Lawyers for Cheshire home invasion suspect Joshua Komisarjevsky asked a judge for a mistrial Thursday, claiming the family of the victims may have prejudiced the jury.
Jeremiah Donovan told Judge Jon Blue that the "stunt" Dr. William Petit and other family members pulled by getting up and leaving just before the medical examiner presented gruesome testimony could affect the jury's decision.
Komisarjevsky is on trial for the 2007 deaths of Jennifer Hawke-Petit and her daughters Hayley, 17, and Michaela, 11. Steven Hayes has already been convicted of the crimes, and is sitting on death row.
Dr Petit, the only survivor of the attack on his family, left the courtroom Wednesday as Dr. Wayne Carver, the state's Chief Medical Examiner took the stand. Carver performed the autopsy on Michaela Petit. He told the jury that the 11-year-old died of smoke inhalation as she was tied to her bed inside the Petits' burning home. Carver said the lower half of Michaela's body was badly burned, but that he couldn't determine if those burns occurred before or after she died. His testimony also detailed evidence that Michaela had been sexually assaulted. The family also left during testimony about the autopsies of Hayley and Jennifer Hawke-Petit.
"I can't imagine that they would expect us to sit through that kind of testimony," said Bill Petit, Sr., grandfather of the two youngest victims. "I don't want to remember my granddaughters and my daughter-in-law like that."
Donovan argued that family members were aware that the testimony would include disturbing information, and didn't need to walk out. He asked Judge Blue to prohibit the Petit family from pulling "any stunts like that again."
Blue denied the request for a mistrial, saying those watching the trial are free to come and go.
Local
Testimony Thursday focused on the autopsy of Jennifer Hawke-Petit. Dr. Susan Williams told the jury that Mrs. Petit had been sexually assaulted and strangled before her body was burned beyond recognition.
A state police arson investigator took the stand late Thursday, telling the jury how the fire spread and where the most damage occurred. Prosecutors say Komisarjevsky and Hayes used gasoline to set the Petits' house on fire before trying to flee the crime scene.
