Tuesday 11 October 2011

Prosecutor: Man playing blame game in home crime

Prosecutor: Man playing blame game in home crime

JOHN CHRISTOFFERSEN
Associated Press Image Dr. William Petit Jr. arrives at the New Haven Superior Court for closing arguments in the trial of Joshua Komisarjevsky on Tuesday, Oct. 11, 2011, in New Haven, Conn. Petit is the sole survivor of the 2007 Cheshire, Conn., home invasion where his wife, Jennifer Hawke-Petit, and their daughters, Hayley and Michaela, were murdered. (AP Photo/Jessica Hill)NEW HAVEN, Conn. — A man charged with killing a woman and her two daughters has been playing a "blame game" against his co-defendant, but it took two men to carry out the brutal 2007 home invasion, a prosecutor told a jury Tuesday.

Prosecutor Gary Nicholson said in his closing argument that Joshua Komisarjevsky was motivated not just by money but by his interest in 11-year-old Michaela Petit, whom he spotted with her mother earlier at a supermarket. He's charged with sexually assaulting her.

"Michaela Petit, he was interested in her from the moment he saw her," Nicholson said.

Authorities say Komisarjevsky and Steven Hayes broke into the Cheshire home, beat Dr. William Petit with a bat, tied him and his family up and forced his wife to withdraw money from a bank. The house was doused in gas and set on fire, leading to the girls' deaths from smoke inhalation.

Hayes was convicted last year of raping and strangling Jennifer Hawke-Petit and killing her daughters. He is on death row.

Komisarjevsky's attorneys tried to delay closing arguments earlier Tuesday, saying Hayes wrote letters claiming he committed numerous other murders and rapes.

The attorneys cited letters from Hayes claiming he killed 17 people in the Northeast and committed dozens of drugged date rapes. Letters to a woman in North Carolina were intercepted.

Hayes also says he would have killed Komisarjevsky if they got away with the Connecticut crime, according to the defense motion.

Image Defense attorney Jeremiah Donovan arrives at the New Haven Superior Court for closing arguments in the trial of his client, Joshua Komisarjevsky, on Tuesday, Oct. 11, 2011, in New Haven, Conn. Komisarjevsky is charged with killing a woman and her two daughters during a gruesome home invasion. (AP Photo/Jessica Hill)Judge Jon Blue denied a request to delay closing arguments, saying the letters didn't help Komisarjevsky's case.

Hayes' attorney, public defender Thomas Ullmann, said Tuesday that he hadn't seen the letters and hadn't previously heard of any claims of other killings and rapes by Hayes. Ullmann declined to comment further. Prosecutors also declined to comment.

The three handwritten letters were written in August or September and detail how he raped and strangled women, according to a defense motion that calls the description "eerily similar" to what Hayes did to Hawke-Petit.

Defense attorneys say Hayes took the women's sneakers to fulfill a sexual fantasy. Hayes' sneaker fetish came out during his trial, and Komisarjevsky's attorneys say women's sneakers were seized from his house.

Komisarjevsky has insisted Hayes wanted to kill the family and he blamed Hayes for pouring the gas and lighting the house on fire. Komisarjevsky said he did not intend for anyone to die.

While the defense has tried to blame Hayes, prosecutors reminded the jury that the sole survivor testified there was one voice doing the talking during the crime. They cited examples in Komisarjevsky's confession in which he says he was the one talking to William Petit.

"He's the one who's controlling the situation," said States Attorney Michael Dearington. "He's calling the shots."

Nicholson said Hayes got lost when he went out to get the gas and Komisarjevsky gave him directions back to the house when he knew the plan was to set the house on fire. If he had not directed Hayes back to the house, the family could have survived, he said.

Image Ben Komisarjevsky, father of Joshua Komisarjevsky stands outside the New Haven Superior Court before closing arguments in the trial of his son on Tuesday, Oct. 11, 2011, in New Haven, Conn. (AP Photo/Jessica Hill)"The defendant has been playing the blame game," Nicholson said. "Make no mistake ladies and gentlemen, this is simply damage control on his part."

The break-in was planned by Komisarjevsky, who escalated the violence by attacking William Petit with a bat, Nicholson said.

The gas was poured in a way to ensure the girls were killed, Nicholson said, noting it was on the stairs that were the girls' only escape route.

The girls suffered painful deaths and likely were screaming, knowing the end was near, he said.

Nicholson says both men had a motive to kill the family because each had committed a sexual assault and were worried about their DNA.

Jeremiah Donovan, Komisarjevsky's attorney, said Komisarjevsky admitted to molesting Michaela and assaulting her father, but he never intended to kill anyone. He played a part of Komisarjevsky's confession in which he claims he told Hayes, "No one is dying by my hand today."

Donovan also said the jury should not be swayed by what Petit's family wants. He noted that William Petit and his relatives sit a few feet away from jurors.

"They stare at you. You know what they want," Donovan said. "Put them out of your mind."

Image Dr. William Petit Jr., left, and his sister Johanna Chapman arrive at the New Haven Superior Court for closing arguments in the trial of Joshua Komisarjevsky on Tuesday, Oct. 11, 2011, in New Haven, Conn. Petit is the sole survivor of the 2007 Cheshire, Conn., home invasion where his wife, Jennifer Hawke-Petit, and their daughters, Hayley and Michaela, were murdered. (AP Photo/Jessica Hill)Donovan said Komisarjevsky should get a life sentence.

Komisarjevsky was sexually abused as a child and suffered multiple concussions and later turned to drugs, Donovan said. A psychologist hired by the defense said that history increased his likelihood of criminal activity.

Donovan also criticized the police response, saying officers could have stopped Hayes on his way back from the bank or by taking other actions when they arrived at the house.

"Had they acted differently, this terrible tragedy might not have occurred," Donovan said, while adding it was not a defense.

Donovan also said Komisarjevsky closed the girls' bedroom doors to give them more time to be rescued and suggested Hayley might have lived if she climbed out a window. Hayley managed to untie herself but was found at the top of the staircase.

With closing arguments finished Tuesday afternoon, the judge was expected to take about an hour to give instructions to the jury. It was unclear if deliberations would start late Tuesday or Wednesday.

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