The Attorney General’s Office of New Hampshire has filed a motion to dismiss Pamela Smart’s recent petition to overturn her 1991 murder conviction. Smart, who was convicted for her involvement in her husband’s murder, has filed a petition claiming that certain evidence misled the jurors during her trial over three decades ago.

Disputed Evidence and Legal Arguments

Smart’s petition, filed in January, argues that transcripts of audio tapes used during the trial may have biased the jurors’ interpretation of the recordings. Her attorney references a recent study on ‘expectation bias’ when audio is paired with written transcription. However, the state argues that the study lacks legal relevance and was ‘manufactured’ for this case.

Legal experts note that Smart faces the challenge of countering the state’s argument that jurors were instructed to rely solely on the audio recordings as evidence. Daniel Pi, a law professor at the University of New Hampshire, emphasized that jurors are presumed to follow the judge’s instructions, which could undermine Smart’s claims.

Responses from Both Sides

Smart’s attorney, Matthew Zernhelt, issued a statement expressing concern over what he describes as the state’s ‘troubling mischaracterizations’ of the law. He argues that the evidence used in the trial was ‘effectively manufactured’ and calls for an evidentiary hearing to review the case. Zernhelt believes that the alleged error in the trial warrants a new trial.

The Attorney General’s Office has declined to comment further on the ongoing litigation. Pamela Smart is currently serving a life sentence without the possibility of parole.

Original reporting: 40/29 / KHBS (NW Arkansas) — read the source article.