Adam Montgomery’s lawyers pointed the finger at his estranged wife, Kayla Montgomery, on Thursday during the second day of his trial for the murder of his 5-year-old daughter, Harmony.
“Adam Montgomery did not cause Harmony’s death,” said public defender James Brooks. “Kayla Montgomery was the last person to see Harmony alive and knows how Harmony died. She didn’t come clean with Adam. She didn’t come clean with the police, and she will not come clean with you.”
Kayla Montgomery lied to protect herself after working out a plea deal with prosecutors, Brooks said.
Adam Montgomery, 34, is charged with second-degree assault for allegedly causing bodily injury to his 5-year-old daughter Harmony between July 1 and July 22, 2019, including a black eye, and with second-degree murder in connection with her death in December 2019.
Montgomery chose not to appear for the second day of his trial at Hillsborough County Superior Court in Manchester. He has not faced the jury of 14 women and three men since they were sworn in Wednesday morning.
Judge Amy Messer said he waives his right to attend for the day if he refuses transport from the state prison in Concord.
Brooks said Montgomery can be found guilty of charges of abuse of a corpse and falsifying evidence.
“You can and should find him guilty of those crimes,” Brooks said. “But in committing those crimes and sticking with a story that protected his wife, Adam set himself up for Kayla’s betrayal.”
About 20 people, including Manchester Police Chief Allen Aldenberg, sat in the gallery, many with tears as the gruesome details of the case were presented.
Kayla Montgomery is expected to take the stand Friday morning, according to prosecutor Benjamin Agati. She is serving a year and a half in state prison after pleading guilty to two felony counts of perjury.
Prosecutor Christopher Knowles said Kayla actually put her arm out to stop Adam as he brutally beat Harmony to death on Dec. 7, 2019, while on the way to Burger King on Hooksett Road in Manchester.
“(Harmony) had peed her pants and he murdered her in a series of attacks of brutal strikes that started in the car that morning that she was living out of and ended at the Burger King parking lot,” Knowles said of the day Harmony died.
Prosecutor: Pattern of abuse
Knowles described Harmony as a daughter, sister and Minnie Mouse fan who was fun-loving and full of life.
After the murder, Montgomery carried the body around in bags before he “butchered her body and disposed of her like yesterday’s trash,” Knowles said.
Knowles outlined the abuse of Harmony that continued for 10 days leading up to her death, as she repeatedly had bathroom accidents.
“The defendant’s rage grew and grew and he would hit and strike her,” Knowles said.
Knowles said that as people from across the country worried about Harmony’s whereabouts, Adam Montgomery refused to cooperate with police.
“You’ll hear him on a recorded call during one of those searches telling his friend that investigators were wasting their time,” Knowles said. “Wasting their time looking for this little girl that he brutally murdered.”
He also told a friend “he f---ed up,” Knowles said.
He would beat and intimidate Kayla Montgomery, calling her a “loose end.”
“She stuck to a story the defendant gave her,” Knowles said. “She was scared at what would happen to her at the hand of the man who beat this small child to death and dragged her body around for months. She has gone to prison for those lies.”
Brooks said Adam Montgomery was working to get money for a new place to live after being evicted from 77 Gilford St. The couple and three children were living out of a Chrysler Sebring.
Brooks disputed that Harmony was discovered dead after the car broke down in the busy intersection of Elm and Webster streets.
“Both Adam and Kayla discovered Harmony’s cold and lifeless body much earlier in the dark of night behind Colonial Village when Adam returned from his business,” Brooks said. “Kayla made Adam feel responsible. She claimed she didn’t know what happened.”
Brooks held up a note that Kayla Montgomery wrote about what she was looking for in a plea bargain to “betray” Adam Montgomery. She also wrote of wanting to be intimate with Adam at least for one night.
She lied by telling police she was working at Dunkin’ when Adam drove Harmony to the child’s mother in Massachusetts.
“She wanted immunity from everything,” Brooks said.
Defense: Details missing
Some of Kayla Montgomery’s statements to police are missing key details, Brooks said, like what was done to try to hide Harmony’s body from employees in the drive-thru at Burger King or how they dealt with the other children caught in the chaos of the brutal attack.
He said witnesses likely would have noticed Harmony’s body being placed in a duffel bag after the car broke down at Elm and Webster streets.
Harmony’s blood was not found in the Sebring, Brooks said, “where Harmony bled and Kayla said Adam cleaned it up.”
Harmony Montgomery’s biological mother, Crystal Sorey, testified how Harmony was blind in her right eye and had received multiple difficult diagnoses after being born in June 2014.
Agati showed a picture of Adam Montgomery because he was not present in the courtroom.
Foster mother Michelle Raferty testified that Harmony would call her “mama.” Harmony came in and out of her home in Haverhill, Mass., three times.
“That’s my girl,” Sorey said through tears as a poster was held with Harmony’s picture. “That’s Harmony.”
Knowles asked about potty training.
“Harmony was very easy to potty train,” Raferty said. “She didn’t like to have soiled clothes on and she wanted to be like the bigger kids that were in our house.”
Adam Montgomery’s uncle, Kevin Montgomery, admitted he did not want to testify against his nephew. He broke down in tears as Agati showed a picture of Harmony, on a large poster board, wearing a blue dress and bow and with her hands folded.
He returned to 77 Gilford St. after a trip to Florida to find Harmony with a swollen bruise on one of her eyes.
Adam said, “She didn’t do anything. I bashed her around the f---ing house.” His demeanor was cocky.
He later reported the abuse to the Division for Children, Youth and Families and told multiple people.
He paused for a long time after Agati asked why he called protective services.
“To get help,” Kevin Montgomery said.
“For who?” Agati asked.
“For Harmony,” the great-uncle said.
