A New Hampshire judge has officially declared 5-year-old Harmony Montgomery legally dead after being missing for over four years. This decision comes as a result of the biological mother’s request and paves the way for potential wrongful death claims.
Harmony’s mother, Crystal Sorey, appeared in court on Monday to argue that, despite the fact that her daughter’s remains were never located, no one had seen her since 2019.
Harmony’s body has not been recovered, so no death certificate will be issued, according to Tuesday’s order. The ruling states that Harmony is “presumed dead” and that her death declaration is contingent on an authenticated jury finding in her father’s murder trial.
Adam Montgomery was convicted last month in Boston of Harmony’s murder after admitting to torturing her corpse. He was found guilty of second-degree murder, criminal assault, misuse of a corpse, manipulating physical evidence, and witness tampering. Harmony’s murder is believed to have occurred in December 2019.
Sorey, who lost custody of Harmony in 2018 due to a substance misuse issue, was also named administrator of Harmony’s estate on Tuesday, as she considers suing the states of New Hampshire and Massachusetts for wrongful death.
“I’m Harmony’s voice, and I’m her warrior basically, so everything I do is for her,” Sorey told the court, blaming the two states’ child welfare systems. “I cannot let people forget. I can’t just hold those two people liable; it’s neither fair nor true.”
Montgomery’s estranged wife, Kayla Montgomery, testified that she was present when Harmony was slain and that she assisted her husband in hiding the child’s body. According to officials, Kayla Montgomery continued to claim Harmony as a dependent and unlawfully obtained $1,500 in food stamp benefits between 2019 and 2021.
