Brian McDonald

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big swing and a miss for the Hartford Courant who went to court last week to have the gag order on the hayes trial removed. it seems that one of their reporters came up with the idea to write hayes a letter. hayes took the bait, and wrote back. but the Ct. Dept. of Corrections is a tad sensitive about reporters carrying on a correspondence with one of their minions (gee, i wonder why), especially when the inmate has yet to be tried for three murders, rape and assorted other crimes. So, this time, the DOC didn't allow the inmate's letters to be mailed using the old gag order routine as their reason. the superior court judge ruled against the Courant, the gag order stays in place and the letters will remain unopened for the duration of hayes and komisarjevsky's trials.

nine days to steven hayes' triple murder trial

can't say I'm a fan of norm pattis, the Connecticut defense attorney blogger who has chimed in numerous times on the Cheshire home invasion trial. maybe it's my inherent distrust of a grown man wearing a ponytail. but his post a few days back was worth a look for several reasons: first, his take on the local press treating Dr. Petit as something of a rock star and by doing so limiting steven hayes' chance at a fair trial, and second by citing a source who told him that prosecutors are planning to present during trial text messaging and picture mail between komisarjevsky and hayes sent from different parts of the Petit house.

komisarjevsky told me that he stripped the 11-year-old Michaela and took photos of her with his camera phone. he said that he was going to use them to blackmail Dr. Petit into silence. he didn't tell me that he sent them to hayes. and he didn't tell me if hayes took his own pictures. i was under the impression that hayes' only sexual interaction with Mrs. Petit occurred during the last half hour of the hostage situation, when he raped and strangled her according to prosecutors. if hayes in fact sexually assaulted or tortured Mrs. Petit during the prior five-and-a-half hours, and took photos of his evil exploits, that evidence would be absolutely explosive and, in my opinion, would assure steven hayes a date with the executioner's needle.

steven hayes' triple murder trial starts in 10 days

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during a jailhouse interview, joshua komisarjevsky told me that steven hayes smiled as he stood outside the Petit house and watched through the window of the enclosed porch as komisarjevsky repeatedly belted Dr. Petit in the head with a baseball bat.

later it would be komisarjevsky's turn to watch.

he told me that he stood on the stairs in the Petit home and watched as steven hayes raped and strangled Jennifer Hawke-Petit in the living room. he said that tears rolled down the face of the mother of two girls as she pled for her life.

These two events bookend the six-hours that komisarjevsky and hayes kept the Petit family hostage. testimony and evidence during the trial should tell us much of what happened in between.

Prosecutors revealed yesterday that they plan to prove that hayes, the first of the two alleged murderers to be tried, killed his victims in an especially cruel and depraved way. Hayley, 17, and Michaela Petit, 11, died as fire consumed the Petit home. they were tied to their beds.

steven hayes triple murder trial starts in 11 days

if any one believed that steven hayes' attorney, Thomas Ullmann, would treat the lone survivor of the Cheshire home invasion with kid gloves, that notion was dispelled yesterday story here.

Now let see how Ullmann behaves when Dr. Petit is on the stand.

steven hayes' triple murder trial starts in 13 days

the State's Attorney's office in Connecticut announced for the first time that steven hayes is the "principal" in the first murder committed during the Cheshire home invasion. Jennifer Hawke-Petit was raped and strangled before the fire that would kill her two daughters was set.

the statement from the SA made earlier this week corroborates what was reported in In the Middle of the Night almost a year ago and what Joshua Komisarjevsky told me almost two years ago during my jailhouse interviews with him.

steven hayes' triple murder trial begins on sept. 13th

if and when Jennifer Hawke-Petit signed the anti-death penalty document, A Declaration of Life, she did so in a place and time that was safely a universe away from the nightmare that took her life that July morning on Sorghum Mill Drive. Though it's impossible to say for sure, there's a good argument that she would not have signed such a document had she known the terror and suffering that her children would be forced to endure.

and it's a subjective argument that a good prosecutor, no doubt, would use to shred the document's credibility.

as a legal device then, A Declaration of Life holds little sway.

but it was never meant to be a legal document. A Declaration of Life is a statement of belief.

so the question becomes, which is the real belief? the one declared in the abstract before the crime or the hypothetical one posed after the horrible reality?

one thing's for certain, the argument is moot if Jennifer Petit's signed copy of A Declaration of Life doesn't make its way into court in New Haven.

steven hayes' triple murder trial begins sept. 13th

sheesh, talk about getting the basics wrong. I've been misspelling defense attorney Thomas Ullmann's name for months. It's Ullmann, with two n's. Sorry about that blog readers, and to you Mr. Ullmann, presuming that you read my blog, my sincerest apologies.

if there ever was circumstance that warranted the death penalty, the home invasion murders in Cheshire, Ct. qualifies. from over use, the word "heinous" no longer does justice as a description of the crime. even anti-death penalty advocates seem reluctant to rally against the proceedings in New Haven Superior Court.

it is truly a test of the fabric of Christian beliefs.

in a jailhouse interview, Joshua Komisarjevsky, who along with Steven Hayes faces the death penalty for the murder of the Petit family, told me that he had long conversations with Jennifer Hawke-Petit during the six-hours he held her hostage. He said it was a mistake to engage Mrs. Petit. He "liked her," he said.

Komisarjevsky's recollection of Mrs. Petit during that horrible night and morning is an account of the purest form of Christian strength. she tried to put herself in the shoes of the men who would ultimately kill her. she empathized with their financial predicaments. She said she never understood why God seemed to provide more for some than others. she prepared something for them to eat. she never lost composure. almost to her very last breath, Mrs. Petit held steady in her faith that God would deliver her family to safety. and, no doubt, that there was something salvageable in the souls of her captors.

