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Politics & Government

Appellate Court Extends Stay on Releasing Witness Lists

Lawyers for Joshua Komisarjevsky say releasing lists would endanger witnesses and threaten their client's right to a fair trial.

The state Appellate Court Wednesday granted a defense request to continue a stay on the release of the witness lists for the Joshua Komisarjevsky trial.

The trial judge, Superior Court Judge Jon C. Blue, had ordered the release of the witness lists today at 2 p.m.,  if no other court stepped in to extend the stay.

The Hartford Courant reported that the higher court extended the stay until it decides the defense appeal of Judge Blue’s order.

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Also on Wednesday, prosecutors filed a motion opposing Komisarjevsky’s request for an emergency temporary stay. The motion argued that the defense is not entitled to either an emergency stay or an Appellate Court-level review.

Previously, the state’s attorneys prosecuting the death penalty case had nothing to say except that they had no objection to the release of the witness lists.

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The legal battle began in March when the Hartford Courant asked Blue to vacate his order to seal the witness lists.

The defense argued that Komisarjevsky had a presumptive right for the lists to be sealed because they were sealed during the trial last year Steven Hayes, the co-defendant in the Cheshire triple homicide  Steven Hayes.

Also, releasing the lists could endanger Komisarjevsky’s witnesses and endanger his right to a fair trial, the defense said.

But Blue sided with the Courant’s right to access to court documents, and last week he said he would not extend the stay beyond this afternoon’s deadline.

No jurors were picked Wednesday. Both sides used one peremptory challenge each. Jury selection is scheduled to wind up for the week today.

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