AP file photo

Mar 30, 2016 12:12 PM

NH judge: Owner can take back gun used to kill Pamela Smart's husband

The Associated Press

BRENTWOOD (AP) — A New Hampshire judge has ruled that the gun used to kill Pamela Smart's husband, Gregg, in 1990 will be returned to its owner.

The Portsmouth Herald reports Rockingham Superior Court Judge Andrew Schulman ruled this month that Vance Lattime Sr. is entitled to have his Charter Arms .38-caliber revolver returned.

Prosecutors say the gun was stolen by Vance "J.R." Lattime Jr. so Winnacunnet High School classmate Billy Flynn could murder Gregg Smart in the couple's Derry home.

Pamela Smart, then a media coordinator at the school, convinced Flynn to kill her husband. The two were having an affair at the time.

Prosecutors argued the state should keep the firearm given Pamela Smart's history with seeking parole. Schulman says the revolver wouldn't be needed in any potential appeal scenarios.

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