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Killer asks judge for early release
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By JAMES A. KIMBLE
Union Leader Correspondent
Thursday, Oct. 29, 2009
BRENTWOOD – A judge is considering whether eight years in prison is enough time for Joseph Todd Gamester, who stabbed a Rye man to death outside a Portsmouth bar.
Gamester, 41, formerly of Newmarket, came to court yesterday hoping to be released from a 12- to 24-year sentence in state prison for manslaughter after being convicted of the 1999 killing of Anthony Record.
He petitioned the court using supportive letters from state prison officials and maintains he has remained discipline free at the prison for 6 years.
GAMESTER
Gamester, who appeared without a lawyer, continued to dispute what led up to the fatal confrontation he had with Record after the two left the Old Bridge Cafe on State Street in the early morning hours of Oct. 15, 1999.
"I did not intend to use it as a weapon," Gamester said of the 8-inch fishing knife he retrieved from his truck. "I intended to use it as a deterrent." But prosecutors said Gamester retrieved the knife from under the seat of his truck and thrust it six inches into Record's heart and a lung.
Assistant Attorney General Lucy Carrillo told Judge Kenneth McHugh that Gamester has expressed remorse only for himself, a point of view he still maintains.
"At his sentencing in 2001, he told the court, everyone here in this court that 'I am the victim. I am the one who was assaulted,' " Carrillo said. "He then asked why everyone was out to persecute him." Carrillo and the Record family pointed out that Gamester has yet to take a victim impact course in prison, a key part of his stay there.
Gamester also had several prison infractions, including testing positive for cannabis while he was incarcerated, Carrillo said.
"The fact that the defendant continues to blame the victim shows he is not fully rehabilitated," she said.
Gamester previously claimed a back condition prevented him from participating, but the release petition he submitted noted he has volunteered with the prison's recreation program.
The state Attorney General's office prosecuted Gamester on two counts of second-degree murder. Gamester at first agreed to plead guilty to manslaughter then elected to go to trial. His defense hinged largely on portraying Record as hot-tempered and someone who had a drug problem.
The victim's family appeared in court to protest Gamester's early release.
"Joseph Todd Gamester has not done anything to warrant an early release," said Jody Record, the victim's sister. Record is a former New Hampshire Union Leader correspondent.
Had Gamester participated in a victim impact program then, Record said, she would consider that he had true remorse for the killing.
Record's brother, Dell, also said that Gamester had not satisfied any of the criteria needed for an early release.
After being confronted by the family's objection, Gamester insisted he was sorry for what happened.
"I wake up and think of him, and I think of him when I go to bed," he said. "I liked Tony. He was a good person. He was my friend. I take responsibility for my actions. I screwed up. I am sorry. I really am."
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YOUR COMMENTS
I am Tony's oldest brother, and the one who testified in court yesterday. First I am a little overwhelmed by the support expressed here. Second, it was heart wrenching to re-live the events of my brother's murder during the hearing yesterday. My statement before the court was intended to deal with the "current". Right here. Right now. Answer the question "Has Gamester met the criteria for early release?" If you look at the NH State Prison web site, under "Criteria for Suitability" he has not. Some day Gamester may meet the criteria. He will someday be released. Tony is still dead.
- Dell Record, Rye, NH
To Jeff Manchester,
Let him out? Real criminals? The man killed someone! What part of killed someone do you not get? Your comment is not only insensitive but also an insult to this man's family!
- Roger, Manchester
“I did not intend to use it as a weapon,” Gamester said, of the 8-inch fishing knife he retrieved from his truck. “I intended to use it as a deterrent.”
Why the heck did he not just get in his truck and leave?????? Instead he went into his truck, got a knife, & killed a man, now he wants an early release...what a joke..
Hey Jeff - Since when is a murderer not a real criminal?
- Jim, Manchester
I certainly hope Jeff's post is just missing a sarcasm icon, otherwise wow, if a murderer isn't considered a real criminal then I don't know what is.
- Kevin, Bennington
This man has shown absolutely no remorse for his crime, he has not participated with the victim impact course as ordered by the court and yet he comes asking to be released early? I think not! I hope that these factors are considered and carry a lot of weight once he is eligible for parole and applies for it resulting in his parole being denied at that time. Anytime one draws a weapon it is because they intend to use it, yet he claims the knife was to be used as a deterrent? A deterrent to what? Mr. Record had no weapon?
- Rob, Manchester
Our jails are already over-crowded. This guy has done a significant amount of time. Let him out to make room for the real criminals.
- Jeff, Manchester
You have to be kidding, Ok lets bring back the guy you murdered, Oh thats right you killed him, he is dead. You got a knife out of your truck and killed him. Whether you meant to kill him or not is irrelivant, because well, You killed him!!! Now you must pay for your actions. If you can't do the time you shouldn't have commited the crime. Have fun in your Cell. I hope you serve your full sentence!!
- Jim, Manchester
One simple question - Is Anthony Record free to enjoy life?
- Brian, Farmington
Why should this man be released early for killing someone in cold blood? Did the other person brandish a weapon? Was this man defending himself or so out of on drugs and alcohol that he didn't even know what he was doing at the time? That would constitute an insanity plea at least, I would think. Yes, let's let all the killers out and put the pot smokers in. That will solve everything. As a former correctional officer working in a state prison I can tell you that these people are not there for singing to loud in church on Sunday. Of course when asked, no inmate is guilty, they just had bad lawyers.
- Jim Boggio, Roswell, NM
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