Billy Flynn, Killer of Pamela Smart's Husband, Is Moved to Work-Release Program
07/14/2014 AT 06:00 PM EDT
Flynn was transferred last week to a facility in Warren, Maine, as part of a work-release program following his second-degree murder conviction for shooting Gregg Smart, reports the Associated Press.
In a much-publicized case that spawned a novel, TV dramatizations and the 1995 movie starring Nicole Kidman, To Die For, Pamela Smart, then 22, a New Hampshire school district media coordinator, was found guilty for manipulating Flynn, her then 16-year-old lover, to kill her husband.
Two young men convicted in the case have since been released: Flynn and Patrick "Pete" Randall, who testimony showed held Gregg Smart while confessed triggerman Flynn shot him, are up for parole next year.
Gregg Smart's family approved of the move for Flynn. "If they're going to be out next year, they need to get acclimated back into society," Gregg's brother, Dean J. Smart, tells PEOPLE.
But Dean Smart, who wrote the 2011 book about his brother, Skylights and Screen Doors, has far less sympathy for Pamela's Smart's continual claim of innocence.
A new documentary, Captivated: The Trials of Pamela Smart, begins airing Aug. 18 on HBO and asks questions about the fairness of Pamela Smart's sentence given the plea-bargained fate of the others who were accused.
The only possible sentence for Smart's conviction on charges of conspiracy and being an accomplice to first-degree murder was life without parole, which she currently is serving at the Bedford Hills Correctional Facility in New York.
"I do not think she deserves to be set free," Dean Smart tells PEOPLE. "I do believe that she's guilty, and I do believe that it's completely fair."