MANCHESTER, N.H.- Adam Montgomery has asked to return to New Hampshire ahead of his retrial on a second-degree murder charge, after the State Supreme Court reversed his conviction in the death of his 5-year-old daughter, Harmony.

In a statement through the New Hampshire Public Defender’s Office Montgomery, said the scheduling conference, which is expected to take place August 21st, requires his attendance, and has asked to remain in the state until the conclusion of his retrial.

The request comes after a judge overseeing the Sentence Review Board reconsidered a request to review his sentence regarding firearms charges, which the board had previously denied after Montgomery failed to respond to communications with the board which he says was due to the fact his replies weren’t being returned from the Virgina prison where he’s currently being held.