Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, March 10, 1991 TAG: 9103100133
SECTION: NATIONAL/INTERNATIONAL PAGE: A2 EDITION: METRO
SOURCE: FRANK BAKER ASSOCIATED PRESS
DATELINE: EXETER, N.H. LENGTH: Medium
"It was all I could do to stop myself from going across the courtroom, grabbing this boy and beating him," Smart said. "I couldn't stand it."
Just before Randall's chilling account, Smart's wife, Judith, ran crying from the courtroom. Smart followed her, and a recess was ordered.
So went the start of testimony in the murder-conspiracy trial last week in which the defendant is the Smarts' own daughter-in-law.
Prosecutors say Pamela Smart, a 23-year-old schoolteacher, persuaded Flynn, her 16-year-old student and alleged lover, to murder her husband of less than a year. Flynn in turn enlisted the help of his two best friends, Randall, 17, and Vance Lattime, 18.
Gregory Smart, 24, was found dead, a single gunshot wound to his head, on May 1. Prosecutors say Pamela Smart told the teens to make the murder look like a botched burglary, and encouraged them to take jewelry and stereo equipment from the condominium.
According to police affidavits, Pamela Smart wanted out of her marriage but was afraid she would lose everything in a divorce.
William Smart said the trial, and the detailed media coverage of it, are an emotional trauma for his family. He said he and his wife are taking anti-depressant drugs and seeing psychiatrists.
"We're having a terrible time with this, and it's getting worse," he said in a telephone interview. "We've tried. We may look like we're strong but we're getting weaker by the day."
The three teens have admitted to the crime, and agreed to a plea bargain that will have them spend 18 to 28 years in jail, more if they misbehave. Randall and Lattime already have testified against Pamela Smart, and Flynn is expected to take the stand this week.
William and Judith Smarts' emotional torment contrasts with the lack of emotion the two have displayed while talking about the murder.
While on the stand, Randall matter-of-factly described how Gregory Smart begged for his life as Randall forced him to his knees and demanded his wedding ring.
"He told me he wouldn't give it to me because his wife would kill him," Randall said.
Lattime, who drove the getaway car, testified that as the three left the murder scene, they sang and Flynn laughed.
William Smart says he "can't fathom" the seeming lack of remorse.
"I don't know how anyone can kill someone and get in a car and sing a song," he said.
Ellen Cohn, a University of New Hampshire psychology professor, had two possible explanations for the emotionless testimony. One is that the witnesses are psychopaths. The other is that they've been instructed by prosecutors to speak matter-of-factly to seem more credible to the jury.
Juries normally believe eyewitnesses, but might not in this case, she said.
"There's probably a lot of dislike for them in the jury because they admitted to the crime," she said.
William Smart said he loathes the boys, but believes them.
"These boys are not smart enough to have planned this. They were manipulated," he said.
Smart and his wife attended every pretrial hearing and all of the first week's testimony. He said the emotional strain may force them to stop, but he hopes not.
"I don't want to miss anything," he said. "We're angry and we want the truth."
by CNB