- Associated Press - Friday, January 8, 2016

BRENTWOOD, N.H. (AP) - The owner of the gun used to kill Pamela Smart’s husband Gregg in 1990 is appealing a judge’s ruling last month to not return the firearm.

The Portsmouth Herald reports (https://bit.ly/1PiuuDY ) Vance Lattime Sr. recently filed the appeal in Rockingham Superior Court, asking Judge Andrew Schulman to reconsider returning his Charter Arms .38 caliber revolver - a key piece of evidence in the case.

Prosecutors say the gun was stolen by Vance “J.R.” Lattime Jr. so Winnacunnet High School classmate Billy Flynn could murder Gregg Smart in the couple’s Derry home.

Pamela Smart, then a media coordinator at the school, convinced Flynn to kill her husband. The two were having an affair at the time.

Lattime Jr. drove the getaway car, waiting with Raymond Fowler while Flynn and Patrick Randall went inside to kill Gregg Smart.

All were sent to prison and have since been paroled, while Pamela Smart is serving a life sentence without parole.

Smart has admitted seducing Flynn, but said she didn’t plan her husband’s murder.

Lattime Sr. said he brought the gun to police in 1990 after hearing from one of his son’s friends that it might have been used in a crime.

“The police have had my property for over 25 years and now I am asking the court to order that the state of New Hampshire return my property to me,” he said in affidavit in November. He did not say what he would do with the gun.

Lattime Sr.’s attorney, Mark Stevens, argued in his motion for reconsideration that Pamela Smart, who has filed appeals, has no chance of being granted a new trial, and so the gun was no longer needed by the court.

In an objection filed Monday, Assistant Attorney General Jeffrey Strelzin said the state is fine with returning the ammunition and holster, but not the gun.

Strelzin wrote that while the governor may be limited in granting a pardon, the avenues available for someone seeking one are not. He said those opportunities could include new claims on subsequent scientific evidence and forensic testing, which would involve the firearm.

The trial was a media circus and one of the first high-profile cases about a sexual affair between a school staff member and student. It inspired the Joyce Maynard novel “To Die For,” which in turn was made into a movie starring Nicole Kidman.


Information from: Portsmouth Herald, https://www.seacoastonline.com

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