Judge: No Mistrial in Hayes Penalty Phase

A judge has rejected an objection by Steven Hayes' defense attorneys to a ruling allowing an alternate juror in the trial to help decide the convicted murderer's fate.

Judge Jon Blue dismissed a juror last week after another juror overheard her say someone was "full of (expletive)". Judge Blue determined the juror in question should not continue with the trial, and replaced her with an alternate.

The jury was in the middle of hearing testimony during the penalty phase of Hayes' trial when the juror was dismissed.

Hayes was found guilty of the brutal murders of Jennifer Hawke-Petit and her daughters Hayley and Michaela.

Jurors could sentence him to the death penalty for his crimes.

Defense attorney Thomas Ullman argued state law requires the jury which sentences Hayes to be the same jury which found him guilty. The new alternate juror was not on the original jury that found Hayes guilty.

Hayes attorneys also argued that he should be spared the death penalty because he was in a "state of intense rage, despair and confusion" when he killed the women and is deeply remorseful for what he did.

Hayes’ attorneys filed a list of so-called mitigating factors in New Haven Superior Court on Wednesday and cited Hayes' abusive childhood and history of drug addiction.

The jury must weigh the mitigating factors against aggravating factors cited by prosecutors, including the heinous and cruel nature of the deaths. 
 

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