(NewsNation) — Defense attorneys for Adam Montgomery, the man accused of killing his daughter Harmony, are seeking to split the charges against him into separate trials.

Adam’s lawyers are seeking one trial for an assault charge and another for a charge of second-degree murder in connection with the death of his 5-year-old daughter.

His defense team made the last-minute request at the final pre-trial hearing Tuesday because of newly obtained information.

Adam, 33, was charged in the murder of his missing daughter and spent months moving and hiding her body before disposing of it, according to a police affidavit.

He pleaded not guilty in October to second-degree murder, falsifying physical evidence and abuse of a corpse charges. His daughter was reported missing in November 2021, nearly two years after police believe she was killed in Manchester. Her body has not been found.

According to the affidavit, Kayla Montgomery told police that Adam Montgomery killed Harmony on Dec. 7, 2019, while the family lived in their car.

Kayla Montgomery, who was Harmony’s stepmother, said he was driving to a fast food restaurant when he turned around and repeatedly punched Harmony in the face and head because he was angry that she was having bathroom accidents in the car.

“I think I really hurt her this time. I think I did something,” he said, according to Kayla Montgomery.

“The information that’s disclosed is not new information in regards to what the allegations are,” Senior Assistant Attorney General Ben Agati said.

Prosecutors told the court if the charges are split into two trials and Adam is found guilty of assaulting his daughter, they plan to use that information in the murder trial, according to WMUR.

The trial on both charges is scheduled to start on Feb. 6.