Record-Journal
07-25-2007, 09:06 PM
Death penalty pondere
By Elisabeth Strillacci, Record-Journal staff
CHESHIRE — Now that the state medical examiner has deemed the deaths of a Cheshire woman and her two daughters homicides, what additional charges will it bring against the two suspects arrested?
That decision will “take a little time,” New Haven State’s Attorney Michael Dearington said Wednesday.
Joshua Komisarjevsky of Cheshire and Steven Hayes of Winsted already face numerous charges, including kidnapping, aggravated sexual assault and burglary, in Monday’s deadly home invasion.
The two men are accused of breaking into the home of Dr. William Petit Jr., a prominent endocrinologist, and his family, assaulting the doctor, forcing his wife Jennifer Hawke-Petit to withdraw money from the bank, sexually assaulting at least one of the three females in the household, then setting fire to the home before fleeing.
Neither Cheshire nor state police have speculated publicly on a motive for the crime or why the Petit family may have been targeted, but they have made it clear that additional charges will be filed.
The medical examiner determined that Hawke-Petit died from strangulation and the couple’s two daughters, Hayley, 17, and Michaela, 11, died from smoke inhalation. Dr. Petit is hospitalized.
State statute defines capital felony murder in part as: “Murder committed in the course of the commission of sexual assault in the first degree; murder of two or more persons at the same time or in the course of a single transaction; or murder of a person under sixteen years of age.”
If the men are charged with capital felony murder, they could face the death penalty. In order to consider putting someone to death, at least one aggravating factor must be met in the case, including “the defendant committed the offense during the commission of or attempted commission of, or during the immediate flight from the commission or attempted commission of a felony, and he had previously been convicted of the same felony.”
Both Komisarjevsky and Hayes have been convicted, respectively, of second-degree burglary and third-degree burglary prior to the Cheshire crime, and both of those are felonies. They were charged with burglary in the most recent Cheshire homicide, as well, meaning they technically qualify for the death penalty if they are charged with capital felony.
“We have to look at all the evidence, including the autopsy, and then look at the state statutes,” Dearington said. “It may seem like a simple case, and from some e-mails I’ve gotten, like one from a man in Texas who said these guys would already be dead, I know people may not understand why we’re taking the time with this. But we need to determine the conduct of each individual as best we can. There are two defendants in the case, and that may have an impact on the charges.”
William Dow, a New Haven criminal defense attorney, said that if the men are charged with capital felonies, “the first thing any good defense lawyer is going to do is review all the facts that the state has in the case, because usually if it’s a capital case, then it’s pretty strong.”
He said that part of planning the defense also will be determining mitigating factors, “things in the person’s life that may have led to their becoming the person they are, the person that has acted this way.”
That could include not only testimony from expert witnesses such as psychologists or psychiatrists, but “character witnesses who know the person and the things that have happened in their life. You want to present the jury with a reason for why things have happened.”
Dow is not involved in the Petit case.
He added that when misinformation or too much information is printed in media reports, it makes it more difficult to find a jury that is unaffected.
“But you’re also talking about a case that is two-and-a-half to three years from coming to trial, and in that time a lot of people will move to Connecticut who’ve never heard about the case. So, it’s certainly not impossible” to get an impartial jury, Dow said.
Each man also will be entitled to his own attorney, said Dow, “someone who is completely dedicated to that individual.”
As of Tuesday, both men were represented by public defenders. It was not clear if they would hire private attorneys.
estrillacci@record-journal.com
(203) 317-2225
By Elisabeth Strillacci, Record-Journal staff
CHESHIRE — Now that the state medical examiner has deemed the deaths of a Cheshire woman and her two daughters homicides, what additional charges will it bring against the two suspects arrested?
That decision will “take a little time,” New Haven State’s Attorney Michael Dearington said Wednesday.
Joshua Komisarjevsky of Cheshire and Steven Hayes of Winsted already face numerous charges, including kidnapping, aggravated sexual assault and burglary, in Monday’s deadly home invasion.
The two men are accused of breaking into the home of Dr. William Petit Jr., a prominent endocrinologist, and his family, assaulting the doctor, forcing his wife Jennifer Hawke-Petit to withdraw money from the bank, sexually assaulting at least one of the three females in the household, then setting fire to the home before fleeing.
Neither Cheshire nor state police have speculated publicly on a motive for the crime or why the Petit family may have been targeted, but they have made it clear that additional charges will be filed.
The medical examiner determined that Hawke-Petit died from strangulation and the couple’s two daughters, Hayley, 17, and Michaela, 11, died from smoke inhalation. Dr. Petit is hospitalized.
State statute defines capital felony murder in part as: “Murder committed in the course of the commission of sexual assault in the first degree; murder of two or more persons at the same time or in the course of a single transaction; or murder of a person under sixteen years of age.”
If the men are charged with capital felony murder, they could face the death penalty. In order to consider putting someone to death, at least one aggravating factor must be met in the case, including “the defendant committed the offense during the commission of or attempted commission of, or during the immediate flight from the commission or attempted commission of a felony, and he had previously been convicted of the same felony.”
Both Komisarjevsky and Hayes have been convicted, respectively, of second-degree burglary and third-degree burglary prior to the Cheshire crime, and both of those are felonies. They were charged with burglary in the most recent Cheshire homicide, as well, meaning they technically qualify for the death penalty if they are charged with capital felony.
“We have to look at all the evidence, including the autopsy, and then look at the state statutes,” Dearington said. “It may seem like a simple case, and from some e-mails I’ve gotten, like one from a man in Texas who said these guys would already be dead, I know people may not understand why we’re taking the time with this. But we need to determine the conduct of each individual as best we can. There are two defendants in the case, and that may have an impact on the charges.”
William Dow, a New Haven criminal defense attorney, said that if the men are charged with capital felonies, “the first thing any good defense lawyer is going to do is review all the facts that the state has in the case, because usually if it’s a capital case, then it’s pretty strong.”
He said that part of planning the defense also will be determining mitigating factors, “things in the person’s life that may have led to their becoming the person they are, the person that has acted this way.”
That could include not only testimony from expert witnesses such as psychologists or psychiatrists, but “character witnesses who know the person and the things that have happened in their life. You want to present the jury with a reason for why things have happened.”
Dow is not involved in the Petit case.
He added that when misinformation or too much information is printed in media reports, it makes it more difficult to find a jury that is unaffected.
“But you’re also talking about a case that is two-and-a-half to three years from coming to trial, and in that time a lot of people will move to Connecticut who’ve never heard about the case. So, it’s certainly not impossible” to get an impartial jury, Dow said.
Each man also will be entitled to his own attorney, said Dow, “someone who is completely dedicated to that individual.”
As of Tuesday, both men were represented by public defenders. It was not clear if they would hire private attorneys.
estrillacci@record-journal.com
(203) 317-2225