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Petit Family Murders – Defense Lawyer Insults The Family Again
Painful testimony continued this week in the murder trial of Joshua Komisarjevsky. For three days jurors have heard graphic details about the autopsy findings on Hayley, 17 and her sister Michaela, 11, both died of smoke inhalation.
We now also know Komisarjevsky did far more to Michaela than he told police. Forensic biologist, Joy Reho testified that an anal swab showed evidence of semen – in direct contradiction to what Komisarjevsky and his lawyers maintain.
Yesterday, the autopsy testimony on the death of Jennifer Hawke-Petit was presented. Jennifer was raped and strangled, but died before the house being doused with gasoline and set ablaze.
Just prior to the testimony on each of the autopsies, Dr. William Petit and family members left the courtroom to avoid listening to the gruesome details, prompting Komisarjevsky lawyer, Jeremiah Donovan to call for a mistrial.
Jeremiah Donovan
On Thursday morning Donovan called it a Petit family “stunt” to impress the jury and claimed it was highly prejudicial to his client. He also asked the Judge to prohibit any further ‘stunts’ by the family and argued there was no need for them to walk out – they knew disturbing testimony would be presented.
Donovan repeated the mistrial motion in the afternoon and Judge Jon Blue denied the motion both times.
Outside of court, William Petit, Sr. said, “I can’t imagine that they would expect us to sit through that kind of testimony. I don’t want to remember my granddaughters and my daughter-in-law like that.”
After additional crime scene investigation testimony today, it is expected the prosecution will rest and the defense will begin their case on Monday. The defense case is expected to last a week.
Frankly, I am appalled by the cruelness and nastiness Donovan has exhibited toward the Petit family throughout this case. I doubt his behavior is helping his client or winning points with the jury!
My hope is that God continues to grant the Petit and Hawke families the strength to carry-on with the grace, dignity, and courage they have shown.
Hayley Petit Death Likely Slow And Painful
Dr. William Petit left the courtroom and family members cried as Dr. Malka Shah testified that Hayley’s clothes smelled of gasoline.
She still had remnants of rope tied tightly on her legs and wrists and her body, particularly her back and legs, had first, second and third degree burns all over. Her lungs were filled with carbon monoxide.
Shah could not say whether the burns happened while Hayley was alive. She also couldn’t say if they occurred before or after she fell in the hallway.
Hayley had been tied to her bed and left to die in the fire, but testimony in Hayes’ trial, revealed her restraints had been burned off and she escaped her bed and made it only a few steps before collapsing at the top of the staircase.
Dr Shah testified inhaling smoke and carbon monoxide would be painful, with victims suffering headaches, nausea and vomiting and disorientation before becoming unconscious within a few to several minutes. Shah said it took two minutes to several minutes for Hayley to die,
Cheshire Detective Joseph Vitello told the jury that Komisarjevsky was quick to point the finger at Hayes for killing Hawke-Petit.
It wasn’t until he was handcuffed and dragged to a police vehicle that Komisarjevsky told Vitello the girls were still in the house,
He also said Komisarjevsky initially told investigators that he may have poured gasoline before the house was set on fire and that testimony is in direct conflict with efforts by Komisarjevsky’s lawyers to blame his co-defendant, Steven Hayes, for pouring the gas.
Sgt. Karen Gabrianelli, of the state police, testified she arrived with other members of the Connecticut Major Crime Squad at the smoldering remains of the Petit house to collect and process evidence and document the scene.
During the Hayes’ trial, she was on the stand for two days testifying.
Judge Jon Blue lifted the embargo he imposed last week and allowed Komisarjevsky taped police interview to be released.
Police Interview: (Slow loading)
Sources
Mortimer Pre-Trial Hearing To Suppress Evidence
Finn and Charlotte
Gruesome and often graphic testimony was offered by police and firefighters about the horrific murder scene they discovered last June.
Thomas Mortimer is accused of killing his wife, Laura Stone-Mortimer, 4-year-old ‘Finn’, and 2-year-old Charlotte, and his mother-in-law, Ellen Stone.
Mortimer’s lawyer, Denise Regan, is asking a judge to suppress evidence seized during a warrant-less search, saying police searched the home illegally without a warrant, and therefore that evidence should be thrown out.
