Pre-trial Motions Flood Docket for 2nd Petit Trial

Nearly a dozen motions made by the defense attorneys for accused murdered Joshua Komisarjevsky in the Petit family case were released late Friday by the state Judicial Branch.

One motion brought a swift answer from Judge Jon Blue on Monday. He is the subject of a request that he be disqualified to preside at Komisarjevsky’s trial. Blue wrote that the motion to dismiss him would be heard by Judge Brian Fischer on Feb. 15 at New Haven Superior Court.

 Here is a list of the motions filed by defense Attorney Jeremiah Donovan on behalf of Komisarjevsky:

1. Alternate seating to allow the defense and prosecution to who sits next to the jury. Custom allows the defense team to sit next to the jury and directly across from the witness stand.
2. Court reporter to record all proceedings in judge’s chambers as well as the courtroom. This would allow all proceedings to be on the record.
3.  Sequestration of potential witnesses starting with pre-trail hearings through conclusion of trial. This motion would provide housing for those called to testify and prevent them from residing at home.
4.  Change the reserved seating in the courtroom; allow one row for the Petit family, one row for the Komisarjevsky family and no reserved seating for the media. In the Steven Hayes trail, the media had two reserved rows behind the prosecution’s side of the courtroom.
5.  Not excuse potential jury members from serving even if they express concerns about death penalty.
6.  Not allow spectators to wear buttons, clothing, pins, or paraphernalia associated with the victims’ charities including, in particular, the Petit Family foundation.
7.  Disqualify Judge Jon C. Blue from presiding over case. Motion will be heard on Feb. 15.
8.  Motion to dismiss the six capital murder charges against Komisarjevsky. This deals with the question of who started the fire that killed the two Petit daughters and states that Hayes confessed to killing Jennifer Hawke Petit.
9.  Asks that no electronic devices, especially Twitter, be allowed in the courtroom. Suggests a live feed of the proceedings be available elsewhere for journalists who wish to tweet.
10. Change of venue requests that the trial be moved from New Haven to the Stamford/Norwalk Judicial District which the motion states is the most neutral site available.

It is not clear when Judge Blue will rule upon the legal motions. He has already postponed jury selection until March 14. It was to have begun on Feb. 22.