GLOUCESTER, Va. (WAVY) - The man accused of caging his daughter in a crib appeared in Gloucester County Juvenile Domestic Relations Court. Brian Gore, through his attorney, filed motions to figure out whether he can claim to be mentally incompetent.
In April, investigators arrested both Brian Gore and his wife Shannon after deputies said they found the couple's starving 6-year-old daughter in a homemade crib cage. Investigators said she was near death.
According to court documents, Gore's attorney Tim Clancy was granted a motion for Psychological Evaluation of Brian Gore to determine his mental capacity and whether he is insane. The evaluation will also determine his "delusional compulsion to commit crimes which overmastered his will to resist committing the crimes."
Clancy refused to comment on whether his client is insane, but in his Motion for a Competency Evaluation Clancy wrote the judge, "[Brian Gore] may be suffering from a serious psychological disturbance...ability to understand the seriousness of the offense should be examined to determine his competency to stand trial."
There's a possibility that Brian Gore will plead "not guilty" by reasons of insanity. Does Commonwealth's Attorney Bob Hicks who will prosecute Brian Gore think Gore's insane? Hicks said, "He doesn't appear to be, but apparently his attorney is having a difficult time communicating with him."
Hicks does not think the human bones found in a wooden box under the Gore's shed will ever determine cause of death during the autopsy.
"There was nothing there but bones. I don't think the medical examiner will be able to prove it." When asked what will happen to the first degree murder charge if you can't prove how the child died, Hicks said, "We will have to prove it some other way."
As for the 6-year-old daughter reportedly found in a crib made into a cage, weighing less than 15 pounds, and apparently near death Hicks said physically she may fully recover, but likely not mentally.
"I'm not a psychiatrist, but as you can imagine she never learned to talk. It's really too early to speculate how she's going to end up," said Hicks.
In another matter, the Department of Social Services continues trying to strip the Gore's of all parental rights in Civil Court.
Tim Clancy withdrew a motion to move Gore out of the Norfolk City Jail because he was convinced it would be unsafe to move Gore back to Gloucester County. In the Gloucester County Jail there are only general population cells, but in Norfolk the Gores each have their one cell.
The Gores will be back in Court on August 2 for a preliminary hearing.
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