The defense team also filed a second motion saying that some evidence gathered after the warrant arrived was outside of the scope of the warrant, making it inadmissible.
Prosecutors argue police were justified in entering the home because they had been called by Laura’s sister, Debra Stone-Sochat, for a well-being check after she looked through a window and saw blood on a light switch, on the walls, and in the stairwell.
Police entered the home 3 times before the warrant arrived.
Claude Austin was the first police officer to arrive on the scene and entered the home. He said he discovered the three bodies and continued to search the home, following a trial of blood up the stairs when he called for back up. When back up arrived, they searched the upstairs where they found Charlotte’s body in her crib.
They second time they entered the home was to retrieve the family dog that had been in a closed room for two days.
The third time they entered the house was to finishing the search of the home and the attic and making sure it was secure, there were no additional victims or a possible suspect. Police did not enter again until the search warrant arrived at 4:40 p.m.
Neither the defense or prosecution have said which pieces of evidence are in question, however prosecutors have a confession written by Mortimer in which Mortimer wrote, “I took the easy way out. … I am ashamed, frightened, relieved, surprised that I murdered my family, disgusted with myself.” It also indicates that young ‘Finn’ witnessed the killings before having his throat slashed.
Police also found evidence of a suicide attempt in the garage. A hose had been hooked up to car’s exhaust. A knife lay on the passenger seat, along with a hammer.
The hearing resumes Monday.
I feel terribly sad that Debra Stone-Sochat lost so much that summer day and has to now endure such painful details. What truly bothers me is there were four family members brutally murdered and you have a written confession – that’s enough for me!
Sources
Petit Family Murders – Joshua Komisarjevsky Trial
It was a long, contentious, and difficult week in the Joshua Komisarjevsky murder trial.
As expected, Komisarjevsky’s attorneys told the jury it was Steven Hayes, not Joshua Komisarjevsky, who killed Jennifer Hawke-Petit, and her daughters Hayley and Michaela Petit…he was just along for the ride!
Five witnesses were called to the stand including a nurse from Dr. Petit’s office who took Jennifer Petit’s “sick call’ that day. Two employees from the Bank of America testified. The Cheshire bank where Mrs. Petit withdrew $15,000. It was money she thought would save her family.
The jury also heard from Dr. Petit’s neighbor whose house he escaped to and a police officer who tried to go into the burning house.
On Tuesday, for the second time, Dr. William Petit had to publicly testify to what 
happened that horrible July 2007 night.
Komisarjevsky, dressed in a suit, sat at the defense table staring at Dr. Petit and listening attentively as Petit described being beaten with a baseball bat and being tied to a pole in the basement and his ultimate escape to a neighbor’s house.
Petit also remembers seeing one person with a gun and a voice saying if he moves put a bullet in him.
Petit testified he remembers hearing thumping on the floor and heard moaning he believed to be his wife, and heard another voice saying don’t worry this would all be over in a couple of minutes.
After completing his gruesome testimony, Dr. Petit faced rapid-fire questions by defense attorney Jeremiah Donovan. Donovan tried to discredit Petit’s testimony by claiming Petit’s recollection was faulty because he admitted slipping in and out of consciousness that night and he was providing testimony based on what he heard at the murder trial of Steven Hayes.
Donovan also claimed his testimony differed from statements he gave to police and showed Dr. Petit a copy of the statements. Donovan questioned which statements were true…the ones from 2007 or the ones made in court?
Petit responded, “I trust what’s written, sir.”
To which Donovan replied, “Don’t trust me, sir.” That flip response from the defense attorney drew small gasps from Petit family members sitting in court.
On Wednesday, jurors were shown photos of the bodies of Jennifer, who was burned beyond recognition, and Hayley and Michaela still tied to their beds. The jurors were said to have maintained their composure as they passed the horrific photos amongst themselves.
Jurors also heard part of a gut-wrenching Komisarjevsky taped police interview taken just hours after the murders. A calm, matter-of-fact, Komisarjevsky went into details of the sexual assault of eleven-year-old Michaela, delivered in a tone that appears to indicate he didn’t think there was anything wrong with his actions.
