PETITION FORM AND MATERIALS IN SUPPORT OF PAMELA SMART’S PETITION FOR COMMUTATION OF SENTENCE Date February 26, 2018 FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP Robert E. Juceam One New York Plaza New York, New York 10004 (212) 859-8000 Of Counsel: Amelia Gordon Matthew Joseph Katherine St. Romain 801 17th Street, NW Washington, DC 20006 (202) 639-7000 TABLE OF CONTENTS Tab I. Pardon Petition Form and Supporting Letters ...........................................................1 II. Memorandum in Support ..........................................................................................2 III. Appendix A – Letters & Signatures of Support .........................................................A IV. Appendix B – Pamela Smart Achievements & Certifications ...................................B V. Appendix C – Governors’ Recent Life-Without-Parole Commutations ....................C VI. Appendix D – Steve Cain & Associates, Tape Lab Report .......................................D VII. Appendix E – Exhibits to the Memorandum………................................................. E INFORMATION REQUIRED WITH PARDON PETITION Full Name: _____________________________________________________________________Pamela A. Smart Residence: _____________________________________________________________________Bedford Hills Correctional Facility for Women, 247 Harris Rd, Bedford Hills, NY 10507 (Street) (Town or City) Date of Birth: ___________________________August 16, 1967 (age: 50) Marital Status: Are you married? ________________________________________No How many children do you have? ___________________________None Give their ages: _________________________________________N/A Employment Summary: (List your last three employers, the period of time during which you worked for each employer, and the nature of your work.) 1.________________________________________________________ N.H. School Administrative Unit 21: Director of Media Services (1989-1990) ________________________________________________________Oversaw media services for eleven schools 2.________________________________________________________ Florida Bureau of Motion Pictures & Television: Promotions and Development of________________________________________________________ Media Projects ________________________________________________________3. WVFS FM: Promotions Director and On-Air Disc Jockey What is your educational ________________________________________________________Master of Fine Arts, English Literature, Mercy College (Summa Cum Laude 2003) background? Master of Science in Law, S. California University for Professional Studies (Summa ________________________________________________________Cum Laude 2001); Bachelor of Science, Communications, Florida State U. (Magna Cum Laude 1988). Criminal Record: (List all felonies and misdemeanors (including traffic offenses) for which you have been convicted with the place, date, and disposition of each offense.) ________________________________________________________Accomplice to First Degree Murder (Rockingham County, March 22, 1991) ________________________________________________________Life without parole ________________________________________________________Conspiracy to Commit Murder (Rockingham County, March 22, 1991) ________________________________________________________7.5 - 15 years (served) ________________________________________________________Tampering with a Witness (Rockingham County, March 22, 1991) ________________________________________________________3.5 - 7 years (served) - 2 - Give a brief statement of the reason why you want a pardon.(Seeking clemency as to my sentence for being an accomplice.) Please see the attached documents which I incorporate as part of this Petition. I am not eligible for annulment. The attached consists of: 1. My letter to Governor Sununu with a supporting letter from Robin Swope; 2. A memorandum in support of my petition; 3. Over 200 testimonial letters written since 2000, and signatures supporting my request for clemency from New Hampshire residents and others; 4. Certificates and other documentation of my activities and achievements while incarcerated at Bedford Hills; 5. A summary of pardons and favorable clemency decisions by governors of States, other than New Hampshire, granting relief from life without parole sentences; and 6. A forensic report analyzing problems with the tapes used by the prosecution at my trial. NOTE: The following information must be provided for ALL convictions for which you seek a pardon; stating “All NH Convictions,” “All Convictions,” or the like, is not adequate. Attach additional pages as necessary. Give name of the offense for which a pardon is sought: ___________________________________Accomplice to First Degree Murder Date of the offense: _______________________________________________________________May 1, 1990 Town or city where offense occurred: ________________________________________________Derry, New Hampshire In which court were you convicted? __________________________________________________Superior Court, Rockingham County (NH) What was the name of the judge? ______________________________________________Judge Douglas Gray Who prosecuted the case for the State? __________________________________________AAG Paul Maggiotto What was your plea? ________________________________________________________Not guilty What was the date of your conviction? ________________________________________________March 22, 1991 What sentence was imposed by the court? _____________________________________________Life without parole Were you represented by an attorney? ________________________________________________Yes If so, what was that attorney’s name? ___________________________________________Mark Sisti, Paul Twomey List all facilities in which you have been incarcerated on this conviction? ____________________New Hampshire State Prison for_________________________________________________________________________ Women (8/1/1991 - 3/11/1993); Bedford Hills (NY) Correctional Facility for Women (3/11/1993 - present) Are you presently incarcerated? _____________________________________________________Yes If so, where? ______________________________________________________________Bedford Hills Correctional Facility for Women What is your present minimum parole eligibility date? _____________________________Not eligible for parole Bedford Hills Correctional Facility Bedford Hills, New York December 12, 2017 Hon. Christopher Sununu State House 107 North Main Street Concord, NH 03301 Dear Governor Sununu: I am writing to humbly request your mercy and compassion. Without Executive intervention, I will die in prison. In 1990, when I was 22 years old, I made the worst mistake of my life and briefly became romantically involved with Bill Flynn, whom I got to know when we were both facilitators and volunteers in Project-Self-Esteem. That one horrible choice led to catastrophic consequences that I never could have imagined. By far, the most tragic of these was that Mr. Flynn admitted to murdering my 24-year-old husband, Gregg. Although I never wanted, nor asked, Mr. Flynn to murder Gregg, I will forever carry the blame and guilt. I know my poor judgment in having that relationship set into motion a series of events that ultimately resulted in Gregg’s death. That is a weighty burden I carry, and there is not a day that goes by where I do not feel the heaviness of Gregg’s tragic loss – on my heart and in my mind. As such, I have spent almost three decades accepting my own responsibility in this tragedy and seeking to understand how it came to be. My decision to become involved with Mr. Flynn has been frozen in time and used ever since to define my entire character. I have been vilified, ridiculed, and sensationalized by a scandal-thirsty media. I have been reduced to my worst mistake and publicly branded with a mark of shame forever. In the midst of this hate-filled distorted media frenzy, at age 22, I was tried, convicted, and sentenced to spend the rest of my life in prison, without any possibility of parole. This was because of the mandated legislative sentence where no Judge or jury could consider my sentence in light of all the circumstances. After serving two years at Goffstown, I additionally now have spent almost 25 years in a maximum-security prison in New York, far from my family, friends and community. The two people who forced Gregg to his knees in our home with a knife to his throat when I was not there and stood over him as he was shot in his head are now both free on parole, as are others who played a role in Gregg’s murder. During my incarceration, I have suffered life-changing events that have left permanent scars on my mind, body, and soul. I have been constantly singled out and harassed, and severely beaten, by other inmates to the point where I had to have my face cut open so a plastic plate could be inserted in my bone. I have a permanent loss of feeling in the left side of my face. Daily pain medication will be required as a result of the injury for the rest of my life. A constant and acute throbbing pain is a daily reminder of the assault, as well as the public image into which the media has cast me. I was also sexually assaulted by a prison guard, an experience that left Hon. Christopher Sununu December 12, 2017 Page 2 me with continuing emotional scars and in fear of his threat to kill my parents if I did not remain silent. There were many times when I have felt it would be easier just to give up and die. Yet, during those times,