The lawyers for Joshua Komisarjevsky, who was convicted in the Cheshire home invasion, want a new trial for him.
In court last month, they argued that some phone recordings prosecutors didn't give them, recordings released to the public on Thursday, raise questions about Cheshire police.
Komisarjevsky and Stephen Hayes were captured after they killed Jennifer Hawke Petit and her two daughters on July 23, 2007. The recordings show how an investigator that morning had doubts after learning Jennifer Hawke-Petit had withdrawn $15,000 from the bank.
Defendant’s Exhibit D 173340: One of the accounts was in the husband’s name. And then she says, ‘Well my kids are at home tied up,” so we don’t know if they really are, or she was just trying to get money out of the bank at this point.
Then, at the scene of the home invasion before the killers set it on fire:
Defendant’s Exhibit G K18008-173268: A1 to all units, I do not want you to approach the house. Hang back from that location.
K18008-173373: Right now we have a closed garage door at this residence. I just want to make sure we have enough bodies before we start making contact.
After the capture of Komisarjevsky and Stephen Hayes, things changed.
Local
K18008-173432 Ascertain, I don’t care how you do it, ascertain if we’ve got people inside the house alive.
Recordings of calls show the impact of the murders on police.
Defendant’s Exhibit C 4C: You don’t think it’s gonna happen here. Really, when’s the last time you heard of this happening anywhere in this state? You know? It doesn’t.
Defendant’s Exhibit C 4D: You know what? Your heart just breaks as an officer watching that stuff, you know? It’s heartbreaking for all of us to investigate it. Cuz we have families and all that crap too you know? We have out of all the guys who went in I think I was probably the only one who didn’t have children.
Judge Jon Blue has yet to issue a ruling.
Cheshire police refuse to comment because the chief figures this case could go to the Supreme Court.