Before cutting off her clothes with scissors, he said talked to 11-year-old Michaela about music, ‘school and summer plans.’
Then, as Michaela lay tied to her bed, Komisarjevsky says, “one thing led to another and I ended up … performing oral sex on her — on KK,” referring to his victim by the family nickname her sister and mother gave her.
The interview got even more disturbing when he was asked, “Was it against her will?” He replied: “Um, it started off as against her will and then like, she wasn’t like resisting or anything, so I just kept doing it you know,” adding that he thought Michaela was 14 or 16.
Like 14 or 16 makes the assault more acceptable???
Komisarjevsky took explicit photos of the naked Michaela with his cell phone.
Apparently, this was the first time the Petit family heard these details. Dr. Petit hung his head while his sister, Hannah Chapman, put her hands over her eyes.
A female juror began to cry and others looked visibly shaken by the testimony so Judge Jon Blue stopped the recording and called recess for the day, telling the court, “This would be a good time to stop.”
Petit family members wept and hugged.
Defense attorneys objected to the family’s grief-stricken reaction to the playing of the tape in court Wednesday and suggested that there should be a mistrial. The judge rejected the motion.
At the beginning of Thursday’s session, having already called them the Petit posse, Komisarjevsky’s attorneys again objected to the pins that Petit family members were wearing showing the Petit Family Foundation logo. Judge Jon Blue overruled the objection.
More of Komisarjevsky’s police interview was played where he consistently places the entire blame on Steven Hayes.
In the recording, Komisarjevsky says he closed the bedroom doors where the girls were to buy them a little more time and couldn’t believe his co-defendant was considering burning the girls alive. “It just didn’t cross my mind” to untie them before the house was doused with gas and set on fire.
My heart breaks for the Petits’. I cannot even imagine the awfulness this family has endured these past three years and how painful it must be to have to relive these horrors again. I’ve covered a lot of trials and this one ranks up there as one of the most heinous and vicious.
Komisarjevsky claims, to this day, it was ‘just’ a home invasion that went terribly wrong…really?
Benedict Komisarjevsky, Joshua’s father, appeared in court for the first time earlier this week and exhibited some disturbingly bizarre behavior as he left. It ain’t sign language he’s doing! He pantomimes loading and reloading a handgun! He appears at 1:51 in the video.
WTF?
Vodpod videos no longer available.
Sources
Petit Family Murder Trial To Begin and Joran van der Sloot Charges
Petit Murders…
Joshua Komisarjevsky’s trial starts Monday in New Haven Superior Court. He faces a possible death sentence if convicted. His co-defendant, Steven Hayes, was sentenced to death last year.
In July 2007, the pair broke into the home in Cheshire, CT, beat Dr. William Petit with a baseball bat and tied up his wife, Jennifer Hawke-Petit, and daughters, 11-year-old Michaela and 17-year-old Hayley,
Jennifer Hawke-Petit was raped and strangled, her daughters had pillowcases placed over their heads, were tied to their beds and died of smoke inhalation after the house was doused with 
gas and set ablaze.
Komisarjevsky is also accused of sexually assaulting Michaela Petit.
As he did at Hayes’ trial, Dr. William Petit, the sole survivor, is expected to testify.
At the Hayes trial, distraught jurors were shown autopsy pictures of the victims, photos of the girls’ charred beds, rope, ripped clothing and ransacked rooms that were so gruesome, the state took the unusual step of offering jurors counseling after some complained of nightmares.
van der Sloot Charges…
More than a year after the brutal death of Stephany Flores, Peruvian officials formally charged Joran van der Sloot with murder and theft charges on September 1.
Prosecutors are seeking a 30-year sentence as well as restitution to the family in the amount of $73,000.
van der Sloot’s attorneys argue 30 years is too stiff a sentence because it was an isolated incident.
During the first hearing following the charges, the Public Prosecutor was ordered to reconsider the charges after the Flores family lawyer complained the charges should not be ‘murder followed by robbery’ but ‘robbery followed by murder’. Charged correctly, it would carry a life sentence.
