Oct 12, 2011

Komisarjevsky defense tried to play Blame Game In Petit Family murders

Today's closing arguments in the trial of Joshua Komisarjevsky brought little surprises from the defense team who have basically worked and re-worked the tired shift the blame to the second hand-man defense, a theme that they have consistently tried to sell to this particularly intelligent, educated jury from the onset of this trial.

The attempt to blame Komisarjevsky's accomplice,Steven Hayes for all of the capital crime responsibility( those crimes punishable by the death penalty) actually began BY Komisarjevsky himself, shortly after he was taken into police custody, most evident within the taped recorded statements that he made to detectives voluntarily as he had a history of doing throughout his criminal past, always thinking it would make him appear cooperative and helpful with Police. The tapes statements are very telling and are now available online.

This pattern erroneously re-creating the facts of the Petit home invasion continued in a pre-trial campaign involving both Komisarjevsky and his lead attorney Jeremiah Donovan, both of whom committed flagrant violations of a strict gag order placed on the case shortly after the probable cause hearings. A gag order which prohibited the attorneys and defendants police and witnesses from discussing anything about the crimes. The order was ironically placed by Judge Damiani in order to protect the defendants right to a fair trial, in limiting the medias coverage of the details of the crimes, in order to protect the jury pool as much as was humanly possible considering many facts of the crimes simply came out via the community and the many friends neighbors co-workers etc aware of the case. As well the relatively short period before the gag order was in place resulted in the local papers and media managing to procure some facts via th.e F.O.I act. One local newspaper the Hartford cour ant even sued the court in an attempt to release the gag order but they were unsuccessful.

In the meantime Joshua Komisarjevsky made a decisions that would forever change the scope of the case and yet it hadn't yet been broached within the trial nor the closing arguments.

Attorney Donovan seemed to share his clients belief that the rules of the court does not apply to either of them; Donovan even w so far as to use the media gathering at Steven Hayes trial to basically try to nullify definitive forensic testimony that had just been announced within the days trial happenings. The evidence showed that his client Joshua Komisarjevsky had sodomized the youngest Petit girl shortly before her death. Attorney Jeremiah Donovan had attended that day's testimony as he had every single day of Hayes's trial - something that I felt was extraordinarily unfair from a criminal law standpoint and should have been forbidden by the original ruling judge Fasano, especially considering the two defense teams were adversarial and had fought to disallow simultaneous trials which would have substantially lessened the pain and trauma for the victim's family and the beleaguered survivor, William Petit.

But Hayes and Komisarjevskys attorneys fought tooth and nail against the prospect of simultaneous trials, and it soon became clear that Donovan intended to make the most of the fact that his client was to be tried after Hayes, giving the Komisarjevsky defense a birds eye view of Hayes's defense tactics, what worked, what did not work, as well a comprehensive outline of the testimony against both men.

Komisarjevsky had drawn first blood by attacking Dr Petit with a baseball bat with a sadistic unnecessary force, and he was the first man to sexually assault anyone in the home. He had been sneaking in and out of Michaela Petit room surreptitiously whilst her mother Jennifer was in the House tied up in a different bedroom in a sepearte part of the house.
He still needed Mrs Petis trust and compliance in obtaining the 15,000 dollars from her bank as soon as the bank opened later that morning. In the meantime Komisarjevsky had sent Hayes out to procure gasoline to burn down the home,the bodies of Michaela whom he'd already been molesting taking photos of, even making her change into different outfits including a schoolgirl type garb which he later cut off of her.

The full sexual assault however he cunningly waited to commit until after her mother left the home and no longer was a consideration. This level of shrewd manipulation of his target's mother as well as Michaela and even Hayes, shows that Komisarjevsky was no dear in the headlights caught in the middle of a robbery gone wrong as his defense paid psychologist and defense has tried to depict. Cognitive difficulties, difficulty responding to new situations" etc etc

There is proof after proof after proof that this man was in fact the leader the master leading the show and in fact he made continual disparate remarks about Hayes throughout his statement to police as well as his letters and interviews with MacDonald and even in his own writings, which as with everything else about Joshua Komisarjevsky, are self serving and thus never to be taken at face value, one must have all the facts first and even then, carefully read between the lines.

