SEP 28,2022
[...]
The defense said Montgomery repeatedly told detectives he did not want to speak with them, but detectives continued to question him.
"His response to 'he has to tell the officer where Harmony is' was, 'Either arrest me, or I'm leaving. I'm not answering any questions,'" said defense attorney Caroline Smith. "That response was an assertion of his right to silence."
"The question that before you is, should his statements be suppressed?" said Senior Assistant Attorney General Ben Agati. "Well, what are those statements? The only statements there are, 'Do I need to sign this?' 'What is this?' I'm sorry, but those statements are not the product of questioning, regardless of the intent of the officers."
[...]
The first witness to testify Wednesday was Manchester police Detective John Dunleavy, the lead investigator in the Harmony Montgomery case.
[...]
"You're not in any trouble right now that I know of, OK?" Dunleavy said on the recording. "We have no warrants, OK? So, where's your daughter so we can check on her?"
"Right now, I've got nothing to say to you guys," Adam Montgomery said on the recording.
[...]
On Jan 4, he was arrested and taken to an interrogation room where he was read his Miranda rights, according to court documents. A few minutes into questioning, he told police he had nothing else to say, the documents said.
The defense filings said police continued to press Adam Montgomery after he asserted his right to silence.
The judge is taking the hearing under advisement before a decision is made.
[...]