical evidence, witness tampering and abuse of a corpse.

>> View a timeline of the Harmony Montgomery case

The state’s highest court heard the appeal in October. During that hearing, a lawyer for Adam Montgomery argued that he should have been tried separately on the assault and murder charges, that the court should not have allowed testimony from Kayla Montgomery and that police body camera video should not have been shown at the trial.

Regarding the joining of the assault charge and murder charge in the same trial, the state had argued that “any error with respect to joinder was also harmless as to the second degree murder charge because the ‘state’s case and the evidence of the defendant’s guilt (were) overwhelming.'” Justices disagreed with this assertion.

“We conclude that the misjoinder of offenses was not harmless as to the homicide charge. Accordingly, we reverse the defendant’s conviction of second-degree murder,” justices wrote.

Speaking exclusively to News 9, Attorney General John Formella said his office will retry the case.

“This is a case and a story that has been really difficult for the city of Manchester, for the entire state, and our hearts just go out to Harmony Montgomery’s family, her loved ones, all those who knew and loved her and everybody who’s been affected by this case,” Formella said. “We respect this decision, but we’re very disappointed by it.”

In a written statement, the Attorney General’s Office noted that Montgomery will still serve combined sentences of 43.5 years on other charges.

Harmony’s mother, Crystal Sorey, called the ruling “shocking and heartbreaking.”

“This ruling is especially hard because it comes just days after what would have been Harmony’s 12th birthday,” Sorey said in a written statement. “After believing that justice had been achieved, this means we will have to continue with this chapter for many years.”

Former Manchester Police Chief Allen Aldenberg, who led the department during the investigation of Harmony’s disappearance and killing, told News 9 in his first interview since the Supreme Court’s decision was released that he respects the decision and hopes that the Attorney General’s Office retries the case.

“I’m hopeful and I’m confident that they’re going to retry him for the murder of a little girl that would have been 12 this month,” Aldenberg said. “Everybody needs to take a deep breath, digest this, and I would hope that the attorney general is going to retry him for the murder of this little girl.”

Current Manchester Police Chief Peter Marr released a statement saying he was disappointed, but calling the ruling “the process at work.”

“We have full faith and confidence in the New Hampshire Attorney General’s Office,” he said. “Nothing about today’s ruling changes the tragic loss of a young child whose life mattered deeply, or how much this community cared about Harmony. Her memory continues to resonate throughout Manchester, and our focus remains on seeking justice for her.”

Jesse O’Neill, a former New Hampshire assistant attorney general, said it’s the role of the state Supreme Court to make sure the law is fairly applied.

“It was a tough decision to read, but it’s the job of our courts, specifically our Supreme Court, to make sure things are done right, and fairness is maintained,” said Jesse O’Neill, former assistant attorney general. “So, while I would have liked to see the murder conviction stand, the Supreme Court determined that things should have been done differently, and that’s their role to make that decision.”

He said the justices determined that the jurors’ decision on the murder charge could have been influenced by their consideration of the other charges.

>> Documentary: ‘Lost Innocence: The Tragedy of Harmony Montgomery’

“What the court said is that the trial should have been handled differently, and specifically the court said the strength of the assault charge, where there were multiple witnesses, who each corroborated each other, the jurors could have improperly relied on the strength of that charge to bolster the way that they looked at Adam with respect to the murder charge, where the only real evidence that he was the one who killed Harmony was the testimony of Kayla Montgomery,” O’Neill said.

Attorney Pamela Phelan, who argued the case before the Supreme Court on Montgomery’s behalf, praised the decision.

“The court’s decision addresses important aspects of a fair trial,” Phelan said in a statement provided to News 9. “Justice is only served when we provide a person accused of a crime a fair and just trial. A trial that is not conducted with those principles in mind does not do justice to persons accused of a crime or people who are victims of crimes.”

>> Read the full decision below: