
On June 11, 2026, the New Hampshire Supreme Court REVERSED Adam Montgomery's second-degree murder conviction in the death of his 5-year-old daughter, Harmony Montgomery — sending one of the most closely watched child-homicide cases in the country back for a possible retrial. Tonight, we break down the full opinion with a guest who knows this case from the inside: retired Massachusetts Juvenile Court Judge Carol Erskine. The Court didn't reverse on the facts — it reversed on a JOINDER error. The justices ruled that the trial court should have severed the July 2019 second-degree assault charge from the murder charge, finding that bolting a strong assault case onto a weaker murder case (one that rested largely on the testimony of Kayla Montgomery, who carried felony perjury convictions and a cooperation deal) created a real risk the jury convicted on propensity — "he hit her before, so he must have killed her." We walk through exactly what the Court said, why the other four convictions were AFFIRMED, what the 404(b) "other act" rulings mean for a retrial, and the question everyone's asking: what happens now? Then we widen the lens. Judge Erskine served 20+ years as First Justice of the Worcester County Juvenile Court and is a lifelong child advocate, college educator, and adoptive mother. She personally presided over the adoption of Harmony's half-brother, and after the case she wrote "A Cruel Injustice," filed a formal complaint asking the FBI to open a federal civil rights investigation into New Hampshire's DCYF, and publicly questioned the state's $2.25M settlement with Harmony's mother, Crystal Sorey. Nobody is better positioned to talk about how the system failed Harmony at every level — the courts, the agencies, and the people who were supposed to protect her. We're calling balls and strikes from a defense attorney's chair: what the reversal means legally, what it does NOT mean, and where accountability actually lives in a case like this. ▶ What we cover tonight: • The misjoinder ruling, explained in plain English • Why the murder conviction fell but the other four stood • The Kayla Montgomery credibility problem • What a retrial could look like — and what evidence comes back in • Judge Erskine's FBI complaint and the systemic failures behind Harmony's death • Your questions, live in the chat 🔗 Judge Carol Erskine: carolerskine.com Check Out Judge Erskine's Book "A Cruel Injustice" https://www.amazon.com/Cruel-Injustice-Judge-Carol-Erskine/dp/1960142135 📘 "A Cruel Injustice" (proceeds to the Dave Thomas Foundation) Defense Diaries is hosted by criminal defense attorneys Bob and Ali Motta. We break down the biggest cases in the country from inside the courtroom — no agenda, just the law. Subscribe and hit the bell so you never miss a livestream. #AdamMontgomery #HarmonyMontgomery #DefenseDiaries #TrueCrime #CarolErskine 00:00:00 Intro & greeting. Thanks to Judge Carol Erskine. for joining us 00:03:40 Recap about Harmony's case by Ali 00:09:24 Judge Carol Erskine takes the stage and breaks down with us and tells us about Harmony before this happened to her, the reversed conviction, explains the law & also about her involvement in this case. 00:15:35 Questions by Bob & Ali while judge E. is explaining and telling us about the case in general. 00:48:25 Background about Krystal & Adam, the incidents that lead to Adam M. to get full custody and finally to her passing. (Harmony was living basically in a prison being ab*sed every day) 01:02:00 Judge's Notes to follow. Together with Jameson's Fathers, they are working for a law to hold accountable every entity and every worker in the system that failed Harmony. And also a precedent for next cases like this. Judge E shares with us all the facts! 01:44:32 What about the other children? Continue with the notes & facts! 01:54:28 This is NEGLIGENCE for not acting before 01:55:35 Back to panel. 01:58:15 What is happening today? The judge updated us & shared a tweet about how to help and get full justice for Harmony. WANT TO HELP? - Subject: SUPPORT S.2602 / S.164 & H.218 (The Harmony Commission Bill) Senate President Karen Spilka: Karen.Spilka@masenate.gov| Speaker Ronald Mariano: Ronald.Mariano@mahouse.gov 02:00:00 Conclusions, final thoughts and comments.THANKS JUDGE CAROL ERSKINE (comments & superchats.) 02:08:50 Thanks And Goodbyes! Thank you for joining us today!! Link to the judge's book: "A CRUEL INJUSTICE" by Judge Erskine https://www.amazon.com/Cruel-Injustice-Judge-Carol-Erskine/dp/1960142135

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