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Crime & Safety

Komisarjevsky Motion for Life Sentence Had Little Chance of Success

Three jurors selected so far for second Cheshire home invasion murder trial.

The defense motion, denied this week, for Joshua Komisarjevsky to plead guilty in return for a life sentence without the possibility for parole or release was a long shot at best.

A similar attempt to spare his Cheshire home invasion co-defendant Steven Hayes during his trial in 2010 was also unsuccessful. Hayes now sits on death row sentenced to be executed.

Defense lawyers for Komisarjevsky based their argument on painting Hayes as the real killer. They said their client never intended to commit murder, and accepting his plea in return for life in prison would spare the victims’ family the anguish of another trial and spare the state the expense.

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According to published reports this week, the expense for prosecuting Hayes and Komisarjevsky has already cost about $2.25 million, more than 70 percent of that for Hayes.

But the prosecutors, State’s Attorney Michael Dearington and Senior Assistant State’s Attorney Gary Nicholson, replied in a brief that the defense’s legal argument was based on a faulty interpretation of the law.

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Judge Roland Fasano ruled on the motion on March 23 by siding with the prosecutors, but without specifically addressing the legal argument.

"This court is not inclined to grant defendant’s request to impose a ‘court indicated’ sentence of life imprisonment without the possibility of parole or release following a conditional plea of guilty to all counts, even assuming the court had the power to do so," Judge Fasano’s ruling said.

That cleared the way for the jury selection to continue, and a third juror was selected on Wednesday. She is described as a New Haven resident who works as a social work investigator for the state Department of Social Services and has a bachelor’s degree in sociology and criminal justice.

The Hartford Courant reported that during voir dire, when individuals are questioned about their suitability for jury duty, the juror said some prospective jurors had discussed the case while waiting to be called into the courtroom.

Like everyone else called for jury selection, she knew of the case from news reports, but she said she could make her decision based on the evidence.

Most of the prospective jurors called during the first six days of jury selection have been excused because they knew someone involved in the trial, would face a financial hardship sitting on the jury for a three-month-long trial, or had already formed strong opinions about the case and could not make an impartial decision based on the evidence.

Two prospective jurors were excused on Tuesday by Judge Jon C. Blue, the trial judge, after they refused to sit in the courtroom with Komisarjevsky.

The defense has also used four peremptory challenges, and the prosecutors one, to dismiss individuals they didn’t trust to be impartial toward their side. Each side gets 40 peremptory challenges.

The other two jurors who were picked are a doctor working for the Yale School of Medicine and a student pursuing a degree in social work and criminal justice.

Jury selection is not conducted on Fridays.

Judge Blue said the attorneys need to select 12 jurors, six alternate jurors and three backup alternates for the trial that he scheduled to start on Sept. 19.

The trial reached up to the state Legislature this week. On Monday, state Correction Commissioner Leo C. Arnone told the Judiciary Committee that the Department of Correction has launched a review of the books that prison libraries in Connecticut make available for inmates.

The issue arose because while he was incarcerated in 2006, Hayes read numerous mystery, crime and occult thriller novels depicting violent murders.

Komisarjevsky’s defense lawyers, Jeremiah Donovan, Walter C. Bansley and Todd A. Bussert, raised Hayes’s reading habits in their motion to spare their client the death penalty.

The Hartford Courant said Judge Blue also mentioned an issue about a "library book" during the Hayes trial last fall, but nothing more was said about it in court and Department of Correction officials at the time said they were under a "gag order" and couldn’t discuss it.

Arnone told the committee he launched the department’s review last fall and expected to have a new policy in effect by July 1.

State Sen. John Kissel (R-Enfield), who has six correction facilities in his district, had introduced a law requiring state officials to follow established guidelines for inmate reading materials, but after hearing from Arnone, Kissel said he was satisfied and no new legislation would be needed.

The Courant also filed a motion this week requesting release of the defense and prosecution witness lists for the Komisarjevsky trial.

Defense lawyers object to their release because it might discourage witnesses from testifying if they were named in news stories. Judge Blue offered a compromise on March 16, to release a redacted list with the names of reluctant witnesses blacked out.

The newspaper said it is entitled to the list unless attorneys in the case can show there is an "overriding interest" for withholding them.

Prosecutors said they had no objection in this matter. Judge Blue gave defense lawyers until next Friday to file a response.

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