This is more than 30 years after the sensational trial that inspired novels and a Nicole Kidman movie.
Smart was 22 years old and worked as a high-school media coordinator. She then began an affair in 1990 with Gregory Smart (15), who shot and killed her husband. She was convicted of conspiracy and murder, and sentenced to life in prison without parole. William Flynn and three other teenagers, who cooperated with the prosecutors, were sentenced to shorter terms and released.
Smart's request was denied by the New Hampshire state council in a 5-0 vote. Smart is asking for a hearing for the third time. She is now 54 and has exhausted all her judicial appeals.
Councilor Janet Stevens stated that she was "absolutely convinced" there is no evidence or argument to deny a request for commutation.
Smart's first apology to her husband's family was one thing that made this petition different.
In a recorded statement, she stated that "I offer no excuses" for my actions and behaviour. She sent the DVD to the attorney general's in December. "I am to blame."
"I am sorry that it took me so much time to apologize to my family, the Smart family and everyone else. She said that she didn't think I was in a position where I could face it or own it. "I was young and selfish, and I didn't think about the consequences of my actions."
Jeffery Strelzin (associate attorney general) wrote in the state's reply that Smart had been telling a false story for more than 30 years. Just because she decided to change it now, "doesn't mean she has really changed and fully admitted all the crimes that she committed as an accomplice or conspirator in her husband’s murder and the perpetrators of witness tampering."
Strelzin, who was against a sentence reduction, stated that "Decades worth of lies cannot be undone instantly by newfound claims to remorseful and a vague acceptance responsibility."
It was a media circus. This trial was also one of the first cases to focus on a sexual relationship between a student and a school employee. Joyce Maynard, based on the Smart case, wrote "To Die For" 1992. The Smart case inspired Joaquin Phoenix and Nicole Kidman to make a 1995 movie of the same name.
Flynn said that Smart threatened to kill him because she was afraid she would lose everything if he divorced her. He claimed that she threatened to split up with him if Gregory Smart wasn't killed.
Smart, in addition to obtaining two master's degrees at a Bedford Hills prison in New York, Smart also tutored other inmates and was ordained as minister. Smart is also part of an inmate liaison group. Her application included many letters from supervisors, inmates and other support.
Smart appealed to the court, stating that she is sorry and has been released. Smart also noted three pardons given to New Hampshire women involved in murder cases. The state countered by pointing out that the cases involved lesser second-degree murder charges, and that the other women didn't encourage a juvenile to murder.
