Pamela Smart's lawyer asks court to order sentence hearing

Pamela Smart has asked New Hampshire’s highest court to hold another hearing to address her request of a reduction to her life-without-parole sentence, after having a third appeal denied last month.

lawyer for 54-year-old Smart, who was 22 when she recruited teenage lover William ‘Billy’ Flynn to kill her husband Greggory in 1990, filed a petition on Thursday over her right for a hearing to argue for a shortened sentence.

Smart, who met then 15-year-old Flynn while working as a media coordinator at Winnacunnet High School in New Hampshire, has been in prison more than 30 years – and following last month’s rejection, she will now have to go through New Hampshire’s Executive Council for any changes to her sentence. 

The petition – filed by Mark Sisti, one of Smart’s lawyers during her trial in 1990 – seeks to do exactly that.

In the filing, Sisti contended that Smart’s rights were violated when the council refused ‘to even consider her request for a hearing’ last month, and questioned whether Gov.

Chris Sununu and the council can ‘refuse to consider granting’ her another hearing.

Sisti further asserted that the refusal was ‘tantamount to a sentence of extermination as it prevents her from being deemed fit to return to society and thus forecloses any chance at having her sentence altered.’

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Pamela Smart (pictured here in a 2020 jailhouse interview with ABC's 2020), is petitioning a New Hampshire court's March decision to reject her appeal for a commuted life sentence after 32 years in prison - a last-ditch effort before she spends the rest of her life behind bars

Pamela Smart (pictured here in a 2020 jailhouse interview with ABC’s 2020), is petitioning a New Hampshire court’s March decision to reject her appeal for a commuted life sentence after 32 years in prison – a last-ditch effort before she spends the rest of her life behind bars

In this 1991 file photo, William 'Billy' Flynn testifies on his 17th birthday how he shot Greggory Smart in the head and killed him. Flynn pleaded guilty to killing Smart and cooperated with prosecutors during the highly publicized trial. He was released on parole in 2015

In this 1991 file photo, William ‘Billy’ Flynn testifies on his 17th birthday how he shot Greggory Smart in the head and killed him.

Flynn pleaded guilty to killing Smart and cooperated with prosecutors during the highly publicized trial. He was released on parole in 2015

Smart was convicted of orchestrating the murder of Greggory Smart (right) only a year after the couple married. The two are pictured in 1989 on their wedding day

Smart was convicted of orchestrating the murder of Greggory Smart (right) only a year after the couple married.

The two are pictured in 1989 on their wedding day

Mark Sisti, one of Smart's lawyers during her trial in 1990, filed the petition Thursday, arguing for his client's right for another hearing aimed at garnering a lesser sentence

Mark Sisti, one of Smart’s lawyers during her trial in 1990, filed the petition Thursday, arguing for his client’s right for another hearing aimed at garnering a lesser sentence

The attorney also remarked how Smart has completed multiple academic degree programs during her more than three decades of incarceration, and has served as a peer counselor, mentor, and even teacher to other inmates at Bedford Hills Correctional Facility – a maximum security women’s prison in Westchester, New York.

‘Those charged with supervising her have indicated that her conduct and actions in prison warrant an opportunity to rejoin society,’ Sisti insisted in the filing. 

The appeal serves as a last-ditch effort by Smart to shorten her sentence before she spends the rest of her life behind bars. 

If a commutation hearing is granted, Gov.

Sununu, a Republican, would be left to decide whether Pamela Smart should be eligible for parole. 

In a written statement released Friday, Smart spokesperson Eleanor Pam said her client is hopeful the state Supreme Court will allow her to resubmit a fourth petition.

‘She was never given the opportunity to show rehabilitation after 32 years of incarceration, and that her return to the community would pose no threat upon release,’ Pam wrote. 

‘Both were comprehensively and robustly demonstrated in her petition, which included, among others, support from the long-serving prison superintendent, correctional officials and religious leaders.’

Pam, a feminist professor at the City University of New York who has fought for clemency for Smart for years, went on to declare council members ignored these supposed signs of improvement.  

‘None of these proofs were discussed by members of the Executive Council or referenced in the opposition writings of the attorney general.’  

Teacher:  Pamela Smart (seen in 1991) was convicted of conspiring with her teen lover, William 'Billy' Flynn, to kill her 24-year-old husband, Greggory Smart. Smart is serving a life without parole sentence

Teacher:  Pamela Smart (seen in 1991) was convicted of conspiring with her teen lover, William ‘Billy’ Flynn, to kill her 24-year-old husband, Greggory Smart.

