A Birthday Tribute…and Endless Pursuit of Justice

After so many years… You may rightfully ask, what is left to say?

A birthday is a birthday..is a birthday.  An observation of an anniversary - whether in life or death is a placeholder in your heart, an unforgettable marker of time. 

Donald  W. Gore, former master carpenter, entrepreneur, New England Motorcycle Scrambles Champion, husband, father and son  AND victim of homicide at the age of 47, ( The same number as his racing number) would be observing his 92nd birthday this year in 2025.

His legacy is well documented. But, if not for a heinous act, his many accomplishments as a self-made man would have gone unnoticed. 

“31 Candles” by Artist Don Gore (No Relation)

After 44 years, you convert the pain into positive endeavors. 

You mentally ‘put it all on a shelf’ and tuck it away.   

But often, life happens and takes turns you don’t anticipate. 

***This is what happened just a few days ago….

Unexpectedly, an official notification popped up on my phone from the Connecticut Department of Corrections, Victim Services Unit

The perpetrator, Inmate # 00069805 has recently  filed a notice of application requesting that a specific part of his sentencing conditions be modified and reviewed by the court in the jurisdiction in which the homicide occurred. 

Other than a couple of contact numbers, no other information was provided.    What is the nature of the modification requested? When would this be heard by the court? Do I need to prepare still another victim impact statement? The opening of old wounds…. 

I was surprised. However,  I immediately went into  “Ladyjustice mode” getting in touch with my various contacts to learn more information. I was also grateful that the notification system actualy worked! (Each time I have moved, I’ve made sure that all related agencies were notified with my contact information.)

“Justice will not be served until those who are unaffected are as outraged as those who are.”  ― Benjamin Franklin

A few nuggets of reassurance i received over the phone thus far was that 

Those committing homicide almost never are approved by a judge to proceed with such an application. The nature of the sentence modification is most likely a reduction of years due to time served. 

Had the changes in Connecticut  sentencing laws been enacted just three months earlier, Inmate #00069805 would never have been eligible for parole.This irony has forever been burned into my brain.

Perpetual Problem-

One perpetual problem with accessing information about this case has always been the number of years ago it occurred - 44 years. 

I heard the same refrain last time. They couldn’t access the record, as it was still in paper form and they were working to convert all records to digital form. 

Well, another 2.5 years have passed. Let’s put it on the top of the pile!

The last time I was immersed in this process was in 2023- trying to uphold justice for the third time with the ‘power of the pen’ -a very impactful victim impact statement. I was the only family member to participate and I was victorious when compared to letters in favor of the perpetrator! 

So I await the advice and counsel of judicial employees, and victim advocates to whom I’ve reached out.

In the meantime… 

The Nitty Gritty of Sentence Modification in Connecticut-

In Connecticut, sentence modification for a homicide conviction generally goes through the Sentence Review Division of the Superior Court, which can shorten, lengthen, or uphold the original sentence. 

The file passes through many hands prior to the judge’s review. 

Eligibility and procedures depend on the specifics of the conviction, including whether it was a plea or trial, and eligibility for sentence review does not typically apply to serious violent offenses like homicide, which are subject to different sentencing and parole requirements. 

Sentence modifications for murderers are rare, with most applications focused on specific legal grounds like a judge's discretion to reduce a sentence for a severe or unusual hardship, or for juveniles who have served a minimum term. 

Obtaining a modification typically requires demonstrating that a fundamental change has occurred since the sentencing, such as significant personal rehabilitation, to justify altering a life sentence. 

Factors considered in sentence modification for a murder conviction:

Hardship (in rare cases):

A court may consider a request to modify a sentence if there is severe or unique hardship, but this is uncommon.  

Juvenile status:

New laws allow individuals convicted of murder as juveniles to petition for modification after serving a minimum of 20 years, without the prosecutor's consent, to acknowledge their potential for growth and change. 

Rehabilitation:

Demonstrating significant personal growth and rehabilitation since the original sentencing is key to supporting a modification request. 

Original sentence's purpose:

The court may review the original reasons for the sentence (e.g., deterrence, isolation) to determine if those needs are still met. 

 Key Factors Affecting Modification

• Type of Offense: Homicides are generally considered severe violent crimes. 

• Parole Eligibility: Connecticut classifies serious offenses as 85% parole-eligible, meaning a large portion of the sentence must be served, which limits opportunities for sentence modification or early release. 

• Plea vs. Trial: Some sentence modification provisions, such as those for shorter sentences, may differentiate between plea deals and trial verdicts. 

Why Modifications Are Infrequent:

• Public protection:
  Sentences for murder often involve a life sentence without parole to ensure public safety and protect the community.

•  Serious nature of the crime:
  The gravity of a murder conviction typically leads to less leniency in modifying the sentence compared to less serious offenses. 

• Limitations on the process:
  Some jurisdictions, such as Connecticut, require the state's attorney to consent to a defendant applying for a reduction. 

  The success of a modification petition heavily depends on the specific legal circumstances and the jurisdiction where the sentence was imposed. 

Happy Birthday, Dad!

Yes, there seems to be more bumps in the road… But we’ve always been used to that! 

Love, Donna

***Other Blogs of Interest - Please Read and Share your Comments!

https://donnagore.com/blog/guns-roses-amp-funerals-dont-mix-updated;

https://donnagore.com/blog/goodintentionsbadchoices2

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