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September 05. 2012 9:54PM
After sentencing, defendant says, 'It's not bad ... 40' years to life
MANCHESTER — Calling the defendant someone who “demonstrated complete disregard for law and order,” Judge David Garfunkel Wednesday sentenced Charles Glenn Jr. to 40 years to life in state prison for the murder of Leonard Gosselin of Manchester seven years ago.
Moments after being referred to by the judge as a person who “shows no desire for rehabilitation,” Glenn turned to friends and family members and said, “It's not bad ... 40.”
In June, Glenn was found guilty of second-degree murder after a second trial on charges of killing Gosselin during a robbery attempt in an apartment complex on Log Street in Manchester.
His first trial, in July 2006, resulted in a not guilty verdict to first-degree murder. The jury then deliberated two lesser homicide charges, second-degree murder and manslaughter but could not reach a verdict.
Defense attorney David Ruoff argued Wednesday for a shorter term on the ground that Glenn came from a disadvantaged background and was a victim of unlikely circumstances that unfolded on the night of the murder.
But the judge said the attempted robbery that culminated in the gunfire that ended Gosselin's life at age 22 was “a planned endeavor.”
“Nothing in this case cries out for leniency,” Garfunkel said.
Prosecutor Karin Eckel said Gosselin was shot in the back by Glenn during a robbery attempt. The defense tried to convince the jury that Gosselin was shot by another man during a struggle for control of a gun.
In imposing sentence, Garfunkel said Glenn had “complete and total control” of the circumstances that led to Gosselin's death
Family and friends of Gosselin left the courthouse in the company of a victim rights advocate and declined comment after the sentencing. Family members made impact statements to the court Wednesday morning before sentencing.
Glenn was sentenced to a term of 30 years to life for second-degree murder, with a sentence of 10 to 30 years for attempted robbery to be served consecutively, or after he completes his time on the murder conviction. The judge also sentenced Glenn to terms of 10 to 20 years for making criminal threats, five to 10 years for being a felon in possession of a firearm, and a concurrent 3 1/2- to seven-year term for falsifying evidence.
The judge said he calculated that Glenn's minimum stay in state prison at 40 years.
“I'm just relieved that the long, tortuous trial for the victim's family is over,” said Assistant Attorney General Peter Hinckley, a member of the prosecution team. “The judge gave him a just sentence.”
Prosecutors had asked for nearly 50 years in state prison.
Defense attorney Ruoff indicated the length of the sentence was not unexpected.
“I'm not surprised at the severity of the sentence,” Ruoff said. “He was convicted of second-degree murder and that's a serious charge.”
Glenn was on probation at the time of Gosselin's death. He was arrested in Colorado after police were tipped to his whereabouts.
In his sentencing remarks, Garfunkel said Glenn's life was marked by “escalating criminal behavior, starting in 1997 and continuing every year.”
The judge called it a record that showed “very, very disturbing criminal behavior with a sophistication which exceeds what this court normally sees.”
Ruoff said an appeal is likely. During the trial, he attacked police handling of evidence at the scene of the crime.
Issues of “sufficiency of the evidence” and procedural rulings by the judge are likely to be raised on appeal, Ruoff said.
Bill Smith may be reached at wsmith@unionleader.com.
Moments after being referred to by the judge as a person who “shows no desire for rehabilitation,” Glenn turned to friends and family members and said, “It's not bad ... 40.”
In June, Glenn was found guilty of second-degree murder after a second trial on charges of killing Gosselin during a robbery attempt in an apartment complex on Log Street in Manchester.
His first trial, in July 2006, resulted in a not guilty verdict to first-degree murder. The jury then deliberated two lesser homicide charges, second-degree murder and manslaughter but could not reach a verdict.
Defense attorney David Ruoff argued Wednesday for a shorter term on the ground that Glenn came from a disadvantaged background and was a victim of unlikely circumstances that unfolded on the night of the murder.
But the judge said the attempted robbery that culminated in the gunfire that ended Gosselin's life at age 22 was “a planned endeavor.”
“Nothing in this case cries out for leniency,” Garfunkel said.
Prosecutor Karin Eckel said Gosselin was shot in the back by Glenn during a robbery attempt. The defense tried to convince the jury that Gosselin was shot by another man during a struggle for control of a gun.
In imposing sentence, Garfunkel said Glenn had “complete and total control” of the circumstances that led to Gosselin's death
Family and friends of Gosselin left the courthouse in the company of a victim rights advocate and declined comment after the sentencing. Family members made impact statements to the court Wednesday morning before sentencing.
Glenn was sentenced to a term of 30 years to life for second-degree murder, with a sentence of 10 to 30 years for attempted robbery to be served consecutively, or after he completes his time on the murder conviction. The judge also sentenced Glenn to terms of 10 to 20 years for making criminal threats, five to 10 years for being a felon in possession of a firearm, and a concurrent 3 1/2- to seven-year term for falsifying evidence.
The judge said he calculated that Glenn's minimum stay in state prison at 40 years.
“I'm just relieved that the long, tortuous trial for the victim's family is over,” said Assistant Attorney General Peter Hinckley, a member of the prosecution team. “The judge gave him a just sentence.”
Prosecutors had asked for nearly 50 years in state prison.
Defense attorney Ruoff indicated the length of the sentence was not unexpected.
“I'm not surprised at the severity of the sentence,” Ruoff said. “He was convicted of second-degree murder and that's a serious charge.”
Glenn was on probation at the time of Gosselin's death. He was arrested in Colorado after police were tipped to his whereabouts.
In his sentencing remarks, Garfunkel said Glenn's life was marked by “escalating criminal behavior, starting in 1997 and continuing every year.”
The judge called it a record that showed “very, very disturbing criminal behavior with a sophistication which exceeds what this court normally sees.”
Ruoff said an appeal is likely. During the trial, he attacked police handling of evidence at the scene of the crime.
Issues of “sufficiency of the evidence” and procedural rulings by the judge are likely to be raised on appeal, Ruoff said.
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Bill Smith may be reached at wsmith@unionleader.com.
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