Corrections
This is the area where we will set the record straight and let the truth be known.
1. Cecelia Pierce was not an emancipated minor when the state of NH used her as a vehicle to wiretap Pamela. Also, parental consent was missing on one of the wiretap forms. On the witness stand Pierce stated she knew in advance of the impending crime, but was given immunity to testify. She was also under a $100,000.00 contract with "Once Upon A Time" movie company when testifying.
2. The wiretaps (tapes) were of such poor quality William Smart, Greg's Dad, pulled his headphones off and shouted in court, "I can't hear these damned things." (Neither could her family, as the quality was so poor). The judge had given Greg's parents, Pam's family, the prosecution, the defense, Pamela, and the jurors only headphones to listen. The quality was extremely poor due to static, talking over each other, etc.
3. Because the tapes were of such poor quality, Judge Gray decided to present the jury and the press with a typewritten version of the tapes. The price was $15 for one copy or $25 for two. Pam's mother remembers vividly voicing her disgust at this and shortly thereafter the "sale" ceased. (NOTE - It is very easy to substitute words to make what you think would be sense in a sentence at times when one is working from Dictaphone tapes). Surely when ones' life is at stake you would think authenticity is crucial but not in Judge Gray's courtroom, unfortunately.
4. The states' expert witness, Robert Halverson, (from Connecticut) a former government Watergate investigator, was extremely nervous, gulping water continuously during his testimony. When questioned by the defense as to the authenticity of the tapes his response was, "no one asked me to." (authenticate them). At this point the defense thought they would be thrown out, but it was not to be.
5. Pam and her mother went numerous times to the Derry Police Station, at their request, before she had counsel, with samples of her head hair, pubic hair, and dog hair, always cooperating and willing to give statements. Unbeknownst to them, the police were preparing a case against her. All of this was done without Pam being advised of her Miranda Rights. Pam was led to believe that she was helping to solve Greg's murder. In fact, the night of Greg's murder, she and her mother were at the Derry police station until 4:30 a.m. giving statements. They kept telling her to go home and she kept stating she wanted to help find who did this to Greg.
6. Pam was very distraught during the time and sought professional help. Mrs. Wojas remembers meeting with the Doctor. and he recommending that she be admitted to the Portsmouth Pavilion, a psychiatric facility. They went there and it frightened her mother very much. Mrs. Wojas advised her to come home and live with them instead, which she did. The Doctor. put her on Prozac, on a much higher dose for her small frame than her mother thought she needed. It was while on that high dose of Prozac (50 mg?) that she was wire tapped and thus sounded very manic. None of this medical information was ever entered in court. Two of those Doctors visited with her and remained friends with her during her two years of incarceration in NH before she was moved to New York. They both stated they would help with their testimony.
7. Several years ago (Mrs. Wojas has a newspaper clipping of the same) the State of NH attempted to DESTROY all the evidence in her case. Pam insisted, and through her attorney J. Albert Johnson, filed a Motion to save it. What were they were trying to destroy? And why were they trying to destroy it?
8. Attorney General (at the time) John Lyons, who later became the prosecutor, was the "impartial magistrate" who signed the consent to wiretap form. He testified at the suppression hearing. There is case law on this exact issue in another NH case. Certiorari was granted by the U.S. Supreme Court, Mr. Justice Stewart held that warrant issued upon determination of probable cause by chief enforcement agent of state, the Attorney General, who was actively in charge of investigation and later was to be key prosecutor at trial was invalid. See Edward H. COOLIDGE, Jr., Petitioner v. New Hampshire No. 323. 91 S.Ct. 2022 29 L.Ed.2d 564 (Cite as: 403 U.S. 443, 91 S.Ct. 2022).
9. Mrs. Randall was given a deal by the prosecution despite the fact that she withheld and then destroyed evidence in the case. The pillow case filled with goods stolen by her son, Patrick Randall (a/k/a "Pete") the night of Greg's murder. (He was in the house with Bill Flynn and according to testimony, held the knife to Greg's throat).
10. Flynn is left handed and taller than Randall who is right handed. From the results of the autopsy, the angle of wound doesn't coincide with their story. It would more likely seem that Randall killed Greg, not Flynn, but of course that wouldn't involve Pamela (he had no "history" with her) so they lied about what really happened. Under oath, Randall stated he wanted to be a "hired assassin"....nice.... Also, because they were juveniles, all their bad juvenile records were not exposed. Randall beat his stepfather with a baseball bat so brutally he was sent to a juvenile facility investigations revealed. All three admitted to attempting to sell the stolen goods on Seabrook beach for cocaine the night of Greg's murder.
11. The State of New Hampshire went to the New Hampshire State Prison for Women (in Goffstown, NH) where Pamela was being held prior to the trial, requesting "anyone with information regarding Pamela Smart step forward for reduction in sentences." (as stated by former inmates). Two inmates did just that. Marianne Moses and Diane Cullen appeared in court pre-trial. Newspaper headlines Moses stated Pamela asked her for a "hit person to get rid of Cecelia Pierce".......all without credibility but of course the damage was already done. Pamela was already tried and convicted in the press eight months before she ever stepped into a courtroom.
12. Juror Karen Sicard made tapes while in her bathtub each night during the trial. After the trial she attempted to sell them to Atty. Johnson's office for $25,000.00. She stated to a friend she met in the grocery store during the trial "we've had a bad winter financially" and would sell the tapes after the trial. As a juror, was she focused on finding the truth or seeking monetary gain? Her tapes are very compelling, she states "I felt like a bug in a glass jar, the media is everywhere, it's like ground zero, it's a pain in the ass" "the cameras are right up against the windows of the bus" referring to media on the bus visit w/jurors to the condo.
13. Juror Alex Beckett wrote an article and was paid by the Boston Globe which appeared the day after the trial.....he stated "her whole community was against her, we could feel the weight of the world awaiting our decision." Question: how did he know everyone was watching if he was refraining from viewing news reporting? And when did he write his article to have it published so quickly? Was he already under contract with the Globe as a juror?
14. Despite being notified (The family has a copy of the dated/stamped received by the AG) that Pamela was represented by counsel, the state wiretapped her regardless, which was in direct violation of the 4.2 Rule of Professional Conduct for NH lawyers. Mrs. Wojas went to that hearing and testified. The family also has that court transcript.
