By Cara Connors, RCN Staff
The Hampton Union, July 6, 1990
A defense attorney for one of the tree Seabrook youths arraigned in connection with the May 1 murder of a Derry man said the process to certify the youths as adults has begun.
Attorney Marsha Kazarosian of Haverhill, Mass., would not comment on what stage the process is in. Kazarosian said she is seeking to have her client tried as a juvenile.
All three teen-agers are students at Winnacunnet High School in Hampton and were arraigned in Hampton District Court in connection with the May 1 death of Gregory Smart of Derry.
Smart was found by his wife, Pamela, shot through the head in their Derry condominium. Pamela Smart is the director of the media center at School Administrative Unit 21 in Hampton.
Assistant Attorney General Diane Nicolosi refused to comment on whether three Seabrook juveniles have been certified as adults in connection with the murder of Smart, because of a court order banning public discussion on the case.
Nicolosi yesterday refused to say when the order came down or what judge issued it. Officials at Derry District Court could not provide any information about the gag order.
Tuesday was the deadline for the state to begin seeking certification of the three juveniles as adults.
Nicolosi would comment only on the certification process in general and not as it pertained to the Smart case.
She discussed the factors the court must weigh in determining whether a youth can be tried as an adult, including the seriousness of the crime and whether the youth had a past record. If the court rules in favor of the evidence presented before it, the matter goes to the Superior Court level.
“The juvenile would be certified as an adult and would…be indicted and tried, and that would take place in a Superior Court,” she said.
Nicolosi has said that one of three youths arraigned in the Smart case would be charged with first-degree murder and the other two would be charged as accessories to the killing.
Pamela Smart has reportedly said she was “devastated” by the arrest of the three youths. Smart has been linked with the students through a video project and other courses at school.