Submitted: October 5, 2017
Defendant's "Amended Motion for Modification of
J. Robertson, Esquire Deputy Attorney General Department of
G. Germono, Esquire Assistant Public Defender Office of
seeks review pursuant to 11 Del. C.
§4204A(d)(1) and Superior Court Criminal Rule 35A of his
thirty-two-year sentence imposed in 1998 for the 1995 rape
and beating murder of his nine-year-old victim. He is
presently serving thirty-two years at Level V under sentences
for Murder Second Degree and Unlawful Sexual Intercourse
Second Degree. The crimes were committed when Defendant was
fifteen years of age. As Defendant has served twenty years of
his sentence, he is statutorily entitled to petition for a
review of his sentence. He requests a sentencing hearing.
Defendant's counsel has done admirable work in assembling
a very thorough and comprehensive motion seeking a sentence
reduction. Among numerous supporting documents are an August
28, 2017 letter from Kathleen Covelli-Reyes, M.Ed, advising
that Defendant "presented as a very polite, but timid
young man when he first entered the NCCD, " "then
went on to be a model resident, " "showing
tremendous growth emotional, physically, and
academically." She supports a reduction of sentence and
the preparation of a "comprehensive re-entry plan that
will afford him an opportunity to live a productive life in
the community." (Exhibit D to Motion).
McGonigal, Director of Division Management Support Services
of the Department of Services for Youth and Their Families,
submitted a letter dated August 2017 on Defendant's
behalf. She was his case manager while at the detention
center. Among other things she said that "Lamont is a
quiet leader by example, and probably the only resident who
could acquire positive feedback from every staff member in
the building." She added, "I am confident had his
arrest and subsequent proceedings occurred today, the outcome
would have been dramatically different given his age, social
history, our knowledge of the impact of adverse childhood
experiences, and evidence-based practice and research on
adolescent brain development." (Exhibit E to Motion).
at the Department of Corrections, Defendant has been
consistently placed at the minimum security level since 2009
and has a relatively minimal disciplinary record. He has
consistently held a job while incarcerated and has been
pursued job related programs such as masonry and ServSafe
certification to assist in employment beyond prison walls.
While incarcerated, he has completed and obtained 31
certificates and programs, and has earned his high school
diploma. (Motion at ¶ 37-38).
has expressed "regret and remorse" for his actions
in the taking of the victim's life. (Exhibit C to
had a very dysfunctional upbringing, having lived
alternatively with his mother, father, and in different
foster homes. Both parents inflicted emotional and physical
abuse upon him. Both parents were addicted to drugs.
had no prior significant adjudications of delinquency.
State, in response, acknowledges the applicability of various
mitigating factors, (some of which are identified by the
court in this letter). However, the State points out the
"ghastly nature" of the crime. As noted by the
"The injuries inflicted upon [the victim] were nothing
short of horrific. His skull was fractured in several places.
His gums were torn away from his upper teeth and his lower
teeth were bent inward. The child had been anally raped, as
evidenced by the medical examiner's findings of traumatic
anal penetration consisting with intercourse. The medical
examiner also interpreted petechial hemorrhages ...