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Saturday, December 10, 2022

Pamela Smart’s lawyer asks the court to order a hearing on the sentence

CONCORD, NH ( Associated Press) — Lawyers for Pamela Smart, a former high school employee convicted of enlisting her teenage boyfriend to kill her husband, have asked New Hampshire’s highest court to hear her request to ease him. for ordering a State Council. Life sentence without parole.

Smart, 54, has been in prison for more than 30 years and will now have to go through New Hampshire’s executive council for any change in his sentence. Council rejected his request This is the third time it has done so for hearing on March 23.

A petition filed Thursday by Mark Sisty, one of Smart’s attorneys during his trial in 1990, said his rights under the New Hampshire Constitution had been violated when the council refused to “hear her request for a hearing”. refused to consider”.

Sisti said that refusal “contains a punishment of destruction because it prevents him from being deemed fit to return to society and thus prevents any opportunity for his punishment to be commuted.”

Sisty notes that Smart has completed several academic degree programs and served as a peer counselor, mentor, and teacher to other prisoners. “His watchdogs have indicated that his conduct and actions in prison provide an opportunity to reintegrate into society,” it said.

Sisty has sought permission from the state’s Supreme Court to argue the matter. The court has several options. This may dismiss the petition of the syst. It can accept this and decide that lawyers should submit a brief and be ready for oral debate. It can also order that a reply to the petition be filed.

A message seeking comment was left with the attorney general’s office and five members of the council, two of whom made brief remarks before rejecting Smart’s request in March.

“I have always been prepared to review the case if new evidence emerges to acquit Pam Smart, or if there were any legal doubts,” Councilor Joseph Kenney said in an email Friday to the Associated Press. “With all the material I’ve read on this topic over the years, I don’t see any new evidence. Therefore, my position for a pardon or commutation hearing has not changed.”

There was some discussion about Smart’s request in March.

“I am absolutely convinced that there is no evidence or argument” to grant a commutation request, Councilor Janet Stevens said at the time. She cited a response from the Attorney General’s office, saying that Gregory Smart’s “loss of life and the impact on his family and friends far outweighs whatever adversity the petitioner has faced in prison.”

Counselor Cindy Warmington said a commutation request was “an extraordinary remedy” granted under “extraordinary circumstances”, which were not seen in Smart’s plea.

Smart was 22 years old and working as a high school media coordinator when she began a relationship with the 15-year-old student who shot and killed Gregory Smart in 1990. Although he denied knowledge of the conspiracy, he was convicted of conspiracy to commit murder and other crimes and sentenced to life without parole. The student, William Flynn, and three other teenagers co-operated with prosecutors, served short sentences, and were released.

One thing that was different in her previous petition was that Smart apologized to her husband’s family for the first time.

“I offer no excuse for my actions and behavior,” she said in a recorded statement sent as a DVD to the attorney general’s office in December. “I’m guilty.”

In the state’s response, the Associate Attorney General, Jeffrey Strelzin, wrote that Smart had told a false narrative for more than 30 years and that just because he decided to change it “doesn’t mean he really changed.” and has fully admitted to all the offenses committed by him.” He said his acceptance of responsibility was “vague” and a member of Gregory Smart’s family said he wasn’t sure what Pamela Smart was apologizing for.

The lawsuit was a media circus and one of the first high-profile cases about a sexual relationship between a school staff member and a student. Joyce Maynard writes “To Die For” in 1992, drawing from Smart Case. It inspired a 1995 film of the same name, starring Nicole Kidman and Joaquin Phoenix.

Flynn testified that Smart told her that she needed to kill her husband because she feared she would lose everything if they divorced. She said that he threatened to break up with Gregory Smart if she didn’t kill him.

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