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May 15, 2017 2:38 PM

Pam Smart looks to obtain freedom as she fights jail infraction for having cake knife

BEDFORD, N.Y. — A woman convicted of coercing her teenage lover into killing her husband believes a cake knife may keep her from freedom.

"I have a chance at obtaining freedom and would like to ensure that all efforts are made to maximize that possibility, and absolving myself of these false and unjust allegations is hugely important in those efforts," Pam Smart wrote in an affidavit filed April 5.

Smart is spending life in Bedford Hills Correctional Facility in New York without the possibility of parole for her role in the murder of her husband, Greg Smart, on May 1, 1990.

She claimed that over the past several years she has initiated efforts to apply for a pardon by the Governor of New Hampshire, which would give her the chance to be released from prison.

READ: Sununu says he'll bring to council all pardon requests, including any petition from Pamela Smart in her husband's murder

However, Smart believes an infraction on her prison record could prevent the possibility of a pardon.

On Nov. 15, 2012, a corrections officer confiscated a cake knife from Smart's cell. Officials placed her in the Special Housing Unit and wrote a misbehavior report alleging that the possession of the cake utensil was illegal, the affidavit read. Officials in a disciplinary hearing sentenced Smart to six months in the SHU, which was reduced to 90 days following a re-hearing where officials found her guilty on a weapons possession charge.

"The hearing results were entirely unjust. I had been in possession of this utensil for many years and kept it in plain sight for all of those years. I never changed or manipulated the item in any way. The utensil underwent four searches prior to the search that resulted in its confiscation," Smart wrote in the affidavit.

The knife could allegedly only cut through soft cakes and did not have a serrated edge, according to Smart.

Smart added that "the Special Housing Unit was akin to torture." She claimed that guards only let her out one hour a day, allowed her to shower three times a week, limited human contact "inhumanely," never shut off corridor or cell lights, causing her to lose sleep, as well as not allowing her to call home or communicate with attorneys.

"Corrections officers in the Special Housing Unit also berated and humiliated me. They called me Buffy the Vampire Slayer and Jason, apparently finding humor in my physically and emotionally damaging ordeal," Smart wrote in the affidavit.

Smart filed a lawsuit against the New York State Department of Corrections and Community Supervision in November 2015, claiming the infractions of the case work to "improperly and unfairly" hinder Smart's efforts to be released from prison.

The Attorney General of New York filed a motion to dismiss Smart's amended July 26, 2016, complaint on Feb. 14, 2017, leading to the most recent affidavit from Smart stating opposition to the defendants' motion to dismiss.

READ: Pamela Smart complains about hygiene, solitary confinement in updated lawsuit

"I have been a model inmate throughout the time that I have been incarcerated. These infractions work to characterize me as dangerous and lawless. I have never been violent or intended to commit any acts of violence at BHCF. These offenses are simply wrong and unjust," Smart wrote.

Smart was the media coordinator at Winnacunnet High School in Hampton where she met the then-15-year-old Billy Flynn, who carried out Greg’s murder with help from three friends. Flynn and his friends have since been paroled from prison.

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