By PAULA TRACY and NANCY WEST, InDepthNH.org
CONCORD – Attorney Mark Sisti asked the state Supreme Court Tuesday to order the Executive Council to hold a full hearing on Pamela Smart’s commutation petition – and provide her with at least a little hope.
Laura Lombardi, representing the state Attorney General’s Office, argued the state Supreme Court lacks jurisdiction to do so.
And friends of Smart, who was convicted of conspiracy to commit murder in the June 1, 1990 shooting death of her husband Gregg Smart, some who served many years in prison with her, attended the court hearing to also provide Smart with some hope.
The Executive Council has turned down Smart’s request for a commutation hearing three times.
“I’m asking this Court – the only place Pam can go – to say just do your job,” to the Executive Council, Sisti told the four justices. Chief Justice Gordon MacDonald recused himself.
Other crimes have determinate sentences, people get out of prison eventually, Sisti said.
“Life without parole in essence they are civil death penalty sentences…I have no avenue here…. There is no other remedy,” than the state Supreme Court, Sisti said.
People are constitutionally guaranteed that, “We’re not going to exterminate our citizens. We’re not going to have them languish in prisons to die without hope,” Sisti said.
Sisti said he has tried to represent Smart before the Governor and Executive Council three times, the most recent on March 23, 2022.
“The Governor and Council gave Pam Smart 2 minutes and 34 second of their attention,” Sisti said.
When asked whether the many pages of documents submitted to the Executive Council by Smart and the state didn’t suffice, assuming the councilors read the documents.
“That’s a great question,” Sisti said, as to whether or not the five members of the Executive Councilors read the documents.
Sisti agreed the Governor and Council should be able to run their own show.
“But it has to be at least minimal due process…,” Sisti said pointing out that life without parole sentences are different.
Lombardi opened her argument: “This court lacks jurisdiction to review the actions by the Governor and Council in this case.
Justice Gary Hicks said, “How can you say that? We’re here talking about the actions. You’re saying we don’t have jurisdiction for you to stand here and argue?”
Lombardi: “Exactly.”
Hicks: “Would You like to leave?”
Lombardi said no, since the court has accepted the case.
Lombardi went on to say she was surprised that the state Supreme Court accepted the case because it is clear they have no jurisdiction. She said there is no constitutional argument in this case.
“The argument here is the procedure the Governor and Council must follow when considering a clemency petition,” Lombardi said.
She was asked if due process is a constitutional argument.
Lombardi said there is no due process right to any particular process with regards to a clemency application.
A friend of Smart’s from her own time in prison for many years also talked about hope in the state Supreme Court hallway Tuesday.
Vanessa Santiago of New York came to New Hampshire for the first time Tuesday to see that Pam Smart has a reason to “hope.”
Smart has served 32 ½ years of a life in prison sentence for being an accomplice to the murder of her husband in their Derry condominium when she was 22.
“We believe enough is enough,” said Santiago, who was wearing a T-Shirt reading the same with about eight other individuals who attended the proceeding in support of Smart.
She said Pam Smart feels remorse and that if she did not it would be apparent at the Bedford Hills Correctional Facility for Women in New York.
“The real self will come out in prison,” Santiago said, “There’s nowhere to hide.”
Smart has said she is sorry for the affair she had with William Flynn when he was 15, but denies orchestrating the murder that Flynn admitted to along with three friends from Seabrook. Flynn told jurors Smart coerced him into killing her husband.
Flynn and three others who carried out the shooting death of Gregg Smart, have all been released from prison on parole.
She said Smart helped her and gave her hope and support in many ways and has improved her life and the lives of many women with whom she has served time.
Santiago, 42, was released from a sentence for second-degree murder in March 2020 and has gone on to develop a business, giainc.org which helps furnish apartments. She said she has turned her life around with the help of Smart.
She said that Pam’s mother, Linda Wojas, was too ill to attend the hearing Tuesday.
Santiago said she feels everyone deserves to have hope.
After the hearing, she and Betsy Ramos said they thought attorney Mark Sisti hit the nail on the head when he told the court that Smart has to have hope.
Ramos said she served time as well with Smart and came to support her friend in her bid for commutation. Ramos said she served time for a crime she did not commit.