CONCORD, N.H. – On Thursday, Merrimack County Superior Court Judge James Kennedy denied the latest petition for a new trial filed by Pamela Smart, the former high‑school media coordinator who was convicted in 1991 of orchestrating the murder of her husband.
Petition dismissed on procedural and merit grounds
Smart, now 59, sought habeas corpus relief in January, claiming several constitutional violations during her original prosecution. After a hearing in July, Judge Kennedy granted the state’s motion to dismiss, stating that the arguments presented either had already been considered in earlier appeals or, if not, were without merit.
The petition’s core allegations centered on alleged inaccuracies in the trial transcript. Smart’s lawyers argued that prosecutors gave jurors written transcripts of recorded conversations between Smart and her teenage student intern, William Flynn, that contained words not audible on the recordings. They highlighted three specific examples: the word “killed” in the phrase “you had your husband killed,” the word “busted” in “I’m gonna be busted,” and the word “murder” in “this would have been the perfect murder.”
Forensic study deemed “dubious” by the court
Smart’s counsel also cited a forensic study suggesting that presenting transcripts alongside muffled audio could mislead jurors into believing the written text, even when it is inaccurate. Judge Kennedy found the study’s legal relevance “dubious,” noting it had not been published or made available for review, and that the attorneys failed to identify any specific inaccuracies in the transcript.
The judge further rejected claims that the original verdict was tainted by extensive media coverage or faulty jury instructions, emphasizing that the trial—one of the first in the nation to be broadcast live—had been conducted under standard procedural safeguards.
Background of the case
In 1990, Smart, then a 22‑year‑old media coordinator at Derry High School, began an affair with 15‑year‑old student William Flynn. Flynn later shot Smart’s husband, Gregory Smart, claiming he acted at Smart’s behest. Flynn and three other teens involved in the plot cooperated with prosecutors and have all been released; Flynn was freed in 2015 after serving a 25‑year sentence.
Smart maintained her innocence for decades, only acknowledging responsibility in 2024, describing her earlier denial as a “coping mechanism.” Her trial was notable for its live television coverage and for bringing national attention to a sexual relationship between a school employee and a student.
Impact and next steps
With the petition dismissed, Smart’s life‑without‑parole sentence remains in effect. The decision underscores the difficulty of overturning convictions many years after the original trial, especially when procedural avenues have been exhausted.
The case continues to capture public interest, having inspired Joyce Maynard’s 1992 novel “To Die For” and the 1995 film adaptation starring Nicole Kidman and Joaquin Phoenix.
Original reporting: Alexandria, VA News – WTOP News — read the source article.
