CONCORD - Pamela Smart continues her pursuit of freedom while serving a life sentence without the possibility of parole for planning the murder of her husband.

Merrimack County Superior Court Judge James Kennedy must now decide whether her arguments about inaccurate transcripts biasing the original 1991 jury can advance.

Smart, now 58 and incarcerated in a New York women's prison, participated in Monday's hearing via video. Her attorneys assert that a scientific analysis of the transcripts and audio demonstrates how errors in the trial materials unfairly influenced the jury against her.

“These transcripts misleadingly led the jury to perceive Ms. Smart making statements of guilt that were not actually in the audio,” attorney Matthew Zernhelt stated in her petition.

During the hearing, Zernhelt explained to Kennedy that the study, involving audio, transcripts, and control groups, highlights how the trial evidence fostered a cognitive bias leading jurors to convict Smart.

“There is no definitive truth regarding the content of those tapes,” Zernhelt remarked.

However, attorneys from the New Hampshire Attorney General’s Office seek dismissal of Smart’s habeas corpus petition, citing lack of evidence for cognitive bias claims. They note that study materials have not been fully shared with the State, and the petition itself contains indications that jurors were not swayed by the transcripts, according to Assistant Attorney General John Drennan.

Post-conviction statements from jurors revealed they did not consider the transcripts entirely accurate and often referred back to the audio recordings.

“It seems [Smart’s] own submission would indicate that jurors were cautious and aware of potential issues with the transcripts,” Drennan observed.

Kennedy will review the State’s motion to dismiss and issue a decision within 30 to 60 days.

In 1990, at age 22 and serving as media coordinator at Winnacunnet High School, Smart engaged in an affair with 15-year-old student Billy Flynn, whom she persuaded to kill her husband, Gregg Smart. This sensational case inspired a popular novel adapted into the film To Die For, featuring Nicole Kidman.

Flynn, influenced by Pamela Smart, entered the couple’s Derry apartment and fatally shot Gregg Smart in the head. He later testified against her. Smart attributed the crime to Flynn and has long denied involvement. Flynn was freed in 2015 after 25 years. The two other teens involved have also been released.

Pamela Smart was attending a meeting and absent during the murder. She was found guilty as an accomplice.

Her attempt to force a commutation hearing via the Governor and Executive Council was rejected by the state Supreme Court in 2023.

Last year, Smart sought release by appealing to Gov. Kelly Ayotte and the Executive Council. In a supporting video, she described how a writing class led by Vagina Monologues author Eve Ensler aided her in accepting responsibility.

“She urged us to explore deeper into areas we avoided,” Pamela Smart said. “It was in those areas that I acknowledged my role in my husband’s murder, something I had long resisted.”

The 2024 video from Bedford Hills Correctional Facility in New York showed Smart requesting an open discussion with the Executive Council about her time in prison, her acceptance of guilt, and any questions they might have, either remotely or in person.

Ayotte declined Smart’s request for a hearing last year.

“Individuals who commit violent acts must face legal consequences. I carefully consider pardon hearings and reserve them for extraordinary cases. After examining this matter, I concluded it does not warrant a hearing before the Executive Council,” Ayotte stated.