The owner of the gun used to kill Pamela Smart's husband Gregg in 1990 is appealing a New Hampshire judge's ruling last month to not return the firearm.
The Portsmouth Herald reports Vance Lattime Sr. filed the appeal in Rockingham Superior Court, asking Judge Andrew Schulman to reconsider returning his Charter Arms .38 caliber revolver - a key piece of evidence in the case.
Prosecutors say the gun was stolen by Vance "J.R." Lattime Jr. so Winnacunnet High School classmate Billy Flynn could murder Gregg Smart in the couple's Derry home.
Pamela Smart, then a media coordinator at the school, convinced Flynn to kill her husband. The two were having an affair at the time.
Prosecutors argued that the state should keep the firearm given Pamela Smart's history with seeking parole.