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Harmony Montgomery's father in court asking to suppress statements made to police

WCVB Boston 9/28/2022
Adam Montgomery © WMUR Adam Montgomery

Lawyers for the father of Harmony Montgomery are asking a court to suppress statements he made to officers soon after police learned of the girl's disappearance.

Adam Montgomery was arrested in January and charged with second-degree assault, interference with custody and endangering the welfare of a child. He is not charged in connection with Harmony's death.

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In court on Wednesday, Adam Montgomery's attorneys are arguing that statements their client made to police on Dec. 31, 2021, and Jan. 4 of this year should be suppressed because law enforcement officers allegedly failed to honor his assertion of his right to silence.

The defense also claims officers didn't read him his Miranda rights.

In the video player above, watch the motion-to-suppress hearing streaming live when the court returns from a lunch break at about 1:30 p.m.

The first witness to testify Wednesday was Manchester police Detective John Dunleavy, the lead investigator in the Harmony Montgomery case.

He described his first encounter with Adam Montgomery and when he asked about Harmony's whereabouts. A recording was played in court of that encounter on Dec. 31, 2021.

"You're not in any trouble right now that I know of, OK?" Dunleavy said on the recording. "We have no warrants, OK? So, where's your daughter so we can check on her?"

"Right now, I've got nothing to say to you guys," Adam Montgomery said on the recording.

Dunleavy said he continued to talk to Adam Montgomery, who eventually said that Harmony was with her mother. Dunleavy said he contacted the girl's mother, who was upset when she learned that Harmony was not with her father.

On Jan. 4, he was arrested and taken to an interrogation room where he was read his Miranda rights, according to court documents. A few minutes into questioning, he told police he had nothing else to say, the documents said.

The defense filings said police continued to press Adam Montgomery after he asserted his right to silence.

Investigators now believe Harmony was killed in early December 2019 when she was 5 years old. Her disappearance was first reported more than two years later. Anyone with information is urged to call or text a 24-hour tip-line at 603-203-6060.

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