By: Rebecca Roy
© Copyright 2007, Keene Equinox
From the witness stand, Patrick Randall announced his life ambition was to be a "professional hit man," according to many key players in the trial. We have heard the story of Pam Smart, but how much have we been told about the four teens that surround the actual murder?
Throughout the journey to find the truth behind the Smart murder, there have been many roadblocks. Record after record has been denied by the state of New Hampshire. The state's excuses are that the records are sealed, that the case is still open, or that they are not open to the public.
It is believed that if the juveniles' records of the boys were released there would be evidence to suggest William Flynn was not the man behind the gun.
Mark Sisti, Pam Smart's defense attorney at the time of the trial, said the files "should not be sealed files…don't see why they would withhold them." Sisti did not move to seal any records, nor has anyone else to his knowledge. He states that the juvenile delinquency records "paled in comparison" to adult records.
North Hampton's Chief of Police, Brian Page, was pressed about his knowledge on the topic and initially said it would take a judge's order to obtain them. He later replied, "Honestly, I don't have anything on those kids. Nothing in the computer."
In a phone interview with Lieutenant Bryon, of Derry Police Department, he stated that Hampton District Court would have the juvenile records. In a written letter Byron states that, "These records are protected."
In response to New Hampshire's Right to Know Law, Freedom of Information or FOI, the clerk of court from Derry District Court writes, "The requests for information on these juvenile cases have been denied. All juvenile matters are confidential." Juvenile records in New Hampshire have been sealed since 1982, and cannot be released under the N.H. Right to Know Law.
In an interview with Jeff Strelzin, senior assistant attorney general, he was asked why juvenile records are closed when a person is certified as an adult. He said, "Can't think why. If a juvenile is certified as an adult, they [files] would be open."
Paul Maggiotto, the prosecutor in Pam's trial, said "the first thing was to have the boys certified as adults." He said to do that, "…have to have a hearing, it's a complicated process." His request was based on "seriousness of the crime and maturity of the juveniles," he said.
Pelletier, who worked on the 1990 murder case said, "They were certified as adults making [the records] less confidential. They should still be somewhere. They should be on file forever."
The juvenile records were never obtained.
In addition to the questions raised from the juvenile records, key players involved in the trial question the ballistic evidence. Ballistic evidence is admitted as evidence that is open to the public according to Sisti.
Pam's mother, Linda Wojas, believed the state's ballistics' report showed it was a right-handed person that pulled the trigger. Randall is right handed. Wojas said, "I don't think Billy Flynn murdered Greg. I think Patrick Randall murdered Greg."Detective Pelletier could not recall if it was a left or right handed person that shot the gun, but he found it "very interesting though."
Sisti said they did not need a lot of evidence because the boys admitted to killing Greg, however "defense didn't buy into the story" of how Greg was murdered. "Defense believes Mr. Flynn did not inflict the injury. We forwarded the theory that Randall shot him."
The defense thought Randall killed him and Flynn came up with the story as a love trial, but when it came to killing Smart their original plan was to slit his throat, "no one had the guts to slit his throat," said Sisti. "Of the three that were at the house with Greg Smart, only one of the three had the cold, steely make-up. Randall was viewed as the toughest guy…There were a lot of considerations why Patrick Randall was capable of inflicting the fatal wound," said Sisti.
Wojas echoes his thoughts when she said, "He [Randall] was an outspoken bully. He beat up his stepfather."
"After 14 years, without any question in my mind," Flynn did not fire the gun, said Sisti. He recalls that Flynn could not describe in detail how the shot was fired and that the demeanor in Randall was telling; "He [Randall] gave off the sense that he was capable of it."
Paula Fowler, the mother of Raymond Fowler, who was the least involved of the four boys the night of the murder, said that Raymond turned the music up in the car that night to drown out the teens talking about Greg's death. She said that Pete was bragging and gave details about how Greg was killed.
In an interview with Raymond's family they stated that Randall is quoted for saying he wanted to be a "hired assassin" on tapes. Paula Fowler says that in Randall's juvenile record it states he beat his step father with a blunt object. She says, "Pete was the violent one."
In a personal account, Raymond Fowler said that before the murder, he remembers Randall saying that he "wondered about the power of killing someone." As well as "chatting about killing…different methods and ways."
However, Raymond Fowler also explained in the interview that when Flynn returned to the car the night of May 1 Flynn said, "You should feel the power of killing a man, feel the gun, it's still hot, feel the bullet." Raymond said, "If he [Flynn] was alone, I don't think it would have happened."
On the topic of Flynn's involvement, Sisti said, "I'm telling you right now Flynn didn't fire the shot." But he felt responsible for getting the others involved and pled guilty. Sisti believes that Flynn took responsibility knowing he could at least have peace of mind that he did not kill anyone.
Prosecutor Paul Maggiotto does not see that Flynn and Randall would have had anything to gain by lying about their roles in the murder. Maggiotto does not think Randall killed Greg, though admits, "Patrick Randall was a little more cold-blooded."
Maggiotto explained that the plan was to stab Greg and the reason they had the gun was because they had to please Pam. He believes when it came down to it, Randall could not go through with it, so Flynn had to fire the gun. "It is a lot more detached to fire a gun," said Maggiotto.
Sisti believes you really cannot disinvolve Randall, "I'm telling you Flynn didn't fire the weapon. He felt guilty. He felt responsible. If it had been discovered that Randall was the killer, then the prosecutor's theory falls apart."
Sisti then cites the implications if "Randall had perjured himself. Flynn had perjured himself, then the love motive isn't as powerful. Love triangle plays better in court, plays out better in the media. Sometimes the truth comes out in a million ways when dealing with the truth. I don't think the jury heard the truth." Sisiti said he thinks "the jury didn't believe the three boys."
When Maggiotto was questioned in an interview on Pam's conspiracy to commit murder charge he said "Government would have had to prove she wanted Greg dead." If Randall had fired the gun like many believe, this would support Sisti's theory that the prosecution's argument would become invalid. There would be a lack of evidence to link Pam to Randall. The love motive would not be able to support the idea that she influenced Randall into the murder.
Randall, who has been placed at Maine State Prison (MSP) for his role in the Smart case, is serving the remainder of his sentence, 25 years to life. Prison documents obtained at the Rockingham County Court House state that Randall repeatedly gets good marks for good behavior, but he has been denied a sentence reduction in the courts.
In a Jan. 19, 2000 report, Phil Edwards, a correctional caseworker says, "Pat does very well at MSP, gets along well with staff and inmates."
However, before being placed in at MSP Raymond Fowler said, "[Randall] got into a fight while in prison in New Hampshire, broke a jaw and was placed in 'the hole'."
In a letter to his own judge in August of 1992, Randall wrote "I'm only 18 now but I feel I've still got some growing up to do, though now I realize there are some things I really do want that I didn't think I wanted at 16: to get married and have kids and watch them grow up. I also realize these are things Greg Smart may have wanted to do and because of what I helped do he'll never get that chance…What happened only happened because my friends and I were so young and naive. All I want is to make a decent life and prove I can be a good person to myself, to my parents, and to others."
Randall's mother, Patricia Randall, also made a desperate cry out before his sentencing. She wrote, "What do you say to a judge with the life of your only child in his hands?...Patrick sees faults in people and forgives. He tries to make sure that he himself doesn't have the same faults…Neither I nor Patrick want or expect that he walk away from this. I admire him for his attitude in this. He has been a part of a very terrible action and he feels extremely sorry, and now he must pay the consequences, whatever it may be…He is the child that I love beyond my own life and I know he is a good person and worthy."
© Copyright 2007 Keene Equinox