Feb 11, 2011

The State responds to Komisarjevsksys motion to disqualify Judge Blue

That was pretty darn swift; IE an answer from the State regarding Joshua Komisarjevsky's motion to get rid of Judge Blue, the very same who presided over the Steven Hayes case. A very somewhat folksy type of judge... don't let the folksiness fool you; He knows his law, he takes no guff from either defense attorneys,nor state prosecutors,and from my vantage point he was extremely fair regarding his adjudication of the Hayes procedures, which had they been under another Judges rule,  may very well have turned into complete media mayhem...
thankfully did not.

 Although allowing the media access to the Internet by allowing the reporters to bring in laptops, I Phones, and other such devices whereby they could post in real time what was occurring within this Trial, including observations made re.the family's reactions to upsetting testimony,etc.  Blue drew the line at allowing anyone to use their devices to tape or videotape the proceedings, which many have speculated whether or not this took place.despite the prohibition  myself included.As this case involved sexual assault charges against a minor and a non minor, as law provides,no Television cameras are allowed in the courtroom itself.

However Judge Blue made it clear that with these new exceptional devices, came even more responsibility
than reporters had had in the past and this new privilege, came some equally sensible limits; After all, we were all  in uncharted territory, insofar as the by now infamous tweeting, which the judge decided to allow from the courtroom, allowing there reporters to report live in effect via statements(Tweets) 140 characters or less describing whats happening.

Apparently in Twitterland, as I joking dubbed it,there is in fact a limit on how many tweets a person can make in a day and at least one reporter was known to have exceeded  her daily limit;If I recall correctly it was Helen
Ubinas from the Courant,aka"Notesfromhe" IE her twitter moniker.

All of this silliness aside the main points is that the entire privilege these new media mediums were to be allowed according to Blue, as long as they did not disrupt proceedings.

That qualification was in fact the steadfast rule all electronic devices and even artist sketchers for that matter, throughout the Hayes trial Basically Blue seemed to be saying ' Keep it respectful,  remember that this is court of law, there is  a capital murder trial going on, three people have been murdered, a child among them, others has been raped, and one of the men accused has a life possibly hanging  the balance of this jury's ultimate decision.

It appears Blue walked this at -times- tightrope- of -sorts extremely well in fact. The news was reported
via this brand new medium. Few distractions occurred one was a reporter typing too loudly on her laptop-Judge blue admonished her and told her to be quieter or remove herself from the court.

The other distraction is rather ironic as it was a most bizarre and terribly timed cell phone going off in the middle of what was some awful graphic testimony about Michaela Petit' autopsy, and who was the culprit?   Why none other than Jeremiah Donovan---and it should be noted,that Donovan's cellphone was blaring three dog nights version of "joy to the world",as he scurried from the room to answer it.

Joy To The World.

Pretty amusing if not for the situation .

In any case if you read the  willy-nilly blather within the motion to disqualify Blue written- no doubtedly one of the  legal aid minions for Komsarjevsky(via Donovan and co.)  Its clear from the start although their aim is to disqualify Blue , you'd think that he behaved one step short of commitment to the nearest mental health facility.

As I stated in my prior posts,which addressed some of these time wasting motions, it is the defense aim to
throw enough junk at the wall hoping some of it might stick ( a fine lawyering maneuver )
When I was in court during the Hayes trial, Blue struck me as an impartial judge, who certainly was not taking sides, and in fact I distinctly noted that he gave a give a wink of two to a few of Hayes' defense team expert witnesses, a simplified but clear example that he impartial to these men insofar as professionally and personally/is not the type of man, nor judge, that 'judges' a person by which " side" they're on in this particular case even when that case involves the rape and murder of a child) and which side is in. And we don't have to even broach his impressive professional judicial resume.

  The point is that this motion,to replace Blue, like nearly every one of the ten motions that Jeremiah Donovan ET AL, has had his minions typing up earnestly, while his wife and grandchildren sleep peacefully,is nothing but a fishing expedition/ procrastination and  within this plethora of pointless paperwork which causes a waste of tax payers money money which could be used for any number of positive and worthy causes, including helping the victims of crimes that miraculously managed to survive against all odds and might need a assistance from society to get back on their feet;  this year likely they will get a door shut in their collective face.
In any event for those interested,  here is the state of Connecticut's response to Komisarjevsky motion to disqualify Judge Blue, among other things. Its really quite fascinating to read and there are two documents on Scribed that have similar language they are not duplicates-two separate documents.
Read on!


Stae vs Komisrajevsky memo re motion to disqualify Judge Blue et al