Jan 13, 2012

Komisarjevsky lawyers Request New Trial - Donovan's Stunts Redux...

Note; This Post has been broken down into part 1 and 2 due to my tendency to be extremely comprehensive especially for any new readers who do not know the basic background of the Petit family crimes and Joshua Komisarjevsky's role in these crimes.

Part 1

The Komisarjevsky trial ended with his conviction on all 16 counts and a death sentence. However the public and the victims family had to endure a six week long penalty phase of the trial; a tortuous show by defense attorneys grasping at any straws, trouncing out every 'witness" that their client didn't rob stalk or harm in some way.en route through his life of crime, and even some whom he had.

This expensive and unnecessary ruse was all orchestrated in an attempt to paint a false image of their sociopath client who indeed was the man who targeted the Petit's, with Michaela Petit his own interest for sexual predation. His lawyers called him a "damaged lad" whose life was "doomed at birth."

Rather presumptive and insulting to their own client as well as his well meaning middle class parents who never beat him nor neglected him nor locked him in the cellar.

A duplicitous, conniving lot led by Jeremiah Donovan , these lawyers unnecessarily consumed more of the states money and resources, abusing the Connecticut judicial system with every dirty trick in the sleazy lawyer hand- book, including purposeful deluge of motions, like this latest fodder, designed alternately to delay, use up time, frustrate the prosecution. Judge Survivor and the victim's family.

The penalty phase is supposed to be a little "Trial within a trial" but in this case it was a ridiculously lengthy, utterly irrelevant procession of pre-rehearsed defense character style witnesses, who in the end,  ironically helped the prosecution show the jury that Joshua Komisarjevsky had very long, clearly defined and escalating history of  ignoring the rights of other human beings. adhering to even the basic rules and laws that govern us as people and a society, despite being given chance after chance to clean up his act.

He set fire to an abandoned gas station at age 13, this was arson a serious felony.  He would later tell a church minister that it was an accident and blamed it on the boys that he was with citing that they were only throwing matches into the empty service station cubby.

This budding sociopath also told police that he'd been depressed and suicidal, not the first or the last time he would use this claim to attempt to alleviate scrapes with the law, his parents, church camps, and even a short stint in the army reserves,where he was tossed out for a slew of breaking and entering charges.

He was thrown out of a christian based camp for bomb making and breaking into other peoples cottages -This at a spiritual live in retreat which his mother had uprooted the entire family for, in an effort to geographically solve the Josh problem which was gathering momentum with each day.  She testified that she hoped to  move JK  from the  influences of some"satanic worshiping teens"he had fallen in with,after finding satanic drawings on JK's bedroom wall.

Oh yes, and the defense would have us all believe that Komisarjevsky's father was a rigid controlling strict domineering father. Please. If your kid is sneaking out of his window every night to hang out with hoodlums, drawing satanic symbols on the wall of his bedroom and setting fire to abandoned gas stations, that boy is hardly intimidated by any parental influence.

Like too many mothers of notorious criminals,  Komisarjevsky's mom was a complete enabler in the long run, despite decent intentions. This was a woman that gave great thought to how best approach her troubled son's issues.

Yet her own son' lawyers used his mothers decision to not put her teenage son on Thorazine, a powerful anti-psychotic, at an age where he was claiming to abuse drugs, as well showing no indication that he'd adhere to the out patient regimen for the drugs as an excuse an attempt at a mitigating factor in fact, claiming that had his parents put him on the drugs that the state psychiatrist recommended after diagnosing Komisarjevsky as the teen version of a personality disorder, instead of trying natural faith based options  such as change in living situation and lifestyle, he would stopped his life of  arson breaking and entering, stalking and voyeurism,  intimate trophy stealing ie panties found first on clotheslines, then in women's dressers in the many many houses he broke into.

 Later he would refer to the tireless breaking and entering as a form of " extreme sport."  It was clearly the invading of other peoples boundaries privacy that excited this young man the power and control he felt were at the core of every break in. Sexual assault was a natural evolution, or an accidental run in with A home owner possibly ending in violence as it was evidenced from his bashing Dr Petit's head with a baseball bat, and that wasn't a run-in but a pre-meditated attack motivated by neutralizing the only threat in a house full of girls and a slender women with M.S.

Komisarjevsky bragged to girlfriends friends and acquaintances that breaking into houses was simply too boring if no one was home at the time, And thus he developed a system- laying in wait ( ie preying upon the residents Mr Donovan) waiting until they were definitely in their house, ensuring this in fact by stalking them, eventually through binoculars, and later night vision goggles, but as a young boy he had already been caught clambering up trees outside middle class homes in Connecticut Vermont - and whatever state his beleaguered parents had moved him ) first merely peeking in windows, then emboldened when he wasn't caught, he began watching for hours as the unsuspecting homeowners went about their most personal activities.