I am pleased to report that the prosecution did a good job today, tying up the loose pieces of the States case well within their closing argument. The assistant States attorney closed today rather than Michael Dearington, the lead prosecutor who had handled most of the case thus far. The Jury was given a significantly more comprehensive and thus convincing argument against the defenses continued notion that Komisarjevsky's accomplice was the perpetrator of the murders, and the sole reason that this home invasion turned into multiple rapes and a triple murder.

The prosecution delved farther into Komisarjevsky's obvious obsession and sexual interest in 11 year old Michael Petit, after first targeting her at the stop and shop in Cheshire that very afternoon. This attraction from the start was clearly the main motivation for the entire crime spree, including Komisarjevskys using Jennifer Petit's attractiveness in order to lure his partner in crime Steven Hayes's by enticing him with visions of a house filled with attractive females when he knew Hayes had a shared interest in a home invasion with sexual assault/rape as it's centerpiece. This is what brought these men into this particular household on this particular evening.

It has been clear from the start that Joshua Komisarjevsky was the instigator of these crimes and  also the more refined, meaning more dangerous, sociopath within the pair. He had orchestrated the home invasion, culminating in the decision to destroy all proof/evidence of the men's presence in the Petit home, including his DNA on and inside of Michaela's body, despite the fact that he made her, not allowed her, to take a shower just prior to murdering her in the most cruel and cowardly manner. Tied to her bed, doused in bleach, in a likely attempt to kill any stray DNA left on her body, then gasoline sloshed upon her and her bedding. This was done last after a path had been poured to little Michaella's room, emanating from her sister Hayley's bedroom and the downstairs of the house on and around on Mrs Petit's already lifeless and strangled body which Hayes had sexually assaulted just prior to murdering her, supposedly at Komisarjevsky's order.

Some of the defense's assertions within their closing remarks were even more detestable than their usual fare; and as usual ,most of it came from attorney Jeremiah Donovan, who at one point had the audacity to say that Hayley Petit could have saved her life had she just jumped out a window in her bedroom, rather than running out of her bedroom door straight into the path of the fire!

It was not only morally repugnant that this defense attempted to pull a last minute lie of this caliber, that we've heard not a peep of all along, but even worse blaming the victim yet again for not having the good sense to jump out her window, this when she had a pillowcase over her head which he put there, and hayelys restraints actually burned through because her bed had been so saturated with gasoline that she literally was on fire as she ran through thick acrid poisonous smoke blindly trying to make her way out.

Perhaps the strong Hayley was trying to save her sister Michaela down the hall. We will never know. What we do know is that she suffered terribly and Joshua Komisarjevsky not only targeted her family for this night of crimes but he followed them home and sized up their house for easy access points. He then made it all happen by breaking in quietly as was his specialty,ultimately smashing Dr Petit over the head with a bat repeatedly, he now had brought these crimes to a level of serious felony convictions for both men and that moment marked the beginning of the end for the lovely Petit Hawke Family.

In today's closing argument suddenly Donovan claimed that his Komisarjevsky closed the doors to the girls rooms in order to buy them more time " in the fire, which again we are all hearing for the first time and is yet another total fabrication by Komisarjevsky and/or his defense brainstorming for any feasible humane actions that this man could have taken, that cannot necessarily be dis proven upon short notice within closing arguments.

In fact, in his taped statements to Police when asked by detectives why he had not untied the girls once Hayes supposedly "went on a rampage stating that the whole place had to burn, claiming as felons the men both had their DNA on file and...just one hair off his head... " And that's when he stumbled upon his words realizing that Hayes had a shaved head thus rendering such a proclamation by Hayes as ridiculous,) One can hear komisarjevsky catch himself, but a second too late and say... um or um...or a piece of skin, anything. " and then we'd be caught. Mind you this sudden meltdown by Hayes supposedly occurred before he had sexually assaulted anyone in the house. He had not beaten anyone, Komisarjevsky on the other hand had beaten Bill Petit almost 10 times over the head with a bat, which was clearly overkill and sadistic, the assault could have easily become fatal at any time.

The defense also attempted a postponement in the proceedings reportedly in order to procure alleged new evidence that would show the jury that a recent alleged letter from Steven Hayes  taking credit for 16 murders in the northeast and a bunch of drugged date rapes has suddenly beeen found.

