Boston, MA — The Massachusetts Supreme Judicial Court has ruled that the public has the right to access audio recordings from a private custody hearing concerning Harmony Montgomery, a 5-year-old girl from New Hampshire who tragically disappeared in 2019 and was later declared murdered by her father. This decision comes amid widespread scrutiny over the state’s child protection services and their handling of the young girl’s case.
Harmony was last seen alive after being placed in the custody of her father, Adam Montgomery, who was later convicted for her muder and sentenced to 56 years in prison. Authorities believe Harmony was killed in 2017, a full two years before her disappearance was reported in 2021. Despite extensive searches, her remains have not been found.
An independent investigation conducted in 2022 criticized the Massachusetts child welfare system for failing to protect Harmony, pointing to poor risk assessment and an imbalance in prioritizing parental rights over child welfare. The Office of the Child Advocate, headed by Maria Mossaides, highlighted several systemic failures that contributed to the neglect of Harmony’s medical, educational, and safety needs during custody proceedings.
The controversial custody decision, originally held behind closed doors due to privacy concerns, came under scrutiny when filmmaker Bill Lichtenstein, supported by several media interests, pursued legal action to obtain the custody hearing recordings. Lichtenstein aims to use this material in a documentary exploring the opacity of Massachusetts’ child protection and juvenile justice systems.
The Supreme Judicial Court’s agreement to release the recordings noted that doing so could help illuminate the specific failures in Harmony Montgomery’s case and potentially spark systemic changes to prevent similar future tragedies. The court specified that names of other minors involved would be redacted from the audio materials to protect their privacy.
Bill Lichtenstein praised the court’s decision as a significant step toward transparency on issues critical to child safety within Massachusetts’ legal systems. He strongly criticized the “absolute unconditional secrecy” that, in his view, has hindered the protection of children within state care.
The ramifications of the decision extend beyond revealing insights into Harmony Montgomery’s tragic fate. They also challenge the longstanding norms of confidentiality in family court cases, spurring a debate about the balance between privacy rights and the public’s right to information in cases involving potential systemic failures leading to harm to children.
Unfortunately, the Massachusetts Department of Children and Families did not provide a comment on the court’s ruling when approached. Similarly, the Massachusetts attorney general’s office chose not to comment on the decision, according to a spokesperson.
Harmony’s case also drew attention to the family’s dire circumstances around the time of her disappearance. Testimony by Adam Montgomery’s estranged wife, Kayla, during his trial painted a grim picture of their life, involving homelessness and physical abuse directed at Harmony by Adam, spurred by his frustration over her incontinence. Kayla recounted a haunting moment when Harmony was found deceased following an abusive episode, and the measures that were taken to conceal her body, including hiding it in various unspeakable locations.
The decision to release the custody hearing recordings is seen as a pivotal moment in addressing the transparency and efficacy of child welfare practices. It underscores the urgent need for reform and vigilance in systems meant to safeguard the most vulnerable.