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Politics & Government

Judge Rules Petit Can Attend Komisarjevsky Trial

The defense had requested that Petit be kept from the courtroom along with the other witnesses in the second Cheshire home invasion trial.

Superior Court Judge Jon C. Blue will allow Dr. William Petit to attend the entire trial of Joshua Komisarjevsky, who faces murder charges next month in the deaths of Petit's wife and two daughters.

Komisarjevsky could receive the death penalty for the 2007 home invasion crime.

In July, the defense filed a motion asking the judge to sequester Petit along with the other witnesses in the case, arguing that the home invasion survivor shaped his testimony based on the testimony of previous witnesses during the trial last year of Komisarjevsky’s co-defendant, Steven Hayes.

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Hayes was convicted and is on death row.

The Hartford Courant and the New Haven Register reported that Judge  Blue ruled Monday that Petit as a crime victim has a right to attend the trial, and observed that Hayes’ defense did not object when Petit was present during the testimony of other witnesses in the Hayes trial.

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, Komisarjevsky’s lawyers said Petit should be considered a "complaining witness," not a "victim" under the Victim’s Rights Amendment of the Connecticut Constitution.

They said during his testimony in the Hayes trial, Petit referred to the testimony of previous witnesses and even corrected the testimony of one of them. The defense said this showed that Petit has a propensity to shape his testimony based on what he had already heard.

During trials, it is customary to sequester witnesses, banning them from the courtroom except when they are to testify, so keep them from being influenced by what other witnesses said.

Komisarjevsky’s defense attorneys said it was necessary to sequester Petit in order to protect the defendant’s right to a fair trial.

 in July arguing that Petit has a right to attend the trial under the Victims’ Rights Amendment of the state Constitution.

The Register quoted Cruz that the ruling was a "victory for victim’s rights."

The Register also reported that Brian Komisarjevsky, the defendant’s father, attended the hearing on Monday but declined to make a statement.

The Courant reported that Judge Blue on Monday ordered the defense to provide the addresses of defense witnesses to the prosecutors. Defense lawyers objected claiming their witnesses might be intimidated if contacted by prosecutors.

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