SJC considers releasing sealed Harmony Montgomery custody files

In the Harmony Montgomery case, it’s one of the biggest unanswered questions: why did a Massachusetts judge grant custody of the five year old child to her father, Adam Montgomery, a convicted violent felon?

Months after Adam gained custody of Harmony, she disappeared.

In 2024, Adam Montgomery was convicted of killing and dismembering his daughter.

She has never been found.

New England’s Unsolved: The search for Harmony Montgomery

At the SJC, an attorney for a documentary filmmaker argued for releasing the sealed files of a February 2019 Family Court hearing that resulted in Adam gaining custody of Harmony.

“Nobody knows. Not the legislature, not anybody outside the parties themselves and the OCA (Office of the Child Advocate), knows exactly what happened during that hearing that resulted in the court granting custody,” attorney Jennifer Lamanna argued on behalf of LC Media.

Some justices appeared to agree with the filmmaker.

“This is one of those extreme cases where maybe the veil of privacy should be pierced,” Justice Delila Argaez Wendlandt said.

By state law, family court hearings are kept sealed for privacy reasons.

But at this hearing, justices challenged whether in this case continuing that official silence does more harm.

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Missing Girl New Hampshire Crystal Sorey, Harmony Montgomery's biological mother, cries as she listens to the prosecution's closing argument in Adam Montgomery's trial, Wednesday, Feb. 21, 2024, in Manchester, N.H. Montgomery is accused of killing his 5-year-old daughter Harmony. At right is Michelle Raftery, Harmony Montgomerys foster parent. (Jim Davis/The Boston Globe via AP, Pool) (Jim Davis/AP)

Missing Girl New Hampshire Senior Assistant New Hampshire Attorney General Benjamin Agati shows the jury a bag that the prosecution claims was used by Adam Montgomery to store his dead daughter's body during closing argument in Montgomery's trial, Wednesday, Feb. 21, 2024, in Manchester, N.H. Montgomery is accused of killing his 5-year-old daughter Harmony. (Jim Davis/The Boston Globe via AP, Pool) (Jim Davis/AP)

Agati 02-21-24: Manchester, NH: The trial of Adam Montgomery (not pictured) who is charged with murdering his five year old daughter Harmony continued today inside Courtroom 1 at the Hillsborough County Superior Court. Pictured is Senior Assistant New Hampshire Attorney General Benjamin Agati (right) as during closing arguments he shows the jury a photograph of the defendant, who he told them murdered his daughter, whose photo is on the screen at left. (Jim Davis for the Boston Globe). (Jim Davis for The Boston Globe/Jim Davis for the Boston Globe)

Missing Girl New Hampshire Judge Amy Messer, seated at right, listens to defense and prosecution attorneys as witness Rebecca Maines, left, waits on the witness stand during the trial of the Adam Montgomery at Hillsborough County Superior Court, Tuesday, Feb. 20, 2024, in Manchester, N.H. Montgomery is facing second-degree murder and other charges in the death of his daughter, Harmony. (AP Photo/Charles Krupa, Pool) (Charles Krupa/AP)

“The father has been convicted of killing the child. The child is deceased, the obvious interest is making sure this child hasn’t died in vain, we’re not going to do this again. We’re going to do everything humanly possible to not make the same mistakes again, right? Isn’t that the legitimate interest here?” SJC Justice Scott Kaftker asked.

“Because the intimacy, the intimate nature of the details in that exist in care and protection cases warrant confidentiality,” Kristin Stone Braithwaite, attorney for Department for Children and Families answered.

Adam Montgomery, who is in prison in New Hampshire is not fighting the request.

However, at the hearing, we learned that Crystal Sorey, Harmony’s birth mother, does not want the entire file released for privacy reasons.

The SJC’s decision is not expected for several weeks.

Why did a MA judge grant Adam Montgomery, a convicted violent felon, custody of his daughter Harmony, months before he murdered her? SJC considers releasing confidential records. My story @boston25 4,5,6pm pic.twitter.com/mx7T2JVGxK
— Bob Ward Boston 25 (@Bward3) January 6, 2025