Pamela Smart

Pamela Smart was born Pamela Wojas in Windham, New Hampshire, on August 16, 1967, the daughter of John and Linda Wojas. She grew up in Miami, Florida, before her family moved to Canobie Lake, New Hampshire, when she was in the eighth grade.[3] Pamela attended secondary school at Pinkerton Academy in Derry, where she was a cheerleader, and graduated from Florida State University (FSU) with a degree in communications. At FSU, she had been the host of a college radio program.[4]

Pamela met Greggory Smart while she visited New Hampshire over Christmas break in 1986. They formed a serious relationship in February 1987 and married two years later, with Greggory moving to Florida to live with Pamela during her senior year at FSU.[5] The couple shared a passion for heavy metal music. However, seven months into their marriage, they began having difficulties in their relationship. Pamela took a job as a media coordinator at Winnacunnet High School in Hampton, New Hampshire,[6] where she met high school sophomore William "Billy" Flynn at Project Self-Esteem, a local drug awareness program at Winnacunnet High where both were volunteers. They bonded over their mutual interest in heavy metal. Pamela also met another intern named Cecelia Pierce, who was friends with Flynn.[7]

On May 1, 1990, Pamela Smart came home from a meeting at work to find her condominium ransacked and her husband Greggory murdered. Police officials said the crime scene looked like a disrupted burglary. Smart was later accused of seducing 15-year-old Flynn and threatening to stop having sex with him unless he killed her husband. Flynn did so with the help of friends Patrick "Pete" Randall, Vance "J.R." Lattime, Jr., and Raymond Fowler.[8]

During the investigation, Lattime's father brought a .38 caliber pistol he had found in his house to the police, believing it might have been the murder weapon. On May 14, an anonymous tip also indicated that Pierce was aware of the plan. Police talked to Pierce, who agreed to wear a wire and record conversations with Smart in hopes that she would say something incriminating, which she did.[9]

On August 1, 1990, Detective Daniel Pelletier approached Smart in her school's parking lot. Smart recognized him, having spoken to him on at least six other occasions. Taken by surprise, she asked, "What's up?" "Well, Pam," Pelletier said in the recording, "I have some good news and I have some bad news. The good news is that we've solved the murder of your husband. The bad news is you're under arrest."[10] "What for?" Smart asked. "First-degree murder."[11] Smart was then handcuffed and arraigned at the Derry District Court and jailed at the New Hampshire State Prison for Women, which was in Goffstown at the time.[12]

Smart's trial was widely watched and garnered considerable media attention, partly because it was one of the first in the U.S. to allow TV cameras in the courtroom. She faced life in prison if convicted. The prosecution's case relied heavily on testimony from Smart's teenaged co-conspirators, who had secured their own plea bargains before her trial began.[13]

When oral arguments began March 4, 1991, Assistant Attorney General Diane Nicolosi portrayed the teenagers as naïve victims of an "evil woman bent on murder." The prosecution portrayed Pamela Smart as the cold-blooded mastermind who controlled her underaged sex partner. Nicolosi claimed that Smart seduced Flynn to get him to murder her husband, so that she could avoid an expensive divorce and benefit from a $140,000 life insurance policy. In her testimony, Smart acknowledged that she had what she termed an "affair" with the underaged boy, but claimed that the murder of her husband was solely the doing of Flynn and his friends as a reaction to her telling Flynn that she wished to end their "relationship" and repair her marriage. She insisted that she neither participated in the murder plot nor had any foreknowledge of it. Though Flynn claimed he had fallen in love with Smart when he first met her,[14] Cecelia Pierce testified at trial that Smart and Flynn were originally just friends. Pierce first noticed a change about February, when Smart confessed to her that she "loved Bill." Flynn testified at trial that he was a virgin before he had sex with Pamela Smart.

After a 14-day trial that culminated on March 22, 1991, in the Rockingham County Superior Court, Smart was found guilty of being an accomplice to first-degree murder, conspiracy to commit murder, and witness tampering. The tampering stemmed from Pamela's coercing Cecelia not to say anything to authorities or to lie.[15] The conviction was largely the result of the testimony of her co-conspirators and secretly taped conversations in which Smart appeared to contradict her claims of having wanted to reconcile with her husband and of having no knowledge of the boys' plot.[16] She could have been charged with capital murder, but the prosecution decided against it. Later that day, she was given a mandatory sentence of life in prison without the possibility for parole.[15]

Smart argued that the media had influenced her trial and conviction, as she explained in the 2014 HBO documentary Captivated: The Trials of Pamela Smart.[15]

Smart is serving her life sentence at the maximum-security Bedford Hills Correctional Facility for Women in Westchester County, New York, where she was transferred in 1993 from the New Hampshire State Prison for Women in Goffstown. At the time, New Hampshire officials said the transfer was for unspecified "security reasons."[17] Co-defendants William Flynn and Patrick Randall were also transferred out-of-state, in both cases to the Maine State Prison in Warren, Maine.[18]

