Bill would require those charged with serious felonies in NH to attend all parts of trial
Proposal filed after Adam Montgomery declines to attend trial
Proposal filed after Adam Montgomery declines to attend trial
Proposal filed after Adam Montgomery declines to attend trial
A bill requiring anyone charged with a Class A felony in New Hampshire to be present for the entirety of the judicial process is being considered in the state House.
The bill would require those charged with a Class A felony to be present for their arraignment, jury selection, trial and sentencing.
"They don't have to appear at sentencing, and to me, this isn't right," said state Rep. Steve Shurtleff, D-Concord.
Shurtleff said federal rules require defendants to be present at every stage of a trial, and he wants the same for New Hampshire courts.
The House on Thursday voted in favor of bringing the bill to the floor.
The proposal comes after Adam Montgomery declined to attend his second-degree murder trial, in which he was found guilty of killing his 5-year-old daughter, Harmony. Prosecutors said they planned to file a motion to require him to be present for his sentencing on May 9.
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"I couldn't think of anything worse for someone who's been a victim of a crime to be presenting that statement to the court, to look at the defense table and look at an empty chair where the perpetrator of that crime should be sitting," Shurtleff said.
Shurtleff said the bill will allow prosecutors or defense attorneys to file a motion for the defendant to be absent for good cause which would then leave it for a judge to decide.
"There are safe guides to that — it's just not black and white. There are other ways for a person not to be there if they shouldn't be there. Whether it's their behavior or some other mitigating factors," Shurtleff said.
Gov. Sununu told News 9 that if this bill were to reach his desk, he would sign it.
Jurors in the Montgomery trial were instructed not to consider his absence when making their decision.
Montgomery faces a sentence of 35 years to life in prison. He is scheduled to be sentenced on May 9.