BOSTON (AP) — Pamela Smart, who is serving life in prison for orchestrating the murder of her husband by her teenage student in 1990, is seeking to overturn her conviction over what her lawyers claim were several constitutional violations.
In this image from video, Pamela Smart testifies in her own defense during her 1991 murder trial. Smart’s trial was the first ever televised murder trial in the county. (Court TV)
The petition for habeas corpus relief was filed Monday in New York, where she is being held at the Bedford Hills Correctional Facility for Women, and in New Hampshire, where the murder happened.
“Ms. Smart’s trial unfolded in an environment that no court had previously confronted — wall-to-wall media coverage that blurred the line between allegation and evidence,” Jason Ott, who is part of Smart’s legal team, said in a statement. “This petition challenges whether a fair adversarial process took place.”
The move comes about seven months after New Hampshire Gov. Kelly Ayotte rejected a request for a sentence reduction hearing. Ayotte said she reviewed the case and decided it was not deserving of a hearing.
Court TV’s Trial Archive | NH v. Smart (1991)
A spokesman for the New York State Department of Corrections and Community Supervision said the department would have no comment on the petition.
A spokesman for New Hampshire’s attorney general said it would not comment on pending litigation “other than to note that the State maintains Ms. Smart received a fair trial and that her convictions were lawfully obtained and upheld on appeal.”
In their petition, lawyers for the 57-year-old Smart argue that prosecutors misled the jury by providing inaccurate transcripts of surreptitiously recorded conversations with Ms. Smart that included words not audible on the recordings. Among the words they claim weren’t audible but in the transcript were the word killed in the sentence “you had your husband killed,” the word busted in the sentence “I’m gonna be busted,” and the word murder in the sentence “this would have been the perfect murder.”
“Modern science confirms what common sense has always told us: when people are handed a script, they inevitably hear the words they are shown,” Smart’s attorney, Matthew Zernhelt, said in a statement. “Jurors were not evaluating the recordings independently — they were being directed toward a conclusion, and that direction decided the verdict.”
MORE | Lawyer: Pamela Smart, serving life sentence, asks for hope
Lawyers also argued the conviction should be overturned because the verdict was tainted by the media attention and due to faulty instructions to the jury. They argued that jurors were told they must find that Smart acted with premeditation, not that they must consider only the evidence presented at trial.
They also argued the trial court gave her a mandatory life sentence without parole for being an accomplice to first-degree murder, despite New Hampshire not mandating that sentence for the charge.
Smart was a 22-year-old high school media coordinator when she began an affair with a 15-year-old boy who later fatally shot her husband, Gregory Smart, in Derry. The shooter was freed in 2015 after serving a 25-year sentence. Although Smart denied knowledge of the plot, she was convicted of being an accomplice to first-degree murder and other crimes and sentenced to life without parole.
It took until 2024 for Smart to take full responsibility for her husband’s death. In a video released in June, she said she spent years deflecting blame “almost as if it was a coping mechanism.”
Smart’s trial was a media circus and one of America’s first high-profile cases about a sexual affair between a school employee and a student. The student, William Flynn, testified that Smart told him she needed her husband killed because she feared she would lose everything if they divorced and that she threatened to break up with him if he didn’t kill her husband. Flynn and three other teens cooperated with prosecutors and all have since been released.
Flynn and 17-year-old Patrick Randall entered the Smarts’ Derry condominium and forced Gregory Smart to his knees in the foyer. As Randall held a knife to the man’s throat, Flynn fired a hollow-point bullet into his head. Both pleaded guilty to second-degree murder and were sentenced to 28 years to life. They were granted parole in 2015. Two other teenagers were sentenced to prison and have since been released.
The case inspired Joyce Maynard’s 1992 book “To Die For” and the 1995 film of the same name, starring Nicole Kidman and Joaquin Phoenix.
