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February 15, 2008

Derry: Triggerman in Smart case will stay in prison

By James A. Kimble

BRENTWOOD — The shooter in the Pamela Smart murder case will remain behind bars at least for another eight years, a judge decided on Feb. 12.

The decision dashes the hope of early release for William Flynn, 33, who is serving 28 years to life for killing Gregory Smart, 24, of Derry in May 1990.

Flynn asked a judge to suspend his minimum sentence after spending 17 years in a Maine state prison on a charge of second-degree murder. Flynn shot Gregory Smart in the head inside Smart's condominium while a friend, Patrick Randall, held a knife to Smart's throat.

Flynn turned into a star witness against his former lover, Pamela Smart, who orchestrated the execution-style killing of her husband. As part of his plea agreement, prosecutors dropped a first-degree murder charge against Flynn, who was 16 at the time of the killing.

Judge Kenneth McHugh, who sentenced Flynn in 1992, wrote in his latest decision that Flynn knows his prison term has not been long enough.

"After seeing and hearing the expressions of hurt and anger from the Smart family at the hearing, the court suspects that even Mr. Flynn, in the deep recesses of his soul, would agree," McHugh wrote.

Flynn was one of four teens who participated in the execution-style killing of Gregory Smart. Pamela Smart is serving a life sentence with no possibility of parole. Two of the teens who waited in the car — Vance Lattime and Raymond Fowler — were paroled in recent years.

Randall remains in prison for going into the home with Flynn and holding a knife to Gregory Smart.

Gregory Smart's father, Bill, said at a hearing last month he might entertain supporting Flynn's release when he turns 40.

McHugh appeared to agree with that decision, but didn't mention Bill Smart's remark specifically. McHugh barred Flynn from reapplying for early release through the court, but clipped three years off his minimum sentence. Flynn's lawyer, Cathy Green, submitted dozens of letters written by prison officials and leaders of nonprofit groups he worked for.

Flynn had the option of applying for early release seven times since 1992, but last month's bid was his first. He will now have to serve 25 years in prison before applying for parole. He will be around 40 years old.

Bill Smart said his family still suffers from how Flynn murdered his son.

"He was grabbed by the back of the head, a knife stuck to his throat, and he was shot execution style through a pillow to muffle the sound," Bill Smart said. "He was rookie of the year in the insurance business for all of New England. Today, he'd probably be a CEO at some company."

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