What is interesting is that I recently posted a hypothesis that both men seemed much too at ease with the fact that they had just participated in their first murder when Jennifer Petit was raped and strangled by Steven Hayes- after Hayes claimed that Komisarjevsky told him to " take care of her!" meaning to kill her now that they'd gotten what they wanted the money.

The money was no doubt an indirect unspoken offer to the men to basically keep them away from her daughters and buy their goodwill hoping they would go away as promised. This educated guess was reinforced when listening to Komisarjevsky's taped statements to police stating that Jennifer Petit had asked to see both of her daughters before she went to the bank with Hayes, which Komisarjevsky claims he allowed adding that it seemed to relieve Mrs Petit and really gave "KK comfort to see her mom"
Of course he had re- dressed her in her pajamas after his cell phone pictures taken between  6;48 and 7;45 am. The idea of this sneaky scenario brought up anger and disgust on multiple levels; First, being familiar with a sociopaths mindset and to thus hear this man refer to 11 year old Michaela by her family nickname, sounded what it was ;  obscene. And yet, as slippery and wily as he was, he couldn't see that he was in fact betraying himself as a pedophile and sexual predator of children to the detectives who were recording every word.

This is why Its always best to go back to the earliest confession /statements made to authorities, family members or whomever. At that point Joshua Komisrajevsky hadn't had time to work on his story, he'd not been coached by a triad of state financed lawyers who would tell him what to say and not to say as well as directing to expound upon truths and half truths which had already admitted to authorities and others, and even to invent things that might help him look better such as closing the girls doors to help them. "

Police who were hidden in the woods surrounding the property stated that Komisarjevsky ran back into the Petit house while Hayes was still in the home--this komisarjevsky claimed was because Steven Hayes was taking too long lighting the fire; Fumbling with a book of oversize matches, according to komisarjevsky, supposedly Hayes got the match lit and dropped it on the third try, and then the two men ran out quickly with Komisarjevsly in the lead and Hayes literally on his heels. When does this leave time or room for Komisarjevsky to have shut the girls bedroom doors? It doesn't. As well we cannot be certain that Hayes didn't get cold feet lighting the match that would kill two young girls by burning them alive. Perhaps he began to think about how much he was getting his hands dirty and he just claimed he couldn't light the match.

In this case Komisarjevsky might have ran back to find out what was taking so long and lit the match himself. Police report that both men ran out of the house laughing. Laughing. Once again Komisarjevsky who knew that this laughter was in public reports, tried to re invent the testimonies and thus the facts within the MacDonald interviews claiming that as ,they ran out of the house Hayes let out this crazed high pitched scream. Once again I believe this is an highly manipulative sociopath trying to get over on the public and re create what is already damning witness testimony that showed him to be the conscienceless monster that he is.

As the defense sunk to blaming the victims of their clients massacre for their own demises, they also again criticized the Cheshire police department for not moving into to the home sooner, so that they could presumably save the men from their own evil tendencies.
What kind of attorney would not be embarrassed to use such perversity as a defense, much less reiterate it within their closing argument to resound in the Jury's hearts and minds?

First of all I need to point out that I myself made an observation within a Blog post just last week, regarding both men's seeming comfort level with murdering another human being ( Jennifer Petite) considering it was supposed to be a first for either man to commit or witness. I mostly used the information gleaned from first hand testimony, to question whether or not this was either man's first time murdering or at the very least being in the presence of a murder.

I made more observations regarding both men's criminal history and how common it is for many unsolved cold case sex and or murder crimes to go cold when in fact the killer may even wind up in prison or paroled and is simply not categorized as a sexual predator or violent offender thus are never looked at as possible suspects. This was the case with both Komisarjevsky and Hayes - but it was komisarjevsky in my opinion that showed multiple symptoms of predatorial behavior that revolved around control and power and evolved stalking-involving the use of night vision goggles within his many many many home break-ins, in which he bragged to anyone who would listen that he didn't find them exciting unless the homeowners were home. He also had a history of pedophile behavior including being guilty of statutory rape at the age of 22 impregnating a fourteen year old girl who gave birth to their daughter when she was 15.

