Sep 15, 2011

State Re-files 17 Counts in Komisarjevsky Trial

Lawyers for Joshua Komisarjevsky, refused to officially enter a plea for their client today at a hearing where the State re-filed 17 charges, changing Komisarjevsky's status to principle as opposed to accessory,  in various counts of the criminal charges against him.

The counts included the kidnappings of the two Petit minor girls, the sexual assault and murder of Michaela Petit, the murder of 17 year old Hayley Petit and  the only survivor of Komisarjevsky's planned evening of rape, robbery and criminal rampage.

Prosecutors, also changed Komisarjevsky's status for the kidnapping and murder of Jennifer Petit.  According to Steven Hayes, Komisarjevsky helped him tie up Mrs. Petit the moment that she and Hayes returned  from the Bank with the 15,000. Komisarjevsky had assured Mrs Petit that the money was all that the men wanted and that once procured, it would ensure the safety of her family, and the men's departure.

This was obviously not the men's plan; Komisarjevsky had just left his DNA on and in 11 year old Michaela Petit, as well as trace, be it hair skin clothing fibers etc near Hayley, both girls were found in Komisarjevsky's cell phone in varying stages of undress. Hayley's photo was timestamped just after 9:00 AM, moments after Steven Hayes left for the bank with Mrs Petit.  Why Komisarjevsky has not been charged with sexual assault of Hayley remains a mystery to me, as it is clear that at the very least he took nude photos of Hayley shortly before he sexually assaulted Michaela, both while Steven Hayes and Jennifer Petit were at the Bank.\

The photo taking is a common behavior of sexual predators, who use the photos to relive thier crimes long after they have murdered their victims.  This, along with tying Hayley in provocative position is legally considered a sexual crime. He obviously put her clothing back on before tying her back to her bed because her partially burnt body was found in shorts and a t-shirt.

Investigators testifying at the Hayes trial believe that Hayely escaped her binds at the last moment, but having been doused in gasoline she had nowhere to run but directly into the path of the strategically poured line of fire.

In today's hearing, Komisarjevsky's lawyers " allowed" the court to formally enter a not guilty plea for thier client, in their stead. This latest tack of refusing to enter a plea is supposed to somehow oppose the fact that their recent motion asking for a second probable cause hearing, was denied by Judge Blue, who laid out his reasoning very succinctly, Denial for 2nd Probable cause hearing

These very same attorneys, Donovan and Bansford, waived Komisarjevsky's original probable cause hearing, shortly after the Assaults and Murders, citing to press, that "there are many strategic reasons for waiving a probable cause hearing."  It is in fact, a legal strategy in certain violent crime cases where the evidenciary details that have enabled the state to charge the defendent, are so brutal,  so severe, that the Attorneys do not want those details read aloud, one by one, in front of the press whose members were present in both Hayes and Komisarjevsky's probable cause hearings in 2007. 

 Four years have past since Komisarjevskys attorneys waived his right to that hearing most and of the details of these crimes have since become public,  Joshua Komisarjevsky, who broke the long standing gag order on the case by corresponding and\interviewing with crime writer Brian MacDonald, for the  purpose of a quickie- published paperback based solely upon Komisarjevskly's version of  the crimes. Naturally he placed the ownice for the worst of the capital crime upon his accomplice Steven Hayes, lies that have been since disproven within the forensic evidence presented at Mr Hayes' trial.

In the book Komisarjevsky would sometimes forget himself and admit to things such as "I liked the way the younger Petit girl looked"  This at the area Supermarket where he admits to stalking the Jennifer Petit and her daughters and following them back to thier house keeping a  safe distance between the Chrsyler minvan that the Mrs Petit was driving and his work truck.

Over $500,000 of the State's money has been spent thus far on Mr Komisarjevky's defense. His trial is scheduled to begin Monday September 19th. Within a deluge of last minute motions, the defense has re-motioned for the Jury to be sequestered ( a motion that has already been considered and denied by Judge Blue) as well as filing a second motion for the entire trial to be moved out of New Haven Superior  Court.

Can anyone say abuse of process?