Infamous husband-killer Pamela Smart calls for review of 1991 conviction after prosecutor comes under fire in separate Brooklyn murder case
Infamous “To Die For” killer Pamela Smart is calling for a review of her 1991 conviction after it was revealed the prosecutor in her case had a separate murder conviction overturned in Brooklyn for failing to disclose key information to the defense.
Smart — a former New Hampshire high school worker serving a life sentence for enticing her 15-year-old lover to kill her husband — was prosecuted by Paul Maggiotto, who left the Brooklyn District Attorney’s Office in 1990 to practice in New Hampshire.
But last week, Brooklyn prosecutors asked a judge to toss Maggiotto’s 1989 murder conviction of a man named Gerard Domond after finding that the key witness in the case likely had a serious mental health issue that Maggiotto should have known about and revealed to defense attorneys.
After the Daily News connected Maggiotto to the Smart case in New Hampshire, her family and lawyer asked for state officials to look into her trial, which was broadcast on TV and inspired the 1995 movie “To Die For” starring Nicole Kidman.
“I don’t mean to sound jubilant about Maggiotto getting in trouble — but this is not good for him,” Linda Wojas, Smart’s 78-year-old mother told The News. “So many things were wrong and were in favor of the state. We’ve been up against a horrific situation. It’s really, really awful,” she added.
“I was very dismayed, I was shocked. I honestly couldn’t believe it when I first read [The News story]" about Maggiotto, Smart’s lawyer Mark Sisti said Tuesday.
Smart, then 23, was sentenced to life in prison in March 1991 after a jury found her guilty of being an accomplice to first-degree murder for convincing her teen lover Billy Flynn and three of his friends to kill husband Gregory Smart in 1990. The four underage boys pleaded guilty and cast the blame on Smart.
The 52-year-old maintains her innocence and is currently behind bars at Bedford Hills Correctional in New York.
Maggiotto did not immediately respond to calls requesting comment, but told indepthnh.org that he stood by the Brooklyn conviction of Domond.
“I didn’t intentionally withhold evidence. Is it possible that it didn’t get disclosed for one reason or another? The buck stops here. I’m the prosecutor in the case. I’ll accept that,” Maggiotto said.
