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Awaiting decisionSmart v. Warden (new-trial petition)
Will Pamela Smart win a new trial?
Where the case stands
Habeas petition argued July 20, 2026 before Judge James Kennedy, who took it under advisement and said he would issue a written ruling within 30 to 60 days (i.e., by roughly mid-September 2026).
Background
High-school media coordinator convicted in 1991 as an accomplice to the first-degree murder of her husband Gregg Smart, shot in May 1990 by her 15-year-old lover William Flynn. Serving life without parole. Her trial was the first fully televised trial in U.S. history and a national media sensation.
Charges
- 1991 conviction: accomplice to first-degree murder, conspiracy, and witness tampering — life without parole
The arguments
Prosecution/State: Assistant AG John Drennan argued none of the claims are factually supported and that Smart is misusing habeas as a substitute for appeals already lost; transcript discrepancies are akin to reading a voicemail transcription while hearing the message.
Defense: The 1991 conviction rested on secretly recorded body-wire conversations whose state-prepared transcripts put words in her mouth — jurors given transcripts with disputed words like killed and murder that are inaudible on the tapes were directed toward a conclusion rather than evaluating the audio independently.
The record
- Body-wire recordings. Secret 1990 recordings of Smart made by student intern Cecelia Pierce — the core trial evidence, whose transcripts are now disputed.
- Disputed transcript words. Defense says words such as killed, busted and murder appear in the state transcripts but cannot clearly be heard on the audio.
- Televised trial archive. The complete 1991 trial was broadcast and is publicly archived (Court TV), including the testimony of the teen shooters.
The line-setting read at the time this market opened
Smart has lost every prior challenge over 35 years and the state contests the procedural vehicle itself; grants of habeas relief at this stage are rare. Heavy favorite is denial, but the judge took full briefing and argument and promised a written ruling.
Awaiting decision — Judge Kennedy written ruling on the habeas petition — deny, or grant a new trial. The ruling is posted here, and on the board, the moment it's confirmed by two or more independent news organizations.
Sources
Public record
- Court TV archive — NH v. Pamela Smart full trial page (first televised trial)
- Court TV YouTube playlist — Pamela Smart Murder Trial archive
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