No Action Yet Taken by State

Adult status still sought in connection with murder

By Cara Connors

The Hampton Union, June 19, 1990

[The following article is courtesy of the Hampton Union and Seacoast Online.]

SEABROOK - An assistant attorney general reiterated earlier comments that the state intends to file papers to have three Seabrook juveniles certified as adults in connection with the May murder of a Derry man. However, the state has not yet begun the process.

"The state will file petitions for certifying the juveniles," Assistant Attorney General Diane Nicolosi said yesterday. The certification process must take place within 21 days of the juveniles' arraignment. Nicolosi did not say why the state had not yet filed the papers.

The three Seabrook youths were arraigned at Hampton District Court on Tuesday and Wednesday of last week. They were charged with juvenile delinquency in connection with the May 1 death of Gregory Smart. Smart was found dead in the Derry condominium he shared with wife Pamela, the director of the media center at School Administrative Unit 21 in Hampton.

Despite rumors that a fourth arrest would take place, Nicolosi said as of yesterday only the three juveniles had been arrested and were being held in the Youth Development Center in Manchester.

"There's been no arrests at this time other than the three juveniles," Nicolosi said. She would not comment on whether more arrests were expected. According to reports, Pamela Smart has said she knows teen-agers who are students at Winnacunnet High School. One of the youths worked with her on a video project. Smart has said she was "devastated" by their arrests.

Eight criteria must be weighed when deciding if the juveniles are to be tried as adults. These include whether the youth has had a past criminal record, whether the alleged offense was committed against persons or property, the sophistication and maturity of the youth, the seriousness of the offense to the community and whether the crime had a willful, premeditated or violent nature.