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A New Hampshire father proclaimed his innocence in the murder of Harmony Montgomery, his 5-year-old daughter who vanished in 2019 after he was awarded custody and is presumed dead.
Adam Montgomery, 33, spoke before being sentenced Monday on unrelated gun charges.
Harmony was reported missing in November 2021, nearly two years after investigators say her father killed her. The body has not been found, but Harmony’s stepmother has agreed to cooperate with prosecutors.
Dressed in an orange prisoner jumpsuit, Montgomery acknowledged that a jury had found him guilty of possessing weapons despite his previous felony convictions. But he asked the judge not to consider his daughter’s murder case when sentencing him.
“I did not kill my daughter Harmony and I look forward to my upcoming trial to refute those offensive claims,” he said, acknowledging that he was an addict and would use his time in prison to “change things about myself.”
“I could have had a meaningful life but I blew that opportunity through drugs,” he continued. “I loved my daughter unconditionally and I did not kill her.”
Authorities allege that Montgomery killed his daughter by repeatedly striking her in the head with his fist. He’s scheduled for trial in that case in November. He pleaded not guilty last October to second-degree murder, falsifying physical evidence and abuse of a corpse charges.
After hearing from both sides, Hillsborough Superior Court Judge Amy Messer sentenced Montgomery to at least 30 years in prison and up to 60 years on the charges of being an armed career criminal. He was also sentenced to an additional 7 1/2 to 15 years for receiving stolen property and theft. On each of those sentences, five years can be suspended for good behavior.
Messer said the sentence was appropriate given Montgomery’s history of violent behavior, the role that guns played in his crimes, and the “brazen nature of his conduct.”
“These guns were stolen. There was a child in the house,” she said. “The guns were sold to and bought back from a convicted sex offender, and ultimately one of the guns was discovered in the hands of an individual who is apparently trafficking in both guns and drugs.”
Montgomery’s attorney attempted to persuade the judge that her client’s drug history – and the fact that the sale did not involve a violent crime – should result in a lesser sentence.
“We don’t have physical harm to anybody. We don’t have an assault of somebody,” Caroline Smith said. “It was a crime of opportunity. Also, the evidence is that Mr. Montgomery was – he was an addict. He was a drug addict. The purpose surrounding this crime, the evidence is that it was either for drugs or money to get drugs.”
The prosecution’s witnesses included Kayla Montgomery, Adam Montgomery’s estranged wife, who testified he told her he took the guns. Kayla Montgomery is serving an 18-month prison sentence. She had pleaded guilty to charges that she lied to a grand jury about where she was working the day she last saw Harmony.
Lawyers for Adam Montgomery said the prosecution’s case relied on lies from other witnesses and that police reached the wrong conclusion.
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A Massachusetts couple is facing charges after investigators say they illegally voted in a trio of elections in New Hampshire in recent years.
A Merrimack County grand jury returned six indictments this week charging both Joshua Urovitch, 56, and Lisa Urovitch, 54, with three felony counts of wrongful voting, according to New Hampshire Attorney General John M. Formella.
Formella said the indictments allege that the Urovitches voted multiple times in Concord, New Hampshire, despite living in Ashland, Massachusetts.
The Urovitches are accused of illegally voting in general elections in November 2020 and November 2022, as well as a Concord School District Election in November 2022.
An arraignment date for the Urovitches is set for Oct. 7 in Merrimack County Superior Court.
There were no additional details available.
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Crime
Campus police at the University of New Hampshire are investigating two recent sexual assault cases, the department said in a statement.
The first alleged incident, a sexual assault, happened between Sept. 20 at 10:30 p.m. and Sept. 21 at 3 a.m. in the suspect’s dorm building on campus, the statement said. Police said the victim believes the suspect may have drugged their drink. The victim and the suspect were known to each other, police said.
The second reported incident happened Sept. 19, police said. Another victim said the same suspect may have drugged them as well, the report said. Police did not say if the second victim was assaulted.
