This post was contributed by a community member. The views expressed here are the author's own.

Community Corner

Prosecutors Oppose Komisarjevsky Motion to Avoid Death Penalty

State's Attorneys say defense has misinterpreted Connecticut's capital punishment law.

Prosecutors in the Cheshire home invasion murder case have argued that Connecticut law does not give the judge the power to override the death penalty without a trial.

The prosecutors were replying Thursday to a motion by defense lawyers for Joshua Komisarjevsky that offered to plead guilty to capitol felony murder in exchange for a sentence of life without possibility of release, instead of the death penalty.

The reply brief was filed on the second day of jury selection in New Haven Superior Court. One juror, a doctor at the Yale School of Medicine, was selected Thursday out of the first group of 40 prospective jurors.

Find out what's happening in Southingtonwith free, real-time updates from Patch.

Trial Judge Jon C. Blue said another judge would hear the motion, which was filed on March 11.

"The defendant’s position is based upon a glaring misreading of our statutes," said the prosecution reply brief, filed by State’s Attorney Michael Dearington and Senior Assistant State’s Attorney Gary W. Nicholson.

Find out what's happening in Southingtonwith free, real-time updates from Patch.

They said the defense claimed state law "gives the court discretion to sentence the defendant to life imprisonment and mandates fact finding hearing only where the judge decides not to so."

But Dearington and Nicholson said if the defendant in a death penalty case pleads guilty or is found guilty at a trial, the law requires the judge to hold a separate hearing to consider aggravating and mitigating factors.

The only exception, they said, is if prosecutors stipulate to certain factors that are not applicable in this case.

The brief states in the first paragraph: "The State of Connecticut is seeking a guilty verdict in the so-called guilt phase with the intention of proceeding to the penalty phase where it will seek the death penalty."

Komisarjevsky, 30, faces 17 counts including capital felony, kidnapping, arson, larceny, burglary, assault and sexual assault for the  2007 murders of a Cheshire mother, Jennifer Hawke-Petit and her two daughters, Hayley, 17, and Michaela, 11.

His co-defendant, Steven Hayes, 47, had filed during a separate trial in 2010 the same motion that Komisarjevsky did. That motion was denied and Hayes was ultimately convicted and is now on death row.

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?