Connecticut Man Receive Sentence Reduction in Gay Murder Case

Posted on | February 10, 2006

I am having mixed feelings about the modification that a Connecticut judge made to a man sentenced in the death of gay man. Sean Burke who, along with Marcos Perez, was originally convicted in the murder of Richard Reihl. The pair beat Reihl to death outside his home back in 1998. Burke was ordered to serve forty years for the crime. Reihl’s murder was the driving force behind passage of Connecticut’s hate-crime law. Under state law, Burke was eligible to have his sentence reconsidered if the prosecution agreed to it. In 1989 the prosecutor who tried Burke, Kevin McMahon, noted that he would support a re-examination of the prison sentence in the future if Burke could prove that he had reformed.

In spite of objections from the family, the hearing occurred and Judge Raymond Noko shortened Burke’s sentence by five years so he will be able to walk out of jail in roughly six years. In his decision Noko said:

"If our society believes in the concept of rehabilitation while in prison, rather than just mouthing the concept, then the petitioner’s conduct acquires merit. To not recognize proper rehabilitative conduct is harmful and promotes a dangerous standard of meaningless conduct by all prisoners."

The reason I have mixed feelings about this is that while I do believe in the concept of rehabilitation in prison and such, this does not change the fact that Richard Reihl is still dead. No matter how Burke has bettered himself or how he continues to better himself, the fact that Reihl’s family is without him is immutable and I think Burke should be held fully accountable for that. My objection to the modification is not in the choice of victim or motive, but rather the crime itself. Murder is the one crime where the effects are permanent. Injuries heal, psychological problems can be treated, money and possessions can be returned or replaced but nothing brings back someone from the dead. If Burke and his accomplice had severely beaten Reihl then I may have a different view.

The judge should have taken into account the wishes of Reihl’s family in this matter as well. Their objection to the hearing was based on the fact that it sends a message that hate-crimes can be tolerated and to some degree they are correct. The whole reason hate-crime laws exists, whether you agree with them or not, is to enhance sentencing in instances where hatred was the motive and by lessening the sentence in a hate crime you essentially excuse the hatred.

One thing that really ground my gears though is that prison counselors and friends say Burke has tried to redeem himself from the day he set foot in prison. That is all very well and noble, but it is a little late. Where was that desire and motivation to be a decent human being when he and Perez beat Richard Reihl to death with a fire log? Personally, I think Burke is lucky that he got only a forty-year sentence instead of life.

External Links:

365Gay - Sentence Reduced In Gay-Bashing Murder

Filed Under Gay Rights, News |

Comments

4 Responses to “Connecticut Man Receive Sentence Reduction in Gay Murder Case”

Bill
February 12th, 2006 @ 9:14 am

You really have no idea what you are talking about here. I know Sean Burke. In fact, he is one of my best friends. This never went to trial - the facts did not come out. Sean was not there when Richard was murdered. He showed up after the fact. None of this came out because Perez entered a plea bargain. He’s the one that used the fireplace log to kill Richard.

I am a gay man. I have no hidden agenda here - other than THE TRUTH. But we don’t want to hear that, do we? We just want to lock them away and discard them.
The Angry Fag
February 12th, 2006 @ 9:19 am

I can only go by what the article said. I was nine years old when Richard was murdered so boviously I would most likely not even remember hearing any national publicity the murder may have gottn. Also I could not find any articles on the murder itself.

All I have is the fact that Sean Burke was found guilty or plead guilty/nolo contendre and therefore ended up in jail.
Bill
February 13th, 2006 @ 7:05 am

I too came to that conclusion long ago. I was among the mob of angry gay activists who wanted to see both Burke and Perez sentenced to many years in prison.

But I’ve learned more - much more about this case. Had this gone to trial and there were no plea bargins from Perez, I’m certain the outcome would have been much different for Sean Burke.

Sean was a confused youth at the wrong place and the wrong time. He had little guidance in his life. I’m not saying this to excuse what happened. I’m simply saying he wasn’t the one who actually did the killing. I can’t say more than that.

It’s easy to view these things from a distance and judge them. I don’t fault you for that - everyone is doing it. I’m sure I do it too on things I don’t know about. But I have taken the time to get to know this case. I wish I could share more.