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Petit And Mortimer Family Murders – Justice Delayed

10/25/2011 2 comments

Petit Family

Jurors were supposed to hear opening arguments in the penalty phase for Joshua Komisarjevsky yesterday.  Judge Jon Blue delayed the opening for a day while he heard arguments from the defense to suppress evidence.

The defense is specifically trying to throw out statements Komisarjevsky made to police about his previous burglaries and crimes shortly after his arrest in connection to the Petit home invasion.

The defense plans to call witnesses to testify about Komisarjvesky’s troubled childhood and explaining why that meets the legal mitigating favor; a reason the  seven women and six men jury should choose life in prison as his punishment.  The penalty phase could take up to six weeks to complete according to the defense.

The same strategy was used in Komisarjevskey accomplice’s, Steven Hayes, trial, however he sits on death row awaiting lethal injection.

Judge Jon Blue ultimately ruled yesterday that Komisarjevsky’s previous crimes may brought in during the penalty phase.

The defense team has been granted up to 60 minutes to give opening statements this morning.

It remains unclear if Komisarjevsky will take the stand in his own defense.
The Cheshire Herald

News Times

Hartford Currant

Mortimer Family

Defense attorney Denise Regan argued that the bodies of the deceased were discovered after Winchester Fire and Police personnel entered the home at 2 Windsong Lane without a warrant.   Regan claims emergency personnel should have based their entry into the home on what they knew, and not what was told to them by Debra Stone-Sochat.  Stone-Sochat took the stand last month and testified that she went to the home because she was concerned about the health of her mother – Ellen Ragna Stone – who failed to show up for a planned dinner the night before.

The prosecution argued that the entry was justified because Stone-Sochat had requested a well-being check on her mother and emergency personnel were obligated to enter the home.

Debra Stone-Sochat arrived at the home after being unable to reach her sister, Laura or her mother, Edna.  Her concern was her mother might have been seriously ill because of a heart condition.

At stake is the evidence collected in the home and car as well as a written confession by Thomas Mortimer.

Judge Leila Kern said she was leaning toward ruling that the evidence gathered at Mortimer’s home on June 16, 2010 would not be suppressed and it was likely Debra Stone-Sochat would have entered the house anyway and discovered the four murder victims.

Regan argued it was only supposition that Stone-Sochat would have entered the home.  It should be noted that Debra did have a key to the house, however neglected to bring it with her that day.  She easily could have gone home, retrieved the key and returned to Windsong Lane home.

“It’s clear, in this case, that the purpose in entering the home was not to gather evidence for a criminal activity,” Kern said.

Judge Kern said that she would continue the hearing until Jan. 13 at 2 p.m., when she will make her decision on whether or not evidence should be suppressed from the case.

Now I’m sorry, but another 2 and 1/2 months screwing around on this issue!!!  Where the hell is the justice for the murder victims and the family left behind???

Wicked Local