The specific reasons for Smart's transfer are unclear. In 2007, a senior assistant in the state attorney general's office told the Keene State Equinox that Smart was transferred due to discipline problems. While she had accrued 22 disciplinary reports, all but two of them were for minor offenses. Deputy Compact Administrator Denise Heath claimed that at the time, there were fears that the State Prison for Women was not suitable for a high-profile inmate like Smart, and that it would be too easy for someone to break her out. However, New Hampshire has never had a formal transfer agreement with New York; Heath believed the transfer was a "commissioner to commissioner" arrangement. Smart's family maintains they were never informed of the transfer.[19]

Although she maintains her innocence, Smart has conceded that her husband would still be alive if she had not had what she continues to describe as an "affair" with Flynn, a minor.[20] While in prison, Smart has tutored other inmates and has completed two master's degrees with concentrations in literature and legal studies from Mercy College,[21][22] which were paid for with private funds from Mercy College. Smart became a member of the National Organization for Women, campaigning for rights for women in prison.[23]

In October 1996, Smart was severely beaten by fellow inmates Mona Graves and Ghania Miller. This resulted in the insertion of a plastic plate in the left side of her face. The two inmates beat Smart after they accused her of snitching on them about their prison relationship. Graves and Miller were convicted of second-degree assault in the attack on Smart at Bedford Hills Correctional Facility and were subsequently transferred to separate prisons.[24] As a result of the beating, she takes medication for chronic pain and sometimes thinks of suicide. Her counselor, Dr. Eleanor Pam, says that "she has many, many, many dark days."[25]

Smart says she still keeps track of Flynn because she regards him as being the key to her freedom. "He is one of the few people that could actually get me out of here, by coming forward and telling the truth, but he's never gonna do that," said Smart.[26]

In 2003, photos of a scantily clad Smart were published in the National Enquirer. She filed a complaint against the prison and was placed in solitary confinement for two months. Smart sued, claiming that the photos were taken by a prison guard who had raped her, but the lawsuit was dismissed.[27] In 2004, Smart and fellow inmate Carolyn Warmus sued officials of Bedford Hills, claiming sexual harassment, and sexual assault by a corrections officer, who they said coerced them into posing for the suggestive pictures published in 2003.[28][29] On November 5, 2009, a U.S. District Court Judge approved a $23,875 judgment to Smart from the State of New York. Smart received $8,750, while her attorney received the remaining balance for attorney fees.[30]

While serving her sentence, Smart took part in a writer's workshop, which was facilitated by playwright Eve Ensler. The workshop and Smart's writing were exhibited in the 2003 PBS documentary What I Want My Words to Do to You.[31]

In April 2004, the First U.S. Court of Appeals upheld a 2002 ruling by a federal judge who rejected her federal habeas petition. Previous to her federal appeal, Smart had exhausted all judicial appeals at the state level. In July 2005, the New Hampshire Executive Council unanimously denied a pardon request for "any conditions the governor may seek to impose." In an interview with ABC News, Smart indicated she is afraid of growing old and dying in prison and would rather have been given the death penalty.[32]

In 1992, William Flynn was sentenced to life in prison for second degree murder; not eligible for parole for 40 years with 12 years of the minimum sentence deferred if he maintains good behavior. Flynn was incarcerated at the Maine State Prison in Warren, where he earned his GED, has been active in charity work and worked as an electrician at the prison. In 2007, Flynn sought a sentence reduction after serving 16 years, stating that he had vowed not to do so until he had spent as many years behind bars as he had spent free.[33] He also apologized to Gregg Smart's family for murdering him. The Smart family opposed the request.[33] On February 12, 2008, the request was denied, although Flynn's earliest parole eligibility date was reduced by three years to 25 years, making him eligible for parole in 2015.[34] In July 2014, Flynn was moved to a minimum security facility in Warren, Maine; the transfer allowed him to participate in a work release program.[35]

Flynn was granted parole by the state parole board on March 12, 2015, and was released from prison with lifetime parole on June 4, 2015, a few days past the 25th anniversary of Gregg Smart's death.[36]

Like Flynn, Patrick Randall was also sentenced to life in prison for second degree murder, eligible for parole after 40 years with 12 years deferred, making him eligible as early as 2018.[37] He too served his sentence at the Maine State Prison in Warren, Maine. In March 2009, a judge reduced Randall's minimum sentence by three years to 25 years, making him eligible for release as early as June 2015.[37][38] Randall was granted parole by the New Hampshire Parole Board after a hearing on April 9, 2015.[39] He was released on June 4, 2015 on lifetime parole, the same day as co-conspirator Flynn's release and a few days past the 25th anniversary of Gregg Smart's death.[18]

Co-conspirator and driver Vance Lattime was sentenced to life in prison as an accomplice to second-degree murder, eligible for parole after 30 years with 12 years suspended, making him eligible in 2008.[40] In 2005, his minimum sentence was reduced by three years, and he was paroled that same year, 15 years after Gregg Smart's death.[40]

Co-conspirator Raymond Fowler (who waited in the car during the killing) was sentenced to 30 years for conspiracy to murder and attempted burglary, and parole eligibility after 15 years.[41] Fowler was paroled in 2003, 13 years after Gregg Smart's death, but was sent back to prison in 2004 for violating his parole terms.[42][43] He was paroled again in June 2005.[44]

• Official website
• Pam Smart links from the website of the Lane Memorial Library
• Trial Transcripts