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Defense Calls for another Mistrial in Home Invasion Case

Evidence possibly linking the accused to the deadly house fire that killed two girls was also presented.

A supporter of the Petit family reportedly approached a juror on the murder trial to say, “thank you for what you're doing," reported ABC News. The defense asked on Monday for a mistrial, but the judge turned down the request.

According to ABC News:

Walter C. Bansley, a defense attorney, said that he did not believe Komisarjevsky could get a fair trial. Bansley called the spectator's actions part of a "pattern of intimidation" by Petit supporters.  

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New evidence in the case was provided by chemist working for the state. Gasoline was found on Joshua Komirsarjevky’s clothing. The Associated Press noted that Komisarjevsky previously blamed his accomplice Steven Hayes for starting the fire that killed two girls.

Under cross-examination, Komisarjevsky’s attorneys noted he did not have gas on the gloves he wore and suggested the fuel could have come from construction work Komisarjevsky did.

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Update at 5:37 p.m. on Sept. 29

The judge presiding over the Joshua Komisarjevsky trial denied the defense’s attempt at a mistrial on Thursday.

According to the Hartford Courtant, Defense attorney Jeremiah Donovan said that several members of the Petit family leaving the trial before yesterday’s testimony about the sexual assault and death of Michaela Petit was a “stunt” that warranted a mistrial.

"They left en masse," Donovan said, according the Courant. "It seems to be that is so prejudicial to my client."  

Superior Court Judge Jon Blue reportedly said trial spectators can leave as they please and rejected the notion of a mistrial.

Update at 5:07 p.m. on Sept. 28

Hours before Joshua Komisarjevsky and Steven Hayes invaded a Cheshire home, the former texted that he was “chomping at the bit to get started” to his accomplice. On Wednesday, jurors also saw graphic photos Komisarjevsky allegedly took of 11-year-old Michaela Petit, who he sexually assaulted.

According to ABC News, the photos were taken to potentially use as blackmail if Michaela’s mother, Jennifer Hawke-Petit, didn’t do as she was asked.

Six images were of "a young, white girl" [state forensic scientist] John Brunetti testified today. And two of Komisarjevsky himself. In his audio taped confession, Komisarjevsky admitted to molesting the girl and ejaculating on her as she was tied to her bed.

All 18 jurors, including 6 alternates, looked at the pictures as the folder slowly passed from one to the next. Several of the jurors seemed subdued after viewing the images.

After Komisarjevsky sent the text saying he was “chomping at the bit,” Hayes responded “Dude, the horses want to get loose. LOL,” reports the Associated Press.

The Associated Press also reported that a medical examiner found no traces of drugs or alcohol in Komisarjevsky and Hayes.

Update at 10:50 a.m. on Sept. 28

A video containing audio excerpts of Komirsarjevsky's confession to police has been added to this article. Some of the scenes described are graphic and disturbing.

Update at 4:50 p.m. on Sept. 27

The jurors weighing the fate of accused murderer Joshua Komisarjevky were shown photos of Hayley Petit’s room. The 17-year-old girl died from smoke inhalation after being bound during the home invasion.

According to the Hartford Courant:

Prosecutor Gary Nicholson took jurors inside the Petit home, to Hayley Petit's bedroom, showing photos on a movie screen of the 17-year-old's burned bed and soot-covered walls. Materials resembling nylon stockings were tied around the bedposts of Hayley's bed.

Investigators took samples of burnt rug near the side of Hayley's bed, State Police Sgt. Karen Gabianelli testified, after a police dog trained to identify accelerants hit on the area.

According to the Associated Press:

A dog trained to detect gas found spots believed to be accelerants on the floor of the girls' bedrooms, in the hallway and on a staircase, Connecticut State Police Sgt. Karen Gabianelli said.

Jurors also were shown photos of melted plastic containers that held the gas and the victims' charred clothes. They also saw knit hats with holes cut in them recovered at the scene authorities say the men wore.

Update at 4:25 p.m. on Sept. 26

In the second week of trial against accused murderer Joshua Komisarjevky, a Cheshire detective told jurors that the accused showed “no remorse” about the home invasion that left a mother and her daughters dead.

The witness was Det. Joe Vitello, of the Cheshire Police Department. According to ABC News:

During cross examination, [defense attorney] Walter Bansley asked the detective if Komisarjevsky cried during his confession, and the detective replied, "Never."

When Bansley asked if Komisarjevsky showed any emotion, Vitello said with a tone expressing amazement, "Not once."

The Associated Press said the testimony was damaging to Komisarjevky’s efforts to shift blame to his co-defendant, Steven Hayes. Vitello testified that Komisarjevsky said he may have started the fire that burned down the Petit house. 

Detective Joseph Vitello's testimony undercut efforts by Joshua Komisarjevsky's lawyers to blame his co-defendant, Steven Hayes, for pouring the gas. Hayes was convicted last year and is on death row.

To see the full report including details from the first week of the trial, .


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