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Overview
Trial Lessons From the Infamous Case
In 1990, 24-year-old Gregg Smart was found shot to death in what initially appeared to be a botched burglary at the New Hampshire condominium he shared with his wife, Pamela Smart. As investigators dug deeper, they uncovered a sensational story involving an affair between Smart, a high school media coordinator, and a teenage student. Prosecutors alleged that Smart manipulated her teenage lover and his friends into murdering her husband so she could avoid a divorce and pursue the relationship. The case ultimately resulted in a conviction for conspiracy, accomplice liability, and witness tampering.
The trial became one of the first criminal cases in America to receive extensive gavel-to-gavel television coverage, transforming a local murder prosecution into a national media spectacle. Prosecutors relied heavily on cooperating witnesses, secretly recorded conversations, and circumstantial evidence to portray Smart as the mastermind behind the crime. The defense argued that the teenage perpetrators acted on their own and falsely implicated her to secure favorable plea deals.
This class examines the Pamela Smart prosecution as a case study in accomplice liability, witness credibility, plea-bargained testimony, media influence, and trial strategy. Participants will explore how prosecutors built a compelling narrative without direct evidence that Smart ordered the murder and how defense counsel attempted to counter a case fueled by publicity, emotion, and cooperating witnesses. The lessons remain highly relevant for litigators handling high-profile cases today. Register today!
This program is designed in conjunction with attorney Joel Oster, Comedian of Law and True Crime Podcaster.
Abbreviated Agenda
- Case Background
- The Prosecution's Theory: Creating a Mastermind Narrative
- Cooperating Witnesses and Plea Bargains
- Recorded Conversations and Witness Tampering Evidence
- Tactical Concerns of Media Coverage, Cameras in the Courtroom, and Jury Impact
- Key Moments During Trial
- Appellate Issues
- Lessons Learned From the Pamela Smart Murder
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
2 Total |
| Alabama CLE |
|
2 Total |
| Arkansas CLE |
|
2 Total |
| Arizona CLE |
|
2 Total |
| California CLE |
|
2 Total |
| Colorado CLE |
|
2 Total |
| Connecticut CLE |
|
2 Total |
| Delaware CLE |
|
2 Total |
| Florida CLE |
|
2.5 Total |
| Georgia CLE |
|
2 Total |
| Hawaii CLE |
|
2 Total |
| Iowa CLE |
|
2 Total |
| Idaho CLE |
|
2 Total |
| Illinois CLE |
|
2 Total |
| Indiana CLE |
|
2 Total |
| Kansas CLE |
|
2 Total |
| Kentucky CLE |
|
2 Total |
| Louisiana CLE |
|
2 Total |
| Maine CLE |
|
2 Total |
| Minnesota CLE |
|
2 Total |
| Missouri CLE |
|
2.4 Total |
| Northern Mariana Islands CLE |
|
2 Total |
| Mississippi CLE |
|
2 Total |
| Montana CLE |
|
2 Total |
| North Carolina CLE |
|
2 Total |
| North Dakota CLE |
|
2 Total |
| Nebraska CLE |
|
2 Total |
| New Hampshire CLE |
|
2 Total |
| New Jersey CLE |
|
2.4 Total |
| New Mexico CLE |
|
2 Total |
| Nevada CLE |
|
2 Total |
| New York CLE |
|
2 Total |
| Ohio CLE |
|
2 Total |
| Oklahoma CLE |
|
2.5 Total |
| Oregon CLE |
|
2 Total |
| Pennsylvania CLE |
|
2 Total |
| Rhode Island CLE |
|
2 Total |
| South Carolina CLE |
|
2 Total |
| Tennessee CLE |
|
2 Total |
| Texas CLE |
|
2 Total |
| Utah CLE |
|
2 Total |
| Virginia CLE |
|
2 Total |
| Vermont CLE |
|
2 Total |
| Washington CLE |
|
2 Total |
| Wisconsin CLE |
|
2 Total |
| West Virginia CLE |
|
2.4 Total |
| Wyoming CLE |
|
2 Total |
Select Jurisdiction
CLE
Agenda
-
Case Background
- The Murder of Gregg Smart
- Initial Burglary Theory
- Investigation Timeline
- Emergence of the Conspiracy Allegations
- Why the Case Became a National Phenomenon
-
The Prosecution's Theory: Creating a Mastermind Narrative
- Alleged Motive
- The Affair and Its Evidentiary Significance
- Accomplice Liability Principles
- Building a Conspiracy Case Without a Direct Order to Kill
- Themes Used in Opening Statement
-
Cooperating Witnesses and Plea Bargains
- Testimony From Billy Flynn and the Teenage Co-Conspirators
- Incentives to Cooperate
- Corroboration Challenges
- Cross-Examination Strategies
- Credibility Assessments by Jurors
- When Does a Cooperating Witness Help - or hurt - the Prosecution?
-
Recorded Conversations and Witness Tampering Evidence
- The Role of Confidential Informants
- Secretly Recorded Conversations
- Authentication and Admissibility
- Context versus Content
- Strategic Use of Recordings at Trial
-
Tactical Concerns of Media Coverage, Cameras in the Courtroom, and Jury Impact
- One of America's First Televised Criminal Trials
- Managing Publicity Before and During Trial
- Voir Dire Challenges
- Public Perception vs. Courtroom Evidence
- Modern Parallels to Today's High-Profile Prosecutions
-
Key Moments During Trial
-
Appellate Issues
-
Lessons Learned From the Pamela Smart Murder
- The Enduring Significance of the Pamela Smart Case
- Best Practices When Dealing With Cooperating Witnesses
- Managing Media Attention in High-Profile Litigation
Who Should Attend
This true-crime legal course is designed for attorneys. Paralegals and legal staff will also benefit.
Speakers
Speaker bio
Joel L. Oster
is a litigator, national speaker, podcaster and stand-up comic. He is in private practice specializing in constitutional law, appellate advocacy, and attorney ethics. Mr. Oster regularly litigates First Amendment issues and has been lead counsel on two cases that ended up in the U.S. Supreme Court. He has argued a case before the United States District Court for the Western District of New York and the Second Circuit and was part of a legal team that successfully defended a case in the U.S. Supreme Court. He's also prevailed as lead counsel in defending a case before the U.S. Court of Appeals for the Eighth Circuit. Mr. Oster has spoken to thousands of attorneys across the United States and brings their combined practical perspectives to his seminars. He has presented at numerous bench and bar conferences and co-hosts the podcast DeBriefing the Law with Chris Marohn. The podcast covers current legal news and true crimes using their brand of humor. From the Supreme Court to O.J. Simpson, no legal topic is off-limits. Most importantly he is also a stand-up comic. Even though he has argued before numerous appellate courts, including Judge Calabresi of the Second Circuit, he said nothing compares to the nerves of trying to make a room full of drunk college kids laugh. He headlined the comedy tour "Presumed Funny" which featured random musings about the legal profession. Mr. Oster earned his J.D. degree from the University of Kansas School of Law. He is admitted to the bar in Kansas, Missouri, Florida and numerous federal courts.
Speaker bio
Leighandra Hazlett
is a deputy county attorney with Sarpy County in Nebraska. She earned her bachelor's degree in criminal justice/legal studies from Missouri Western State University, her Master of Science degree in MS, forensic investigations from Missouri State University and her J.D. degree from Creighton University School of Law.
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