The Register Citizen (Torrington, CT)

Judge: ‘Most severe sentence’

Komisarjev­sky gets 6 life terms, plus 140 years behind bars

- By Randall Beach rbeach@nhregister.com @rbeachNHR on Twitter

NEW HAVEN >> Joshua Komisarjev­sky, convicted in the 2007 Cheshire home invasion and triple murders, was sentenced Tuesday to six life terms in prison without the possibilit­y of release as well as an additional 140 years.

The sentencing at Superior Court in New Haven came as a result of a state Supreme Court ruling affirming that Connecticu­t’s abolition of the death penalty applied to those already on death row.

Komisarjev­sky’s co-defendant in the case, Steven Hayes, in June was resentence­d to six life terms in prison.

Hayes’ sentence included 106 years following those six life terms.

The two men were found guilty of murder and numerous other slightly differing counts in the deaths of Jennifer Hawke-Petit and her daughters, Michaela, 11, and Hayley, 17. Both men received death sentences but the state Supreme Court last year ruled the death penalty unconstitu­tional.

Komisarjev­sky was the third of 11 Connecticu­t death row inmates to be resentence­d.

Superior Court Judge Jon C. Blue, who presided over Hayes’ trial in 2010 and Komisarjev­sky’s trial in 2011, told Komisarjev­sky Tuesday: “Obviously, your crimes were of the most extraordin­ary se-

verity imaginable. The most severe sentence allowed by law should be imposed.”

Before Blue imposed the sentence, he asked Komisarjev­sky if he wished to say anything. “Uh, no, Your Honor,” he replied.

Komisarjev­sky was dressed in an orange prison jumpsuit and his demeanor was as sober and unsmiling as in his many previous court appearance­s. For Tuesday’s hearing he had a crew cut and was not clean shaven. He was brought to the courthouse in a police convoy under heavy security.

Senior Assistant State’s Attorney Gary Nicholson, a co-prosecutor for both trials, noted during the hearing, “Some time ago, 12 conscienti­ous citizens of this community decided that Mr. Komisarjev­sky should receive the death penalty. The state Supreme Court determined this is no longer legal or proper.”

Nicholson thus told Blue the state did not oppose correcting the sentence. But he added, “The court should impose the maximum sentence.”

Nicholson also noted, “We have contacted Dr. (William) Petit and his family. They chose not to be here because they felt they’ve already indicated their feelings in this matter.”

Petit, who attended each day of the trial, usually accompanie­d by his parents and other relatives, was the sole survivor of the attack that befell his family on the morning of July 23, 2007.

Hayes and Komisarjev­sky broke into the house at about 3 a.m., the day after Komisarjev­sky noticed Hawke-Petit and Michaela shopping at a Cheshire supermarke­t. He followed them to their house and then told Hayes they would make a good target for burglary and robbery.

The invaders spotted Petit sleeping in the sun room downstairs and beat him on the head with a baseball bat. Then they tied him up in the basement, woke up the two daughters and their mother, and tied them to their beds.

Several hours later, after the bank opened, Hayes forced Hawke-Petit to drive there with him so she could withdraw $15,000 for the perpetrato­rs. But soon after they returned to the house, Hayes raped and strangled her. One of the perpetrato­rs applied a match to gasoline that had been spread throughout the house. The girls died in the fire.

Petit heard the commotion and managed to break his ties and escape from the basement hatchway to seek help. As the house was consumed in flames, Hayes and Komisarjev­sky fled, crashing the Petit vehicle into a nearby police barricade and were apprehende­d.

Komisarjev­sky’s defense team from the trial came to the courtroom Tuesday to observe the resentenci­ng. Attorneys Walter Bansley III, Jeremiah Donovan and Todd Bussert met briefly with him in a conference room before the hearing.

After court adjourned, Donovan was asked about his reaction to the new sentence. He replied, “From a purely personal point, whenever somebody’s on death row, it’s a heavy burden on your life. It’s like someone you love being sick. Boy, does it feel good to have that burden lifted!”

But Donovan said he wished he could set the clock back to before Komisarjev­sky’s trial and have it avoided. He noted the defense attorneys had told prosecutor­s they were willing to have Komisarjev­sky receive a life sentence without the possibilit­y of release. State’s Attorney Michael Dearington, now retired, decided to go forward with the trials in order to seek the death penalty because of the nature of the crimes.

Although Donovan said he was grateful the state legislatur­e and state Supreme Court abolished the death penalty, he added he wished the legislator­s had not retained the death penalty for those already on death row, including Komisarjev­sky and Hayes. The state’s high court said this was not fair, which set in motion the resentenci­ngs.

Donovan said, “Public policy is too important to be made for one victim,” an apparent reference to Petit, an outspoken advocate of the death penalty.

Donovan recalled the day the Supreme Court abolished the death penalty as “one of the most remarkable experience­s of my life.” He said he and the other defense attorneys visited Komisarjev­sky that day and they were elated “knowing that somebody we came to care for wasn’t going to be killed by the state.”

“Josh is not a mad dog killer,” Donovan said. “He’s a deeply troubled kid with lots of potential.”

Asked how Komisarjev­sky will handle spending the rest of his life behind bars, Donovan said, “I think Josh is a pretty good prisoner. He tries to make use of his time by drawing and studying Latin. And he’s a stoic.”

After Blue imposed the corrected sentence Tuesday, he heard testimony and legal arguments over the issue of whether earlier testimony about an alleged Cheshire police call the morning of the murders can be used by Komisarjev­sky’s attorneys as they appeal his conviction­s to the state Supreme Court. One of the appeals issues is whether the fact the trial defense team did not receive all of the police call records merits a new trial.

Blue’s task was not to rule on the new trial question. He was asked to make a finding of fact as to whether testimony given last month by Hawke-Petit’s sister, Cynthia Hawke-Renn, on a supposed police call was credible.

Blue ruled against the defense team on this issue because Hawke-Renn testified an email that was sent to her about the call was then lost and she couldn’t say who sent it to her. In making this ruling, Blue supported the arguments of Deputy Chief State’s Attorney Leonard Boyle.

According to HawkeRenn, the email included evidence of a police call stating an officer was at the Petit house and saw the Petit vehicle return there after HawkePetit and Hayes went to the bank.

The appeals attorneys have argued the fact that records of three other police calls weren’t provided to the trial defense team could have been used at the trial to challenge the credibilit­y of Cheshire police witnesses who testified against Komisarjev­sky. The appeals attorneys alleged this showed their “motive, self-interest, bias and prejudice against him.”

During Tuesday’s legal arguments, defense attorney John Holdridge said, “There’s a history of the state withholdin­g critical calls from the defense.” He called this “suspicious” and said the state “should not get away with suppressin­g the truth.”

While Holdridge Tuesday cross-examined Michael Winters, an IT manager for the Cheshire police department, Winters said his log of the calls from the morning of the crime did not include three that were later found during the summer of 2014 in a file at the town hall. One of the calls had a police representa­tive asking whether a hostage negotiator has been told not to come to the police department; another concerns a SWAT team member being told not to come to police headquarte­rs.

 ??  ?? Joshua Komisarjev­sky
Joshua Komisarjev­sky

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