Overview
- Smart’s legal team filed habeas petitions Monday in New York, where she is imprisoned, and in New Hampshire, where her husband was killed.
- Her lawyers say prosecutors gave jurors transcripts that included words not audible on tapes, citing “killed,” “busted,” and “murder,” and they point to research on transcript-driven expectation bias.
- The petitions assert the verdict was compromised by pervasive media coverage, faulty jury instructions, and a defense strategy that effectively forced acceptance of guilt on a charge.
- They also argue her life-without-parole sentence for accomplice liability was imposed contrary to New Hampshire law at the time.
- New Hampshire officials declined detailed comment beyond stating the trial was fair and the convictions were lawfully obtained, while prior requests for a sentence reduction or clemency were denied.