Spurred to act by a recent murder case, the New Hampshire House voted Thursday to require those charged with serious crimes to be present when they learn their fate.
Under the federal rules of criminal procedure, defendants are allowed to be absent from the courtroom in non-capital cases if they so choose after a trial has begun. Adam Montgomery took that option last month when he was convicted of killing his 5-year-old daughter, Harmony. While prosecutors are seeking an order requiring him to appear for sentencing, nothing in current law compels it.
That would change for future cases under a bill the House sent to the Senate. As originally drafted, the bill would have required defendants charged with crimes punishable by incarceration of at least 15 years to appear in court for their entire trials as well as sentencing hearings. But opponents argued that only those who have been convicted should be required to appear.
“This could be used to weaponize the court process for someone who’s been accused of a crime but not found guilty,” said Rep. J.R. Hoell, a Republican from Dunbarton.
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The amended version of the bill would require defendants to be present for the reading of verdicts and at sentencing hearings.
“If the jury spends the time to hear this case, the defendant should take the time to go in to respect that jury and hear their verdict. And he darn sure should show up for his sentencing,” said Rep. Terry Roy, a Republican from Deerfield.
Roy cosponsored the legislation with Rep. Steve Shurtleff, a Democrat from Penacook, who spoke about the Montgomery case at a public hearing earlier this month. Montgomery, who was convicted of second- degree murder, abuse of a corpse and other charges, was accused of killing Harmony in 2019 and then hiding and moving her body for months. Her remains have not been found.
Prosecutors have asked a judge to require Montgomery to appear at his sentencing hearing in May to face the girl’s family and loved ones, Shurtleff said.
“And when I hear that phrase, Harmony Montgomery’s loved ones, I feel that includes all of us, too, the citizens of New Hampshire,” he said.