The trial is not expected to begin until next year, however van der Sloot will have been held for the maximum 18 months allowed under Peruvian law. In December, he could be released from prison to await trial. The Public Prosecutor can request an extension of his detention.
Sources
Petit
van der Sloot
Elisa Baker Sentenced – Up To 18 Years
Charged with murdering her disabled 10-year-old stepdaughter, Elisa Baker entered a guilty plea to second-degree murder, with aggravating factors that include desecrating the body of Zahra Baker.
Baker also entered a guilty plea to obstruction of justice in the case, and unrelated to Zahra’s death, she pleaded guilty to obtaining property by false pretenses and financial identity fraud.
The prosecution agreed to the reduced charge of second-degree murder after Baker revealed where parts of Zahra’s body could be found.
Zahra’s arm-bone, prosthetic leg, torso and pelvic area were found, but her head, hands, and parts of her arms and legs were never recovered. A saw, which police believe was used to dismember Zahra, was also found. 
Also, Baker revealed she found Zahra unresponsive in her room on September 24, 2010, the day she died.
Baker was sentenced to a maximum of 18 years in prison. Without the plea deal she would have faced the possibility of 30 years behind bars.
Emily Dietrich, Zahra’s mother, traveled from Australia to attend the hearing. Adam Baker was also present.
“Her life was taken by an evil selfishness that none of us will ever understand or comprehend. My only hope now is she is in a place where she never feels pain… in a place where she can feel my love,” said Emily Dietrich.
“There are no words to describe the hate I have for you or the hurt and the pain I feel every day for the loss of Zahra…Zahra will never get to go to high school, never have a real boyfriend, never get married and never have children,” said Adam Baker.
Both Dietrich and Baker begged Elisa Baker to reveal where the rest of Zahra’s remains are located. They intend to take Zahra back to her native Australia for burial.
Elisa Baker still faces serious federal drug charges:
1. Conspiring with others to distribute and possess with intent to distribute Oxycodone, Hydrocodone and Alprazolam in Caldwell and Catawba counties from 2006 until 2010. Maximum penalty: 20 years in prison a $1 million fine or both.
2. Distribution and possession with intent to distribute Oxycodone (a Schedule II controlled substance) in Caldwell and Catawba counties from May 2006 until Oct. 2010. Maximum penalty: 20 years in prison, a $1 million fine or both.
3. Distribution and possession with intent to distribute Hydrocodone (a Schedule III controlled substance) in Caldwell and Catawba counties from May 2006 until Oct. 2010. Maximum penalty: 10 years in prison, a $500,000 million fine or both.
4. Distribution and possession with intent to distribute Alprazolam (a Schedule IV controlled substance) in Caldwell and Catawba counties from May 2006 until Oct. 2010. Maximum penalty: 5 years in prison, a $200,000 million fine or both.
5. Using and maintaining a place for the distribution of Oxycodone, Hydrocodone and Alprazolam in Caldwell County from 6 Congress St. Apt. 1, Granite Falls from July 24, 2009 until Nov. 9, 2009. Maximum penalty: 20 years in prison, a $500,000 million fine or both.
6. Using and maintaining a place for the distribution of Oxycodone, Hydrocodone and Alprazolam in Caldwell County from 4010 Phillip Lane, Hudson from Nov. 13, 2009 until April 8, 2010. Maximum penalty: 20 years in prison, a $500,000 million fine or both.
7. Using and maintaining a place for the distribution of Oxycodone, Hydrocodone and Alprazolam in Caldwell County from 21 21st Ave., NE, Hickory from July 2010 until Oct. 2010. Maximum penalty: 20 years in prison, a $500,000 million fine or both.
She is looking at a maximum penalty of 115 years in prison and a $4.2 million fine if convicted on all counts.
Sources:
Casey Anthony – Time To Pay The Piper or How The Princess Became A Pauper
She may be free, but the cost of that freedom leaves Casey Anthony facing some huge bills. The State and law enforcement agencies are seeking reimbursement of over $500k spent on the investigation of Caylee’s disappearance.
The 10 a.m hearing finally gets under way at 10:45 due to a large number of other issues before Judge Perry.