University Police said Wednesday that they had identified a person of interest in the case, but will not share any further information “to protect the integrity of the investigation” and protect those impacted by the incidents.
“Survivors are never responsible for the offenders’ behavior,” the statement said.
While the investigation is underway, UNH police reminded students to stay safe, trust their instincts, call a safety escort on campus, and utilize campus resources if necessary.
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A New Hampshire mother on Thursday pleaded guilty to murder in the 2021 death of her five-year-old son, Elijah Lewis.
Danielle Dauphinais of Merrimack appeared in Hillsborough County Superior Court on Thursday morning, shackled and wearing an orange jumpsuit. She pleaded guilty to second degree murder and two counts witness tampering in the death of her young son.
“Elijah was assaulted, starved, isolated, and neglected. He was tortured,” a prosecutor said.
The state said Elijah died between Sept. 21, 2021 and Sept. 24, 2021.
The boy was found face down in the fetal position in a shallow hole at Ames Nowell State Park in Abington.
According to prosecutors, had this case gone to trial, Dr. Richard Atkinson, who was at the burial site and conducted Elijah’s autopsy, would have said, “Elijah died as a result of violence and neglect including facial and scalp injuries, acute fentanyl intoxication, malnourishment, and pressure ulcers.”
“I am sick to my stomach and I can’t believe what I heard today. That’s not the person I knew,” MJ Morrison, Elijah’s aunt, said after Thursday’s court hearing.
Dauphinais was indicted by a grand jury on murder charges in connection with her son’s death in April 2022. Dauphinais and her boyfriend, Joseph Stapf, were originally charged with witness tampering and child endangerment. Both remain in prison.
Prosecutors said Thursday that the investigation into Elijah’s whereabouts began after Dauphinais gave birth to a baby boy and Stapf dropped the child off at Catholic Medical Center in Manchester.
The Division of Children, Youth, and Families began questioning Dauphinais about where Elijah was.
Prosecutors said she told them “Elijah was gone” and then said he was living with her sister Tracy in California. Her sister later told the social worker and investigators that Dauphinais asked her to lie and say Elijah was with her in California, but she refused.
According to cell phone records, Dauphinais was confronted again by DCYF workers, at which point she told them she sent Elijah to her brother’s house in Texas.
Her brother, Bruce, told DCYF workers he had custody of Elijah since September, not knowing it was more than a wellness check, but couldn’t provide any information on him like where he went to school. He was told to call them back but never did.
DCYF then went to Merrimack Police to report Elijah as missing.
Text messages between Dauphinais and Stapf revealed she was depriving the child of nourishment, prosecutors said in court.
“I gave him a small bowl of cereal so he would shut the **** up. But that wasn’t enough. He said he wants food and wants me to stop starving him because it’s not nice,” read one message.
“I’m gonna kill this kid joe, ****ing screaming at the top of his lungs ****ing water,” said another from Dauphinais to Stapf.
Prosecutors outlined how and when the couple buried Elijah.
Merrimack Police tracked the couple’s cell phones, finding that the pair traveled through Boston to Abington, 14 hours after investigators started asking questions.
Prosecutors said Stapf buried Elijah’s body and put a white birch tree over his grave. Then, the couple drove to Mohegan Sun, had a bite to eat, went to a country music concert and boarded a bus to New York City.
The two were arrested at a subway station in the Bronx.
Cristee Chasse went to the courthouse on Thursday wearing a shirt that read, ‘Justice for Elijah.’
“Absolutely disgusting, disgusting. And that could have been prevented. A lot of this, according to what happened today and what I heard, happened after the fact, that he went to the doctors and bruising was seen,” said Chasse.
Prosecutors also said that Elijah weighed 32 pounds at his last and only doctor’s visit with his mother, and weighed 19 pounds when his body was found in the state park.
“I’m just hoping she gets the absolute maximum. That’s what Elijah deserves,” added Morrison.
Dauphinais is expected to be sentenced on Oct. 25.
She could face between 58 years to life in prison.
This is a developing story. Check back for updates as more information becomes available.
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