Under current state law, a person charged with a felony does not have to appear at their own trial or at their own sentencing, House Speaker Emeritus Stephen Shurtleff earlier said.
In a Hillsborough Superior Court filing dated March 20, Attorney General John Formella wrote that Montgomery’s appearance in court for his sentencing is mandatory. He cited a state law that took effect in 2016 which requires defendants to personally appear in court when the victim or the victim’s next of kin addresses the judge, unless excused by the court.
“The State provides notice that Harmony Montgomery’s next of kin will personally be appearing in court along with other individuals victimized by the defendant’s crimes,” Formella wrote in the filing.
“The State therefore asks the Court to issue an appropriate transport order, and compel the Defendant’s attendance at the courthouse for sentencing,” Formella wrote.
Montgomery was convicted of second-degree murder on Feb. 22 in the death of his young daughter, Harmony, who police believe was killed nearly two years before she was reported missing in 2021.
Her body has never been found.
This is a developing story. Check back for updates as more information becomes available.