It was Komisarjevsky again who betrayed the notion that he was upset and devastated by Hayes sudden and unexpected strangulation of Mrs Petit after the rape. In reality both men tied up Jennifer Petit the moment she returned home from the bank with the ransom money, now safely in the possession of the men.
My earlier assertion that perhaps one or both of these men had killed before stemmed from an interpretation of both William Petit Jr testimony as well as a police officer near the scene's who reiterated what followed in the minutes after Mrs Petis murder by strangulation.

Petit again claimed he heard loud thumping noises assumed to be Hayes raping Mrs Petit and then terrible moaning sounds following which he thought could be his wife. At which point he states that he yelled up the stairs something like hey! To which the one man who had done all the talking ( Komisarjevsky) the same one who'd beaten him with the bat and later assured him no one would get hurt they'd take the money and be on their way " This again might seem as if Komisarjevsky is being almost human, but in fact he is being extremely manipulative, realizing it is best to keep his prisoners calm and compliant, as Jennifer Petit was, as evidenced by her statements to the bank teller, "they are wearing masks, they said as long as police aren't called... no one will get hurt... they are being really nice, I think they ll go away once they get the money."

These comments by Mrs Petit as well as her overall mindset in regards to the kidnapping was conveyed to the Cheshire police by the bank manager who said that although Petit indicated that she believed the men, the manager herself decided to call police despite Mrs Pet its assertions.

Also broached by the Komisarjevsky Defense in today's closing arguments was another rather ironic claim that Steven Hayes had supposedly made a statement to the same woman that he he allegedly wrote the letter claiming having 16 kills etc. In this part of perfectly timed confessional, he also told her that he had planned on killing Joshua Komisarjevsky when the crimes were over.

The reason that this claim is so absurd is the very same reason that the defense's sudden claims of a letter from Steven Hayes admitting being a serial killer suddenly materializes just when the press addresses their clients obvious ease and comfort in a attacking a man with a bat to the point of swinging 10-12 times as hard as I could as if chopping wood"( quote taken from interview with writer Brian MacDonald. )

It was Joshua Komisarjevsky who told writer Brian MacDonald that he had planned on killing Steven Hayes after the crimes were done and the yd gotten away from the house. This he blamed upon Hayes multiple fumbling screw- ups, including taking off his gloves at some point and not remembering where he'd touched what. I don't believe this was the motive for a moment nor does it make sense. Komisarjevsky had far more serious things to worry about such as the copious amounts of DNA that he'd left all around Michaela Petit's room, her mothers room and on Hayley's bed presumably when Hayley got loose twice and komisarjevsky had to call Hayes into the room to help subdue her and tie her back to her bed. Komisarjevsky was weaker than Hayley Petit who had just had surgery for a collapsed lung only weeks prior to the home invasion. She almost managed to call 911 on a hidden cellphone in her bedroom, but komisarjevsky intercepted it and managed to pounce on her before she got the call out.

As well suspicious was Joshua Komisarjevsly's obvious calm demeanor just following Jennifer Petit's rape and murder, whereupon he yells down to an upset Dr Petit, who has called up the cellar stairs at the men after hearing thumping and moaning. Komisarjevsky again, yells down to Petit in what had been a reassuming tone all night now turned extremely sinister stating "don't worry it will all be over in a few minutes" and then Dr Petit heard sounds of spraying, which he couldn't discern but likely was either household cleaners sprayed on his wife hoping to kill DNA or perhaps the gasoline was being sprayed from some kind of machine.: either way Mr komisarjevsky was not in a panic - in fact it was the turn in his voice from a false reassuring tone to an evil sounding sinister one that quickly propelled William Petit to muster that last bit of Adrenalin in order to break his hand binds and get off of the pole in his basement/

He knew 7 pints down of blood on a blood thinner had made him so weak that he didn't stand a chance against two men with a gun; his only chance to save his family was to escape to a neighbors house and get the police to his home fast. And that is what he miraculously managed to do break his zip tie binds on his wrists and hop of the steps to the bilco door feet still bound, rolling across the lawn, because he lacked the strength to crawl , shouting to his neighbor inthe pouring rain to call 911 please!!!

No comments: