Defendants in Connecticut home invasion argue about prison interviews, letters used in book

By AP
Wednesday, October 21, 2009

Conn. home invasion defendants argue about book

NEW HAVEN, Conn. — A defendant in a home invasion in which a mother and her two daughters were killed is trying to prevent his co-defendant from learning about prison interviews and letters used in a book about the high-profile crime.

Joshua Komisarjevsky and Steven Hayes, who blame each other for the 2007 home invasion in Cheshire, Conn., are fighting through competing court filings, including one submitted Wednesday in New Haven Superior Court.

Both men face the possibility of the death penalty if convicted in the 2007 killings of Jennifer Hawke-Petit and her daughters, 17-year-old Hayley and 11-year-old Michaela.

Author Brian McDonald recently published a book detailing Komisarjevsky’s version of the events, in which he blames Hayes. “In the Middle of the Night: The Shocking True Story of a Family Killed in Cold Blood” contains new details about what happened inside the home.

The book portrays Hayes as smiling and laughing during the crime and during his escape from the house, and wearing the school hat of one of the girls who was killed. Komisarjevsky says in the book that he watched Hayes strangle Hawke-Petit as she begged for her life and claims he wanted to help her but “froze up.”

He also describes repeatedly clubbing Hawke-Petit’s husband, Dr. William Petit, the only person to survive the attack.

Public Defender Thomas Ullman, who represents Hayes, has subpoenaed the state Department of Correction for information on McDonald’s jailhouse visits and other communication with Komisarjevsky.

That information was turned over to the court Wednesday under seal and has not been reviewed by prosecutors or attorneys for either defendant.

On Wednesday, Komisarjevsky filed a motion attempting to block Hayes from seeing the records, calling Hayes’ request “an impermissible fishing expedition” that violates his privacy.

Judge Jon C. Blue, who is newly appointed to the case, did not make an immediate ruling.

Hayes and Komisarjevsky are accused of breaking into the Petit home, severely beating Petit and forcing his wife to withdraw thousands of dollars from a nearby bank before they strangled her.

Their daughters died of smoke inhalation from a fire police say the intruders set as they fled after holding the family hostage for hours.

The two suspects are awaiting trial after pleading not guilty to capital felony murder, sexual assault, kidnapping and arson. Their attorneys have said they offered to plead guilty in exchange for life sentences, but prosecutors turned them down.

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