Soon enough. he was breaking in  and listening to the residents sleeping from inside what they thought was  their sanctity or watching television or likely in the case of females bathing and changing clothes, after all this is the same young man who had been stealing women's panties first off of clotheslines, then cabins at camp, he clearly was sexualizing his invasions into these peoples private sanctity and more than likely it was in the hopes of  spying upon a women or girls that motivated the entire habit when it began.

He even listened as they ate their meals one room away from where he crouched or stood.or rifled thru drawers grabbing easy stuff like billfolds purses jewelry etc. The stolen items were incidental and finally one Conn judge saw this within one of his many many warrants for breaking and entering and gave him a nine year sentence with six years of special parole. The judge intended for JK to be done with the dept of corrections when he was 37 providing he made use of the time stayed out of trouble.

He actually served less than two years in prison being moved to a halfway house for the last year or so of his 3.6 year sentence. His ankle bracelet was off two nights before he committed the Petit home invasion. On the two nights prior to this he and his same accomplice friend Hayes made practice runs with him showing Hayes how easy it was to get into his local hometown Cheshire houses. The men broke into two homes where both families lay sleeping with children in the houses. Joshua was found with a framed photo of a pretty woman who lived in one of the houses they robbed.

This is an ominous sign and in illustrates well the natural evolution of this mans criminal need; first stealing panties off lines, then peeping tom behavior no longer thought to be nuisance crimes as flashing is also not a nuisance but a proven pre cursor to full blown sexual assault. The photo stealing is in fact trophy-ism and it suggests a pathology of sexual predatory behavior. One of the men also left a butcher knife stuck into a kitchen counter in another home, also a sign of power and sadism - enjoying another s fear and intimidation in their own invaded space.

Of course, when caught with the framed photo in his possession, he made up a quick lie to the detective who he was taking a helpful stance with, hoping it would curry him favor and heap all blame for the serious crimes on his hand-picked accomplice/ friend- Steven Hayes.. He claimed that he held up the framed photo to show Hayes how many people were in the house in case they woke up.

The photo was a young couple, an attractive wife and small children.  As far as his explanation regarding the knife he naturally blamed it on Hayes saying Hayes was" playing around with the knife..." implying that hayes must have stuck it in the counter unbeknownst to him.

 Interestingly, within this latest motion for a new trial attorney Donovan cites the repeatedly referred to the term predator which Komisarjevsky had been called by his clients former sentencing judge, a fact that the newspapers got a hold of once finding out that the parole board had none of Komisarjevsky's records including that sentencing report, in their possession when making the monumental decision to grant him early release, after serving substantially less than half his sentence behind  actual bars.

He also took Latin classes and computer courses before being sent to a halfway house where he was free to come and go and mix within the public sphere.

 This is the same halfway house where he met Steven Hayes. It is also when he would meet his new teenage girlfriend for sex in a mall bathroom whilst taking cell phone photos of the girl and the acts. He was 26 she was 15 or 16 at that time. The mother of his child was 15 when he impregnated her making him a certifiable sex offender as he was 22 at the time.. Had this statutory rape been reported by anyone, Komisarjevsky would be right alongside his foster brother Scott Reese, as a registered sex offender.

 Never put on the stand, nor subpoenaed, Reese a borderline retarded barely verbal almost middle aged man had been interviewed by the defenses paid psychiatrist and asked if any of the claims that JK was suddenly making that he'd been sexually assaulted and penetrated between ages 4-6 by foster brother Reese, supposedly answered  " something like that might have happened..." And this untapped unsubstantiated conversation became the defenses core reason for claiming their client should get life rather than the legally mandated death penalty.

In the meantime, Komisarjevsky's parent's testified at his trial how proud they were of Josh for getting a job while he was in the halfway house, also a benefit of the State sponsored " help a felon find a job program."

On that particular string of robberies which topped 27 houses total in one county, Komisarjevsky told police about his night vision goggles and was caught wearing surgical gloves dark clothing with hoods, and moreover stalking his victims prior to breaking into their home. As mentioned, Donovan had the audacity as did komisarjevsky to pretend to be insulted by being referred to as a predator by the judge who made a small sentencing speech before giving Komisarjevsky his official sentence.


Stephanie Phillips said...

I agree with everything you said about that monster! I'm the Stephanie who follows you on twitter, and there is a reason I'm wide awake at 1.30 in the morning. God bless you for all you do for the victims of violent crime! Keep on keeping on. You are doing so much good for people like me and so many others!

Laurel O'Keefe said...

Thanks Stephanie,

I'm sorry I vaporized the first post- and a lot of folks posted it on their facebook accounts too, but unfortunately that only saves the link unless someone posted the entire article somewhere - which I am still holding out hope for. Don't know why Google stopped cache of all their RSS feeds but they have. Was going to check yahoo now to see if they still cache...Thanks for reading as well as your loyalty, youre a special lady!