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Dec 17, 2015 9:50 AM

Gun used to kill Pamela Smart's husband in 1990 remains as evidence, not returned to owner

BRENTWOOD — The gun used to kill Pamela Smart's husband will not be returned to its original owner after a judge said the murder weapon remained a key piece of evidence in any appeal.

According to the Union Leader, Judge Andrew Schulman denied a request by the father of Vance Lattime Jr., agreeing with state prosecutors who maintained that evidence needed to be preserved in case Smart appeal her conviction.

“No one can predict the future when it comes to potential legal action by a defendant serving a life-without-parole sentence,” Senior Assistant Attorney General Jeffery Strelzin said in an objection.

Smart has spent more than two decades trying to overturn her life-without-parole sentence in the May 1990 killing of her husband, Gregory. She pressured William Flynn, her teenage lover, to commit the murder, and Lattime Jr. supplied the gun, which he stole from his father

Lattime Sr. has been seeking the return of the gun from the state since 2011, according to an affidavit filed in court.

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