Prosecutors continue to push from Adam Montgomery to appear at sentencing

Apr. 9—Prosecutors say Adam Montgomery has no right to skip his sentencing hearing after being convicted of murdering his 5-year-old daughter, Harmony.

Montgomery asked to waive his appearance at the May 9 sentencing because he maintains his innocence on charges of second-degree murder, tampering with a witness and second-degree assault.

Assistant Attorney General Benjamin Agati requested a hearing on the matter if Judge Amy Messer deems it warranted.

Agati says Montgomery's motion to waive his appearance has no constitutional, statutory or case law to support it. He cited both federal and state law in his seven-page objection.

The state Legislature overruled previous case law that allowed defendants to "freely waive" attendance at sentencing hearings after Seth Mazzaglia, convicted of murdering UNH student Lizzi Marriott, said he did not want to attend "saying (he) didn't want to listen to the family whine."

Michigan passed similar legislation in 2018 which cited a Wayne State University professor who said it's crucial for victims and their families to be able to tell the defendant "what the crime or what the impact of the crime has had on the family and the victim is a kind of vindication, and also a form of healing."

Defendants also benefit by hearing the full effects of their actions, according to the court document.

The law does allow a judge to excuse a defendant from sentencing.

Montgomery maintaining his innocence is "not a compelling reason to excuse his presence, and in itself, is further evidence he still does not take responsibility for all of his actions found proven beyond a reasonable doubt," Agati wrote.

On Feb. 22, a jury of 10 women and two men found Montgomery, 34, guilty of all five charges he faced. He only appeared for the first day of jury selection.

His estranged wife, Kayla, testified that he repeatedly struck the little girl after a bathroom accident in the car they were living in on Dec. 7, 2019. Prosecutors presented evidence of the great lengths Montgomery went to hide his daughter's body.

On the first day of the trial, Montgomery admitted to charges of abuse of a corpse and falsifying evidence.

"The defendant's request provides an even more compelling argument for securing his presence at sentencing as he does not dispute that following the murder of Harmony Montgomery, he falsified physical evidence by altering, destroying, concealing, or removing Harmony's body and that he abused Harmony's corpse," Agati wrote.

Public Defender Caroline Smith asked Messer to excuse Montgomery because he maintains his innocence.

Family members of Harmony Montgomery and others personally impacted by the murder will be attending the sentencing.

Montgomery's attendance "clearly will foster both the appearance and actuality of dispensing fair justice," Agati wrote.