Defense Claims Witness List Release Threatens Fair Trial for Komisarjevsky

Defense attorneys for the second Cheshire home invasion defendant filed a motion Wednesday claiming that the trial judge’s decision to release witness lists to the news media disregards Joshua Komisarjevsky’s right to a fair trial.

According to published reports, the motion blames Judge Jon C. Blue for "acquiescing to the demands of the media without sufficient regard to Mr. Komisarjevsky’s right to a fair trial."

Judge Blue ordered the witness lists released to the Hartford Courant in a decision on Friday, but stayed his order until April 8 to give the defense a chance to get another court to issue a stay and review the matter.

In their new motion to Judge Blue, the defense lawyers said witnesses for their client and relatives have been harassed and threatened, and witnesses are reluctant to testify since learning their names might be made public, news reports said.

The New Haven Register reported the defense said appealing Judge Blue’s decision would be "a hollow and relatively meaningless gesture" because it is unrealistic to expect another court to intervene.