Linda Burdick and Frank George are present as are Cheney Mason and Lisabeth Fryer. No Baez, he must be babysitting today!
Linda Burdick presents her assessment of investigative costs.
Because Casey Anthony filed an appeal on counts 4, 5, 6, and 7, the Appellate Court gave over jurisdiction to Judge Perry’s court to hear this matter.
Linda cites a number of cases in support of her pleading.
Included are costs only from FDLE, MBI, and OCSO. FBI didn’t make a specific request nor is Orange County Corrections.
Costs are narrowed down to July 15 through Dec. 11, 2008 for salaried cost of employees for those dates. No patrol expenses are included and no costs for aiding TES or volunteers.
State Attorney’s expenses are for court reporter, witness travel, and expert expenses.
Burdick asks Judge Perry to consider the documents she provided and move them into evidence. The evidence documents are around 3 inches thick that Judge Perry must wade through!
Mason objects to FDLE because they weren’t listed in the pleading. Ms. Burdick tells the court that she and Mason discussed FDLE and the defense is in possession of the documents she is referring to and this should not come as a surprise. Judge Perry asks why can’t the pleading be amended and Mason claims point of law. Perry asks how would amending the pleading prejudice his client, Mason says it wouldn’t. Judge Perry tells the State to amend the pleading.
A bunch of witnesses testify to what they did and how much time was involved and, of course, Mason asks meaningless questions about the date of indictment, when they knew Casey didn’t work at Universal, all of Casey’s fictional friends and the trial that these folks would have no knowledge of…they were investigators, not witnesses at the trial!
Mason seems to imply that once Casey was indicted on October 14, 2008 costs should stop there and not run through December 2008 when Caylee’s remains were found. Nobody stopped investigating in October because they were still looking for a ‘live’ Caylee! So, it appears the defense concedes Casey is on the hook for a big chunk of dollars.
Yikes! I’m sure it was an innocent error, but one woman’s time record shows she worked over 1,000 hours in a 15 day period! Judge Perry directs that a sticky be placed on that particular page. Sloppy work review by somebody, but it will knock costs down a wee bit!
Judge Perry has another matter to deal with and its lunchtime so he recesses until 1:30pm.
Sheesh, I don’t know what I thought, but I really didn’t expect this to be so involved today!
Bottom line, Mason implies that once investigators found out Casey’s lies, the cost incurred after should not be Casey’s responsibility. Witnesses very firmly stated the costs are valid because they were still investing a missing child, regardless of Casey being a liar.
Wow! The woman with the 1,000 + hours is in the hall! The error is that the time-frame is for 5 months, not a 15- day period…it was a typo! Linda did a great cleanup!
John Allen is the final witness. He details the missing person detail of Caylee Anthony and how Casey continued to claim Caylee was taken by ‘Zany’ and was missing. You saw all this at trial!
This is a two-pronged defense…1. Try to lower the costs to Casey and 2. Derail the civil case!
Linda closes by saying she found no cases that clearly discuss how to apportion the costs attributable to a convicted defendant. The State wants no apportionment…going for the ‘kill’! Had Casey been truthful just once, the costs would never have grown to what they are!
Mason, the prig, claims the State needs to accept they lost the case and so sad, too bad! Justice was done and this ‘young girl’ was acquitted of homicide and so not responsible!
The expenses for a missing person investigation are minimal…they should have known when Kronk called it was a murder….omfg!
For the second time today, Mason tells Perry, ‘your assistants will go through the documents! Perry, a bit hot under-the-collar, corrects him for the second time, and says, ‘Mr. Mason, my assistants don’t go through the documents…I DO’!
Who the f**k does Mason think he is? Arrogant bastard is at his most offensive here! Now he claims the State specifically attacked him because Jeff Ashton is publishing a book about decomposition. This man is just insane! He claims Casey should only be charged $400 in costs. I am speechless!
Well, it is all up to Judge Perry now…and so we wait for a ruling! I have utter faith, like it or not, his ruling will be judicious and fair! He gives both sides till next Friday to submit additional briefs. This will be awhile because Judge Perry has 21 trials scheduled for the next two weeks, but assures he will get it done before the jurisdiction for his court runs out!
Oh my!
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