BRENTWOOD, N.H. —The owner of the gun used to kill Pamela Smart’s husband Gregg in 1990 is appealing a judge’s ruling last month to not return the firearm.

The Portsmouth Herald reported that Vance Lattime Sr. recently 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 said 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.

Lattime Jr. drove the getaway car, waiting with Raymond Fowler while Flynn and Patrick Randall went inside to kill Gregg Smart.

All were sent to prison and have since been paroled, while Pamela Smart is serving a life sentence without parole. Smart has admitted seducing Flynn, but said she didn’t plan her husband’s murder.

Lattime Sr. said he brought the gun to police in 1990 after hearing from one of his son’s friends that it might have been used in a crime.

The trial was a media circus and one of the first high-profile cases about a sexual affair between a school staff member and student.

It inspired the Joyce Maynard novel “To Die For,” which in turn was made into a movie starring Nicole Kidman.

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