Oct 5, 2011

Judge Denies Motion to Acquit Komisarjevsky, Says There's Enough Evidence to Send Case to Jury

One thing that has not been discussed regarding the Komisarjevsky Trial in the media is Judge Blue. Blue who also presided over the Hayes trial, has consistently made fair minded and sound rulings in the Joshua Komisarjevsky case.

He has done so once again within  his recent denial of the defenses last motion to acquit,this just after the Prosecution rested. The linked article in the Litchfield online paper gives most of the details, but a quick synopsis; the defense claimed that the state had failed to prove intent for their client in  murdering the Petit girls Hayley and Michaela. As is his signature judicial style Blue backed up every solitary legal point salient point by salient point, proffering ample evidence for each pat of his decision. He often used at least a handful of pertinent legal casework precedents, when they are called for, and most of all his keen eye for smelling out B.S and a bevy of common sense, something that the defense could use more of in their wasteful motions..

I was impressed with the Judge when I saw him in action in the Hayes trial and I've followed every single one of his rulings on the plethora of motions filed by this clearly desperate defense team.

He has followed suit in the Komisarjevsky trial with a few surprising exceptions; There have been multiple courtroom incidents where he not only failed to protect William Petit Jr. a victim of these violent crimes as well as the Petit's and their extended family, insofar as to protect their rights as victims of violent crime.

 The office of victim services or OVS has in fact an article of victims rights, and it is clear that more than a few of the basic tenets of these rights have Been liberally and purposely trampled upon by Attorney Donovan lead counsel for the defense. The offenses ranging from name-calling ie the Petit family the "Petit Posse"  to the press the court and within his opening statement, as well as victim baiting in what could only be seen as a needlessly aggressive cross examination of the sole surviving victim of his clients attempted famicide.

Pettiness and smallness seemed to dominate this small man's thinking and tactics, and many legal experts agree that this behavior is decidedly not helping his client. In fact, the chronic bullying and ugliness, ranging from constant haranguing over the family wearing memorial pins celebrating the lives of their lost loved ones and the foundation built in their spirit, leaves a bad taste in everyone mouth, and has shocked many.

What shocked me more than this, was Judge Blues uncharacteristic refusal to intervene, even when prosecutor dearington quickly objected to Donovan's sweeping address of the surviving victim and his gracious and humble family members,  as the Petit posse. The Petit and extended family are in fact victims of these crimes as well. ( The late Sharon Tate's mother is responsible for victims impact statements being allowed prior to a violent criminals sentencing, as well as formerly defining family members of murdered victims, as victims of those crimes as well. One violent crime ripples through multiple families communities states and beyond.

 For whatever reasons, and I suspect a few, Judge blue pulled way back as Donovan launched his various bullying sessions  while Bill Petit was on the witness chair, or simply when addressing the court, the media or abusing motions that contain the same language and complaints that already have been aired in one of more of the aforementioned platforms. As Ive said before, a real need for attention seems to drive a good deal of this defenses behavior. Jude blue actually replied to Dearington "I'm not the word Police"!  meaning he was not going to address Donovan's abuse of the victim and his family. He is fully aware that the Petit family has carried themselves with grace and nothing resmbling a posse like gathering, yet he chose to stay mum knowing the victims were being abused.

I also noted that Judge Blue admonished Joanne Petit Chapman for wearing a shirt with the Petit Logo on it to Court, after Donovan brought it to the attention of the entire court, after citing that the small pins with the same logo were able to be viewed by the jury, and therefore highly "prejudicial to his client" this, a kind of a mantra of his that anyone who's attended the proceedings is well aware of.

I suspect that Joanne Chapman the Petit girls aunt and William Petit's closest support system, wore the shirt as a way of saying I'll wear the Petit foundations logo if I please no matter. The fact of the matter is that Donovan tried to place a pre-trial motion to disallow these small pins to be worn in court, as he'd noted they were during the Steven Hayes trial,(which Donovan attend nearly every single day of, taking copious notes)

 When the motion was denied by Judge Blue, Donovan refused the let the issue go -  as appears to be his belligerent style aka sour grapes. However in bringing the pins up at every turn in the proceedings, he himself brought them to the attention of this jury over and over again, defeating the very notion that he worried the pins were prejudicial to his clients. His client was prejudicial to his client, not tasteful pins depicting three doves, a symbol of peace. 

So, why the change in the good Judge? I believer the most obvious answer is that Judge Blue is doing his best to appear utterly impartial, fair within this trial, lest he again be accused of being partial to the prosecution - more sour grapes. I hadn't thought Blue would cave in like this even in the smallest of ways, but I have to say I was deeply disappointed by his almost glib answer that he wasn't the "word police" to Mr Dearington.

In fact as the presiding Judge, Blue is the word police,; If those words are abusive and designed to incite, it is his obligation to put a stop to such tactics and to admonish the attorney. Hopefully, Judge Blue doesnt carry forward  this need to over compensate to prove that he is impartial, simply because this defense has already said that they will do whatever it takes to "save the life" of Joshua Komisarjevsky

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