Komisarjevsky Jury Questions “Minor Role”

Jurors handed a note to the judge.

During the third day of deliberations for the jurors deciding the fate of Joshua Komisarjevsky, they passed a note to the judge, which prompted him to call lawyers from both sides into his chambers.

The jurors had questions on what constitutes a "minor role" in the death of Jennifer Hawke-Petit and if the jury should take into account just the strangulation or all the events leading up to her death.  Steven Hayes, Komisarjevsky's co-defendant, strangled Hawke-Petit during the crime, and is now sitting on death row.

Judge Jon Blue said neither and referred them back to the count. 

How far away the jury is from a decision is not clear. However, on Wednesday morning, the jury asked that Judge Blue schedule court to begin at 9 a.m. on Thursday rather than the normal 10 a.m. start time.

The jury is deciding if Komisarjevsky, 31, will spend life in prison without the possibility of parole or will be sentenced to death for his role in the 2007 Cheshire home invasion murders.

Jennifer Hawke-Petit and her daughters, Hayley and Michaela were killed during the home invasion. Komisarjevsky was convicted of killing the three in October.

Prosecutors said the crime was so cruel and heinous that Komisarjevsky deserves the death penalty. The defense team said experiences in Komisarjevsky's background provide reasons for the jury to spare his life.

The jury deliberated for a little more than 90 minutes Monday spent most of the day Tuesday in the jury room and has done the same on Wednesday.

In the sentencing phase of the Steven Hayes trial, the jury deliberated for 19 hours over four days. Hayes was Komisarjevsky's accomplice in the home invasion.

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