As the trial has approached the Penalty phase I've noticed that Judge Blue has approved a record number of defense requests, no matter how manipulative or excessive their demands. I am sure the Judge is simply being especially cautious with any and all of his rulings at this crucial stage in the trial proceedings.
He undoubtedly considered that it better to err on the side of caution, rather than give this defense any reason that they can distort into a valid appeal within the higher courts, or even a possible mistrial. Defense attorney Jeremiah Donovan has already made at least five motions for a mistrial, begginning the very first day of the trial proceedings.
One particularly memorable one was a situation wherupon Judge Blue noticed a juror crying and stated that it appeared a "juror was having a hard time" and he chose that particular time to end the days proceedings.
This statement of Judge Blue's was" prejudicial to his client" Donovan claimed and he motioned for a mistrial.
It has become a classic " boy who cried wolf ' situation, and yet the Judge must take every motion seriously, no matter the fodder involved, and respond to it thoroughly in kind. And Judge Blue has done a remarkable job - he is an excellent scholar of case law and state law and his responses to motions have been exceedingly articulate and at times eloquent.
It must be challenging when dealing with a defense that abuses the judical process in hopes of wearing down the prosecutors, the Judges patience, as well as the surviving victim and his families.
This defense, led by Donovan has claimed that just about everyything has been prejudicial to his client. This of course includes the latest move to suppress Komisarjevsky's own mention of his voluminous conviction record within the taped statemenst to police. The convictions all centered around breaking and entering into houses with the odd habit of waiting until the residents were in the home. Robbery seemed secondary, the invasion and stalking seemed the motivating force behind what was clearly
The decision to allow in as admissable a portion of a taped statement that komisarjevsky voluntarily made to police regarding his 45 prior breaking and entering convictions, is only fair and just. There is no valid reason that this information should be " suppressed " and thus witheld from the jury. It is damning information to be sure, because it allows the Jury to follow the dots.
The evolution of Komisarjevsky's crimes is clear cut and classic. His history includes elaborate stalking of his victims, and behavior that is consistent with a predator. He committed those crimes and surely many others ie If he was caught for 45 break ins, with enough evidence to convict, how many other crimes did he commit that he did not get caught for?
As well, how many charges (crimes that he committed) were dispensed of within his various plea bargains in connecticut courts? This dropping of charges is standard operating practice in our courts, when a defendant is charged with multiple counts within the commission of one criminal "event" , let alone a string of events/crimes, as was the case with Komisarjevsky in two separate municipalities.
This is a man who planned and executed all of his crimes fastidiously, Despite what his attorneys and their hired psychologist have tried to sell this jury regarding Komisarjevsky's "cognitive issues" this is a shrewd calculating criminal who has no respect for the rights of other human beings. This is a standard feature of sociopaths. Plenty of people, including myself, have sustained multiple head injury's, plenty more have been abused in their lives and even more have had bad childhoods; They/ we do not commit "extreme sport" robbery's (komisarjevsky's own words describing his years of breaking into houses when the owners were home perilously close to danger) nor does this " make us" become pedophiles, rapists of children, and Murderers with no remorse.
I also must comment upon the defenses motions and the subsequent articles regarding these " letters" from Komisarjevsky's hand picked accomplice, Steven Hayes, The timing and the letters themselves sound like a complete device manufactured or solicited by Komisarjevsky and or his defense team. There are a few possible scenarios and all of them smell of atypical behavior by Mr. Komisarjevsky, a sociopath of epic proportion and his increasingly narcissistic defense attorney, Jeremiah Donovan. It would appear that quite some time ago, Mr Donovan began adapting personality traits from his client; deceptiveness, manipulation of the truth, (and in an oh so obviously timed fashion) and a desire to "win" at any cost.
I can easily see Komisarjevsky or his lawyers getting the bright idea to write letters to Hayes in prison, posing as one of those women that are sickly attracted to men that kill and men that are in prison. They would write several letters to Hayes, drawing him out thinking he had a woman on the line that was excited by dangerous men.
Then, within a few letters, Hayes would possibly begin inventing crimes in order to make himself sound more dangerous. The only problem with this theory, is the language supposedly used by Hayes in the one lone letter that somehow made it's way to the New Haven Register.
The other two letters read in such a way that Judge Blue claimed "would only seal Mr. Komisarjevsky's fate if they were entered as admissible: Apparently, they contain direct references to the Petit crimes and offer specifics citing that Komisarjevsky escalated the crimes into a triple murder, (and near fatal assault upon Dr Petit, whom he intended to die with the rest of the family in the fire.
Those letters, rather conveniently, didn't make it into the media's hands.
I've read Steven Hayes statement to police, I've also heard him speak briefly - he is not exactly an articulate, nor intelligent person. The language, and moreover the psychology, embedded within the one letter that fell into the lap of the Register, more closely resembles Joshua Komisarjevsky's style of verbiage, writing, and thinking - And thanks to komisarjevsky and his need for attention we have plenty to compare it to:
Komisarjevsky wrote voluminous"journals" and other writings seized from his prison cell, drafts of letters sent to writer Brian MacDonald first, second drafts all of which komisarjevsky knew would be confiscated from his cell which is why he started a "journal" His bogus story to Brian MacDonald about the night of the murders has since resulted in MacDonald's public admittance that he was completely manipulated and duped by Komisrajevsky throughout their entire correspondence and subsequent prison interviews