Jeffrey "Monk" Smith, who is serving an 85-year sentence for the 1998 murder of James Connor in New London, is pressing on with a claim that his sentence is illegal, even though it was upheld on appeal and a public defender has told him his latest claim is without merit.  

Smith, 42, who has been incarcerated since 1999, appeared in New London Superior Court Wednesday, where he and State's Attorney Michael L. Regan had an on-the-record discussion of his claim that he was subject to double jeopardy. 

Smith, along with Gregory Pierre and Abin Britton, were found guilty of the beating death of James "Captain Jim" Connor, 33, of Essex, who disappeared after going to Lucky's Cafe in New London to buy crack cocaine on Aug. 23, 1998. 

Connor's car was subsequently recovered in the Waterford duck pond. His body eventually was located in Bates Woods Park in New London.

A jury convicted Smith in 2005 of first-degree manslaughter, two counts of first-degree kidnapping, first-degree robbery and felony murder, but acquitted him of capital felony and murder.

The state Appellate Court upheld his conviction in 2008, rejecting a claim that the trial judge had erred in allowing into evidence an incriminating statement he gave to investigators.

Smith is representing himself, since Public Defender Bruce A. Sturman reviewed his claim and decided it had no merit. His codefendant, Pierre, also has a pending motion to correct an illegal sentence and is due in court next week.

"My motion is based on the fact that I was charged with three different kinds of murder for one body," he said in court. "It's allowing the state to use three different theories here. The Fifth Amendment of the Constitution says no person shall be put in jeopardy more than once."

"There is no theory," said Regan, who had prosecuted Smith and his codefendants. "We put on the facts, and it's up to the jury."

Judge Hillary B. Strackbein told Smith double jeopardy does not apply in his case, and Regan cited several related court decisions that he plans to reference in a brief he is preparing.

Smith will have time to respond to the brief before the judge issues a decision on his motion.

His father was listening from the gallery during Wednesday's hearing and was making arrangements to review the legal filings.

k.florin@theday.com

Twitter: @KFLORIN