Smart is serving a life without parole sentence

Smart has denied knowledge of the plot, but was still convicted of conspiracy to commit murder and other crimes in 1991, and sentenced to life without parole

Smart has denied knowledge of the plot, but was still convicted of conspiracy to commit murder and other crimes in 1991, and sentenced to life without parole

The attorney general’s office declined to comment on the pending litigation. Messages seeking comment were left with the five council members, two of whom had made brief comments before the council rejected Smart’s latest request in March.

‘I have always been willing to review the case if new evidence came up to exonerate Pam Smart, or if there was a legal misgiving,’ Councilor Joseph Kenney said in an email Friday. 

‘As much material that I have read over the years on this subject, I see no new evidence.

Therefore, my position has not been changed for a pardon or commutation hearing.’

There was some discussion about Smart’s most recent request for clemency – in which the convicted killer apologized to the family of her late husband for the first time – back in March.

‘I am absolutely convinced that there´s no evidence or argument’ to grant a commutation request, councilor Janet Stevens said at the time. 

The jurist went on to assert that Greggory Smart’s ‘loss of life and the impact on his family and friends far outweighs whatever adversity the petitioner has faced in prison.’

Councilor Cinde Warmington, meanwhile, argued that a commutations request is ‘an extraordinary remedy’ given under ‘extraordinary circumstances’ – something she said she did not see in Smart’s petition.

The attempt at contrition ultimately proved unsuccessful. 

Smart was an instructor in a self-awareness program at the high school in Hampton, New Hampshire when she seduced the 15-year-old Flynn, a fellow volunteer.

She told him she needed her 24-year-old husband killed because she feared she would lose everything, including her dog and furniture, if she divorced him.

In her last appeal, Smart apologized to her late husband's surviving family for a plot that saw her enlist Flynn and three others to kill her spouse

In her last appeal, Smart apologized to her late husband’s surviving family for a plot that saw her enlist Flynn and three others to kill her spouse

On May 1, 1990, he and 18-year-old Patrick Randall entered the Smarts’ Derry condominium and forced Greggory Smart, 식물 엑소즘 a sales representative for an insurance company, to his knees in the foyer.

As Randall held a knife to the man’s throat, Flynn shot him in the head.

What’s important to me is Pam stays in jail for the rest of her life 
Rick Smart, brother of the victim 

To this day, Pamela Smart denies knowing about the plot.

But the state’s star witness, a teenage intern in whom Smart confided, secretly recorded her after the killing saying, ‘If you tell the (expletive) truth, you’ll send me to the slammer for the rest of my (expletive) life.’

Smart, whose trial was the first to be televised nationally from start to finish, was convicted March 22, 1991, of being an accomplice to first-degree murder, conspiracy and witness tampering.

Randall got 28 years to life; he comes up for parole in April.

Two other teenagers served prison sentences and have been released. 

Flynn pleaded guilty to second-degree murder and 식물 엑소즘 testified in Smart’s 1991 trial that she threatened to break up with him if he didn’t kill her husband.

He was sentenced to 28 years to life in prison, minus credit for pretrial incarceration, and was released in 2015 after 25 years of incarceration, at 41 years of age, after cooperating with prosecutors during the initial court proceedings.

The three other teens have since been released as well – meaning Smart is the only person convicted in connection with Gregg Smart’s death still in prison.

Smart has denied knowledge of the plot, but was still convicted of conspiracy to commit murder and other crimes in 1991, and sentenced to life without parole.   

In her last appeal, Smart apologized to her late husband’s surviving family.  

‘I offer no excuses for my actions and behavior,’ she said in a recorded statement that was sent as a DVD to the attorney general´s office in December.

‘I’m to blame.’

In the state´s response, Jeffery Strelzin, associate attorney general, wrote that Smart has told a false narrative for over 30 years and just because she´s decided to change that now ‘does not mean that she has truly changed and fully acknowledged all the crimes she committed.’ 

He said her acceptance of responsibility was ‘vague’ and a family member of Greggory Smart said she wasn’t sure what Pamela Smart was apologizing for.

The trial was a media circus and one of the first high-profile cases about a sexual affair between a school staff member and a student. 

Joyce Maynard wrote ‘To Die For’ in 1992, drawing from the Smart case.

That inspired a 1995 film of the same name, starring Nicole Kidman and 식물 엑소즘 Joaquin Phoenix.