Victim's Advocate Supports Petit's Right to Attend Komisarjevsky Trial

The state’s Victim Advocate Office has filed a motion opposing the defense’s attempt to sequester Dr. William Petit as a witness in the second Cheshire home invasion trial.

The Victim’s Advocate, Michelle S. Cruz, said in the motion that Petit has a right to attend the trial under the Victims’ Rights Amendment of the Connecticut Constitution.

Last week, the defense lawyers for Joshua Komisarjevsky, the second Cheshire home invasion defendant, filed a motion to sequester all witnesses, including Petit.

Sequestering is the custom of keeping trial witnesses out of the courtroom when other witnesses testify so it doesn’t influence their testimony.

Superior Court Jon C. Blue gave interested parties until Aug. 15 to file written responses and scheduled oral arguments for Aug. 22.

Komisarjevsky’s trial is scheduled to start on Sept. 19. He faces the death penalty or life without possibility of release if convicted.

His co-defendant, Steven Hayes, was convicted last year and sentenced to die by lethal injection.

The defense said during the Hayes trial, Petit repeatedly referred to the testimony of the witnesses who testified before him. The attorneys said he has shown a tendency to shape his testimony based on testimony by other witnesses.

Petit is the lone survivor of the home invasion in July 2007 which resulted in the death of his wife and two daughters.

The Victims’ Advocate motion states that Petit is a crime victim, and so the Victims’ Rights Amendment entitles him to attend the trial and all other court proceedings.

The defense lawyers last week said Petit is not only a victim, he is also a "complaining witness."

The defense said allowing Petit to hear the testimony of other witnesses would jeopardize Komisarjevsky’s rights to a fair trial under the U.S. Constitution, which "the Victim’s Rights Amendment does not abridge."