Komisarjevsky Defense Will Appeal Order to Release Witness Lists

Defense lawyers for Joshua Komisarjevsky will appeal the trial judge’s order to release the witness lists for the case.

The Hartford Courant reported that Special Public Defender Walter C. Bansley III confirmed Sunday that he and Komisarjevsky’s other lawyers would file an appeal by Friday.

Last week, Judge Jon C. Blue ordered the release of the witness lists to the Courant, which brought a motion to vacate an earlier order keeping the lists secret. But the judge immediately stayed his order until Friday to give the defense time to ask for a review by a higher court.

Komisarjevsky, 30, faces the death penalty for his part in the Cheshire home invasion triple homicide in 2007. Co-defendant Steven Hayes, 47, was convicted for capital felony murder and other charges in a separate trial in 2010 and is now on death row.

Jury selection continued today for Komisarjevsky’s trial, which is scheduled to begin in September.

His lawyers said the release of the witness lists would have a "chilling effect" on Komisarjevsky’s right to a fair trial, because witnesses might by afraid they would be the targets of threats and intimidation if they are perceived as being on his side.

The defense offered examples of threats and hate mail targeting witnesses during the Hayes trial.

But in his decision, Judge Blue said the defense only mentioned "general concerns" without any evidence of specific cases of threats against Komisarjevsky witnesses.