BOSTON (AP) — Pamela Smart, who is currently serving a life sentence for orchestrating the murder of her husband by her teenage student in 1990, has initiated a legal process to overturn her conviction. Her lawyers filed a habeas corpus petition in New York, where she is incarcerated at Bedford Hills Correctional Facility for Women, and in New Hampshire, where the murder took place.
According to Jason Ott, a member of Smart’s legal team, the trial was conducted in an unprecedented environment plagued by extensive media coverage that obscured the distinction between facts and allegations. This petition challenges whether a fair adversarial process took place, he stated in defense of Smart's appeal.
This request for legal relief follows New Hampshire Governor Kelly Ayotte's rejection of a prior plea for a sentence reduction hearing, after which she affirmed the appropriateness of the earlier trial outcomes.
In the latest petition, Smart's attorneys contend that prosecutors misled jurors with flawed transcripts of covert recordings that included words not audible in the original tapes. Claims encompass omitted phrases crucial to the interpretation of Smart's discussions regarding the murder plot, which they allege prejudiced the jury's decision.
Matthew Zernhelt, another attorney representing Smart, emphasized how jurors may have been swayed towards a conclusion rather than evaluating the recordings independently.
Additional arguments presented by the defense include the assertion that the verdict was influenced by media attention and that jurors received faulty instructions regarding the requirement of premeditation bound solely to evidence presented in the courtroom. They further argues that Smart's mandatory life sentence without parole for being an accomplice to first-degree murder was inappropriate, as New Hampshire law does not stipulate such a sentence for that charge.
Smart, then a 22-year-old media coordinator at a high school, was implicated in a scandal involving a sexual relationship with a 15-year-old boy, who subsequently shot her husband, Gregory Smart, in Derry. Despite her denials of knowledge regarding the murder conspiracy, she was convicted of facilitating first-degree murder and other charges, leading to her life's incarceration.
The media frenzy surrounding her trial was monumental, marking one of the early high-profile cases in America highlighting relationships between educators and students. The shooter, William Flynn, along with another accomplice, Patrick Randall, forced Gregory Smart to his knees before the fatal shot was fired. Flynn ultimately served 25 years before being released on parole in 2015.
In a recent video released earlier in 2024, Smart expressed regret, taking responsibility for her husband's death and acknowledging her past efforts to deflect blame as a coping mechanism. Her case not only captured national attention but also inspired significant cultural portrayals, including Joyce Maynard's book 'To Die For' and its subsequent film adaptation featuring Nicole Kidman.
According to Jason Ott, a member of Smart’s legal team, the trial was conducted in an unprecedented environment plagued by extensive media coverage that obscured the distinction between facts and allegations. This petition challenges whether a fair adversarial process took place, he stated in defense of Smart's appeal.
This request for legal relief follows New Hampshire Governor Kelly Ayotte's rejection of a prior plea for a sentence reduction hearing, after which she affirmed the appropriateness of the earlier trial outcomes.
In the latest petition, Smart's attorneys contend that prosecutors misled jurors with flawed transcripts of covert recordings that included words not audible in the original tapes. Claims encompass omitted phrases crucial to the interpretation of Smart's discussions regarding the murder plot, which they allege prejudiced the jury's decision.
Matthew Zernhelt, another attorney representing Smart, emphasized how jurors may have been swayed towards a conclusion rather than evaluating the recordings independently.
Additional arguments presented by the defense include the assertion that the verdict was influenced by media attention and that jurors received faulty instructions regarding the requirement of premeditation bound solely to evidence presented in the courtroom. They further argues that Smart's mandatory life sentence without parole for being an accomplice to first-degree murder was inappropriate, as New Hampshire law does not stipulate such a sentence for that charge.
Smart, then a 22-year-old media coordinator at a high school, was implicated in a scandal involving a sexual relationship with a 15-year-old boy, who subsequently shot her husband, Gregory Smart, in Derry. Despite her denials of knowledge regarding the murder conspiracy, she was convicted of facilitating first-degree murder and other charges, leading to her life's incarceration.
The media frenzy surrounding her trial was monumental, marking one of the early high-profile cases in America highlighting relationships between educators and students. The shooter, William Flynn, along with another accomplice, Patrick Randall, forced Gregory Smart to his knees before the fatal shot was fired. Flynn ultimately served 25 years before being released on parole in 2015.
In a recent video released earlier in 2024, Smart expressed regret, taking responsibility for her husband's death and acknowledging her past efforts to deflect blame as a coping mechanism. Her case not only captured national attention but also inspired significant cultural portrayals, including Joyce Maynard's book 'To Die For' and its subsequent film adaptation featuring Nicole Kidman.



















