Keene Equinox

Issue date: 4/20/06 Section: Justice in New Hampshire

Media Credit: AP Patrick Randall testifying against Pam Smart during her trial for the murder of her husband, Greg Smart.

From the witness stand, Patrick Randall announced his life ambition was to be a "professional hit man," according to many key players in the trial. We have heard the story of Pam Smart, but how much have we been told about the four teens that surround the actual murder?

Throughout the journey to find the truth behind the Smart murder, there have been many roadblocks. Record after record has been denied by the state of New Hampshire. The state's excuses are that the records are sealed, that the case is still open, or that they are not open to the public.

It is believed that if the juveniles' records of the boys were released there would be evidence to suggest William Flynn was not the man behind the gun.

Mark Sisti, Pam Smart's defense attorney at the time of the trial, said the files "should not be sealed files…don't see why they would withhold them." Sisti did not move to seal any records, nor has anyone else to his knowledge. He states that the juvenile delinquency records "paled in comparison" to adult records.

Northhampton's Chief of Police, Brian Page, was pressed about his knowledge on the topic and initially said it would take a judge's order to obtain them. He later replied, "Honestly, I don't have anything on those kids. Nothing in the computer."

In a phone interview with Lieutenant Bryon, of Derry Police Department, he stated that Hampton District Court would have the juvenile records. In a written letter Byron states that, "These records are protected."

In response to New Hampshire's Right to Know Law, Freedom of Information or FOI, the clerk of court from Derry District Court writes, "The requests for information on these juvenile cases have been denied. All juvenile matters are confidential." Juvenile records in New Hampshire have been sealed since 1982, and cannot be released under the N.H. Right to Know Law.

In an interview with Jeff Strelzin, senior assistant attorney general, he was asked why juvenile records are closed when a person is certified as an adult. He said, "Can't think why. If a juvenile is certified as an adult, they [files] would be open."

Paul Maggiotto, the prosecutor in Pam's trial, said "the first thing was to have the boys certified as adults." He said to do that, "…have to have a hearing, it's a complicated process." His request was based on "seriousness of the crime and maturity of the juveniles," he said.

Continued...

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