CONCORD, N.H.- Assistant Attorney General Sam Gonyea has asked the New Hampshire Supreme Court to reconsider its decision to reverse Adam Montgomery’s second-degree murder conviction in the death of his 5-year-old daughter Harmony, telling the court the evidence against Montgomery was overwhelming.

In his request Gonyea said that the high court overlooked the role of the jury and “misapprehending the relative strength” of the state’s evidence, including eyewitness testimony along with extensive physical evidence.

The state also pushed back against the claim the that the prosecution’s second-degree murder case was “substantially weaker” than the second-degree assault case, due in part because the only direct testimony came from Montgomery’s estranged wife, Kayla, who says she witnessed the beatings that led to Harmony’s death in 2019.

The Attorney General’s office also argued that court’s opinion overlooked proper procedure that would have looked at a pretrial ruling to combine the cases and not the actual trial.

The request comes after the State Supreme Court earlier this month ruled Montgomery should have been tried separately on the assault charge and the murder charge.