Judge asked to reconsider release of murder weapon in Pamela Smart case

[ioman2]

http://www.unionleader.com/Judge-as...eapon-in-Pamela-Smart-case&template=mobileart

Judge asked to reconsider release of murder weapon in Pamela Smart case

By JAMES A. KIMBLE
Union Leader Correspondent

• Judge denies release of murder weapon in Pam Smart case

BRENTWOOD — A judge may reconsider whether to release the murder weapon used to kill Pamela Smart’s husband in 1990, a handgun prosecutors say remains a key piece of evidence.

The father of Vance Lattime Jr. wants the state to give back his .38-caliber revolver he turned in to Seabrook police in June 1990 when he heard it may have been used to kill Gregory Smart.

Attorney Mark Stevens, who is representing Lattime Sr., asked Judge Andrew Schulman to reconsider his decision not to release the handgun. Schulman agreed with state prosecutors last month that the gun should be kept by the state because Pamela Smart is still trying to overturn her 1991 conviction.

She was convicted of accomplice to first-degree murder for having William Flynn, her teenage lover, kill her husband, Gregory, in May 1990. Lattime Jr., who provided the handgun and getaway car, was convicted alongside two other of his high school friends for helping carry out the murder at Smart’s condo in Derry.

Stevens argued that the state did not provide “any rationale” for wanting to keep the weapon. He maintains that while Smart can seek a pardon every three years from the governor, it’s unlikely that the state would ever need the gun again to use as evidence.

“The governor has no constitutional or legal power to order a new trial,” Stevens said in the motion.

Senior Assistant Attorney General Jeffery Strelzin suggested in court papers that Smart could still raise new challenges in her case that would bring the gun back into play.

“An application for a pardon could raise a myriad of issues and claims in support of her pardon request,” Strelzin, chief of the homicide unit, said in court papers. “Those issues and claims could involve new matters not previously raised at trial and could involve new claims based on subsequent scientific evidence and forensic testing.”

Strelzin did not oppose releasing the gun holster and ammunition to Lattime Sr. after Stevens noted that there was no objection to it earlier. Stevens is asking Schulman to have a hearing on the gun if he is not inclined to release it back to Lattime Sr.

[email protected]

 

[Rob Boudrie]

Few things annoy the government as much as having to return a gun to a subject.

 

[Len-2A Training]

Few things annoy the government as much as having to return a gun to a subject.

Very true.

Using the excuse that if someone requests a pardon . . .

“An application for a pardon could raise a myriad of issues and claims in support of her pardon request,” Strelzin, chief of the homicide unit, said in court papers. “Those issues and claims could involve new matters not previously raised at trial and could involve new claims based on subsequent scientific evidence and forensic testing.”

. . . would mean that NO EVIDENCE of any crime should EVER be released until all parties are deceased, after all if the above is true wrt the gun it is also true regarding all other evidence as well.

 

[Palladin]

that a Rossi?

 

[drgrant]

that a Rossi?

Looks charter-ish.

-Mike

 

[Asaltweapon]

I remember somehow a Charter Arms being used. There was a lot of talk and it was a long time back.

 

[slap shot]

Sucks to be him. Son uses your gun to murder someone. Then you can't even get the damn thing back.

 

[Asaltweapon]

Sucks to be him. Son uses your gun to murder someone. Then you can't even get the damn thing back.

Sucked even worse for the victim.

 

[MAGG]

Sucks to be him. Son uses your gun to murder someone. Then you can't even get the damn thing back.

i hear ya...but I am not even sure I would want my gun back if it was used to kill someone...bad juju

 

[weehooker]

Really? Spending $200/hr on a lawyer to ask the court to return a $69 POS revolver?
Move along, there is nothing to see here.

 

[jkelly1229]

i hear ya...but I am not even sure I would want my gun back if it was used to kill someone...bad juju

Someone that needed killing I doubt I'd care much. Some poor Schlub who's skank of a wife is porking a high schooler nah the state can keep that thing.

- - - Updated - - -

O obligatory what's his nes name

 

[pastera]

Really? Spending $200/hr on a lawyer to ask the court to return a $69 POS revolver?
Move along, there is nothing to see here.

Might be worth more than that to the right collector...

 

[robjax]

they don't need the gun. She was convicted. Nothing about that is going to change the fact that he was shot and that is the gun. It's already documented and really cannot be disputed at this point or they would have used that on an appeal by now. .

 

[Len-2A Training]

Sucks to be him. Son uses your gun to murder someone. Then you can't even get the damn thing back.

