Hayes Attorneys Claim Book Taints Possible Jury Pool
November 27, 2009 by Josh Morgan
Defense attorneys for one of the men charged with the Petit family murders have requested a delay in the jury selection process because of the widespread publicity of a recent book.
Attorneys for Steven Hayes filed the motion last week in an effort to postpone jury selection for his trial. Hayes, 46, of Winsted, along with Joshua Komisarjevsky, 29, of Cheshire, is being charged with an array of crimes including capital felony murder, which could carry the death penalty if convicted. Hayes’ jury selection is scheduled to begin in January, but his attorneys believe “In the Middle of the Night: The Shocking True Story of a Family Killed in Cold Blood” by Brian McDonald has damaged his rights to a fair trial. In the book, which is based largely on jailhouse interviews and personal correspondence with Komisarjevsky, Hayes is blamed for the murders of Jennifer Hawke-Petit and her two daughters, Hayley and Michaela.
A gag order was imposed to stop leaks about the case in 2007 and Hayes’ attorneys contest that Komisarjevsky violated that order when speaking with McDonald. Hayes’ attorneys state they have abided by the gag order and their motion claims that a delay in jury selection will lessen the likelihood of a biased jury.
If convicted of a capital felony murder, only two outcomes are possible: life in prison or the death penalty. Information on who initiated the murders and who is to blame could mean the difference between life and death, the motion states. New Haven State’s Attorney Michael Dearington has insisted from the beginning that he will seek the death penalty for both men.
The next pre-trial hearings for both men are scheduled for Dec. 10.