Judge declares Harmony Montgomery legally dead
Mar. 12—A judge granted Crystal Sorey's request to declare her daughter Harmony Montgomery deceased after a jury convicted the little girl's father of her murder last month.
Probate Court Judge Beth Kissinger at the 9th Circuit Court in Nashua also appointed Sorey as administrator of the girl's estate. The order came after a hearing on Monday morning where attorney Sheliah Kaufold offered proof of the girl's death, including the conviction of Harmony's father, Adam Montgomery, for beating her to death in December 2019.
"Ms. Sorey has carried her burden to demonstrate that Harmony was killed 'as a result of some catastrophic event,'" Kissinger ruled. "No death certificate has been issued as her body has not been located."
Montgomery refused to be transported to court from the state prison in Concord or appear via video.
The order is pending a certified copy of Montgomery's conviction and $10,000 corporate surety bond. Sorey has 30 days to file the bond or the case could be dismissed.
During the hearing, Sorey said she plans to file a wrongful death lawsuit in New Hampshire, though the amount to be recovered has yet to be determined.
On Feb. 22, a jury of 10 women and two men found Adam Montgomery, 34, guilty of second-degree murder, second-degree assault, abuse of a corpse, falsifying evidence and witness tampering.
Adam Montgomery's estranged wife, Kayla, testified that Adam repeatedly struck her stepdaughter after a bathroom accident in the car they were living in on Dec. 7, 2019. Adam Montgomery went to great lengths to hide his daughter's body.
Sorey lost custody of Harmony in 2018 before Adam Montgomery gained custody in 2019 from a Massachusetts judge despite his lengthy and violent criminal history.
Report to DCYF
The trial brought out new details from an investigation by the Division for Children, Youth and Families into a report that Montgomery gave Harmony a black eye in July 2019. The abuse was reported by Montgomery's uncle, Kevin, who took the stand on the first day of the trial.
A former child protective service worker testified at trial saying he observed her from 30 or 40 feet away.
He later called Adam Montgomery to ask why Harmony wasn't enrolled in kindergarten, but apparently no follow-up occurred. Parents are not required to send their children to kindergarten in New Hampshire, but it was known that Harmony needed intervention best provided in a school environment.
The search for Harmony didn't begin until Dec. 31, 2021, with both Adam and Kayla Montgomery lying to police about Harmony's whereabouts.
Kayla Montgomery was granted parole last week after she pleaded guilty on two charges of perjury in November 2022. She reached a fully negotiated plea agreement with the Attorney General's Office that called for her to serve 1 1/2 years in prison.
On Monday, Sorey said others should also be held accountable for Harmony's death.
"I can't only let those two be held accountable, because it's not fair and it's not true," she said. "The truth needs to be out there and it will eventually happen when I can say all I need to say."