IIRC MGL mandates that a gun used in a crime must be destroyed after the trial. We punish the object (but not if it is a car, etc.) instead of the perp in MA!

i hear ya...but I am not even sure I would want my gun back if it was used to kill someone...bad juju

Really? Each to their own but I'm sure that there is significant blood on my K98s, M1s, MN91/30s, MN44s, etc. I still sleep well at night.

they don't need the gun. She was convicted. Nothing about that is going to change the fact that he was shot and that is the gun. It's already documented and really cannot be disputed at this point or they would have used that on an appeal by now. .

It's just an excuse to punish the gun for the crime.

 

[caboose84]

Necro thread revival-

Last year Pamela Smart finally lost her last avenue of legal appeal.

After 30 years of denying any involvement in the murder, claiming innocence except for having an affair with the kid, she now states "she has to face her responsibility".

Pamela Smart, serving life, accepts responsibility for her husband's 1990 killing for the first time

For the first time, inmate Pamela Smart has accepted full responsibility for plotting with her teenage student to have her husband killed in 1990.

apnews.com

Since her only way out is to have her sentence commuted, she wants to meet the governor and argue that she should be freed.

Utter bullshit, she has long said she doesn't want to die in prison, so now she states she "accepts responsibility" aka the weasel way of dodgin her guilt.

She has tried the commutation argument before (I'm innocent and the killers are out already) and been denied.

She can rot.

 

[whacko]

Necro thread revival-

Last year Pamela Smart finally lost her last avenue of legal appeal.

After 30 years of denying any involvement in the murder, claiming innocence except for having an affair with the kid, she now states "she has to face her responsibility".

Pamela Smart, serving life, accepts responsibility for her husband's 1990 killing for the first time

For the first time, inmate Pamela Smart has accepted full responsibility for plotting with her teenage student to have her husband killed in 1990.

apnews.com

Since her only way out is to have her sentence commuted, she wants to meet the governor and argue that she should be freed.

Utter bullshit, she has long said she doesn't want to die in prison, so now she states she "accepts responsibility" aka the weasel way of dodgin her guilt.

She has tried the commutation argument before (I'm innocent and the killers are out already) and been denied.

She can rot.

Yes sir.

She waited till all possible appeals were exhausted claiming innocence now she says she's responsible.....and wants the governor to let her out.

Sunnunu sould tell her to get f***ed....and I mean use those exact words.

As for as the killers already being out of jail
......they were all minors.....and were coerced by her depraved actions.

 

[Dennis in MA]

I'm not sure I recall that she was 22 when it happened. Damn. She looks pretty rough for 56. I guess prison isn't good for you.

I recall her back then - I think I coulda been succumed and coerced at least 3-4x a day by her. LOL. (Granted, her hair back then did NOT age well to 2024. LOL)

 

[pastera]

A lot less guilty back then

 

[caboose84]

Yes sir.

She waited till all possible appeals were exhausted claiming innocence now she says she's responsible.....and wants the governor to let her out.

Sunnunu sould tell her to get f***ed....and I mean use those exact words.

As for as the killers already being out of jail
......they were all minors.....and were coerced by her depraved actions.

She had also tried to get the NH Supreme Court to force the Governor's Council to hear her request for clemency, and they declined. I think the "responsibility" game is just another attempt for sympathy.

 

[caboose84]

I'm not sure I recall that she was 22 when it happened. Damn. She looks pretty rough for 56. I guess prison isn't good for you.

I recall her back then - I think I coulda been succumed and coerced at least 3-4x a day by her. LOL. (Granted, her hair back then did NOT age well to 2024. LOL)

She got the shit kicked out of her by a couple of dykes who believed she had ratted them out to the guards- apparently she has a plastic cheekbone for a replacement.

 

[whacko]

She got the shit kicked out of her by a couple of dykes who believed she had ratted them out to the guards- apparently she has a plastic cheekbone for a replacement.

Good.

 

[ralphs]

IIRC MGL mandates that a gun used in a crime must be destroyed after the trial. We punish the object (but not if it is a car, etc.) instead of the perp in MA!

Does this mean Karen can get her Lexus back?

 

[Rob Boudrie]

. . . would mean that NO EVIDENCE of any crime should EVER be released until all parties are deceased, after all if the above is true wrt the gun it is also true regarding all other evidence as well.

Simetimes it does work that way.

A friend of mine had an Ed Brown 1911 stolen from an apartment in Framingham.

Leaving out the middle part of the story, the final chapter starts with a call from a NYC ADA - "Good news Mr. X, the subject arrested with your gun got shot 8 times with a 45 while out on bail, we can return your gun since we no longer need it as evidence". The later was not as easy as hoped, but he did get the gun back.

 

[rewster]

She got the shit kicked out of her by a couple of dykes who believed she had ratted them out to the guards- apparently she has a plastic cheekbone for a replacement.

Too bad they couldn't do the job right !!!!