As it turned out, Mrs. Petit was wrong on both counts. God did not deliver her family safely, and her attackers appear as soulless as human beings can be. and yet somehow Mrs. Petit's misjudgments only make her seem more Christian.

members of her church contend that Mrs. Petit signed an anti-death penalty document called A Declaration of Life. But a copy of that document has yet to surface. if there is a copy out there, withholding it dismisses a faith in God for which Jennifer Hawke-Petit lived and died.

steven hayes' triple murder trial begins sept. 13th, joshua komisarjevsky's in jan.

if Jennifer Hawke-Petit signed A Declaration of Life, and members of her church contend that she did, then she probably did so in January, 2006, a year-and-a-half before she was murdered in the Cheshire home invasion. that January, a link to the document was made available on the Cheshire United Methodist Church's website. in the story that accompanies the link, prospective signers are urged to take the document home and "talk to your family."

but the document itself also has instructions to send a signed and notarized copy to the Cherish Life Circle, Convent of Mercy in Brooklyn, NY.

at the convent, Sister Camille D'Arienzo, the Roman Catholic nun who first conceived the idea of A Declaration of Life, said she could find no record of Jennifer Hawke-Petit's signed document.

this doesn't mean that Hawke-Petit didn't sign the document, Sister Camille said. Congregations are known to keep their own records, she said.

If Hawke-Petit's church, or a member of her church, has a copy of her signed document, and has decided for whatever reason not to reveal it, their actions would be in direct conflict to the Social Principles as set forth by the General Board of the United Methodist Church.

Steven Hayes' triple murder trial begins sept. 13th

the anti-death penalty document that murder victim Jennifer Hawke-Petit purportedly signed was first distributed in the mid-1990s by Sister Camille D'Arienzo, a Roman Catholic nun from Brooklyn, New York. the idea for A Declaration of Life came about as a result of the New York gubernatorial election. in 1994, George Pataki ousted incumbent Mario Cuomo. in no small measure, Pataki's pro-death penalty promise helped fuel his victory.

A Declaration of Life is an intensely personal plea that asks, should the signer be killed as the result of a violent crime, that his or her murderer not be subjected to the the death penalty, for it would "only increase my suffering," according to the document.

Tens of thousands of copies of A Declaration of Life have been distributed and signed since, including ones by Mario Cuomo, Susan Sarandon and Martin Sheen. Sister Helen Prejean, the author of "Dead Man Walking," lent her name and has spoken on behalf of the document.

the popularity of A Declaration of Life crosses secular and state lines. the document has found an ardent following of signers even in Texas, which historically leads the nation in executions, and at the United Methodist Church of Cheshire, Ct. where the Petit family were enthusiastic members. According to Sister Camille, whole religious congregations have adopted use of the document. "Not a week goes by that someone doesn't inquire about the Declaration," the Sister said.

still, the influence of the document has not been tested in the fifteen years of its existence. until now. Jennifer Hawke-Petit is believed to be the only person who signed A Declaration of Life and whose alleged murderer is being tried on capital charges. There was one other known signer who was murdered. Sister Karen Klimczak was killed in a halfway house for prisoners in Buffalo several years back. but her attacker did not face the death penalty.

Steven hayes' triple murder trial begins sept. 13th

Below is sections of "A Declaration of Life," a document Jennifer Petit, who was killed in the Cheshire, Ct. home invasion murders, purportedly signed as a member of the United Methodist Church of Cheshire. There has been little mention of the document in the run-up to accused triple murderer Steven Hayes' trial that starts next month. Hayes has been charged with capital crimes and faces the death penalty. It will be interesting to see if prosecutors give any credence to this profoundly personal request from the grave:

"THEREFORE, I hereby declare that should I die as a result of a violent crime, I request that the person or persons found guilty of homicide for my killing not be subject to or put in jeopardy of the death penalty under any circumstances, no matter how heinous their crime or how much I may have suffered. The death penalty would only increase my suffering.

I request that the Prosecutor or District Attorney having the jurisdiction of the person or persons alleged to have committed my homicide not file or prosecute an action for capital punishment as a result of my homicide.

I request that this Declaration be made admissible in any trial of any person charged with my homicide, and read and delivered to the jury. I also request the Court to allow this Declaration to be admissible as a statement of the victim at the sentencing of the person or persons charged and convicted of my homicide; and, to pass sentence in accordance with my wishes.

I request that my family and friends take whatever actions are necessary to carry out the intent and purpose of this Declaration; and, I further request them to take no action contrary to this Declaration.

Steven Hayes' trial begins Sept. 13th

back in March, after speaking in front of the Connecticut legislature's Judiciary Committee, Dr. William Petit denied ever seeing the A Declaration of Life document that his wife purportedly signed. He also told reporters that he and his wife never talked about the death penalty issue, even though their church is a very active participant in the anti-death penalty movement.

if Jennifer Hawke-Petit's church, the United Methodist Church of Cheshire, used the most common of the A Declaration of Life documents, then it was signed in front of two witnesses and a notary public. More to come.

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according to members of her church, Jennifer Hawke-Petit signed A Declaration of Life, but there has been no sign and little talk of the document. A Declaration of Life is a contract of sorts that states a person's objection to the death penalty and requests, should that person be a victim of homicide, that the death penalty not be imposed.

along with her two daughters, Hayley, 17, and Michaela, 11, Hawke-Petit was murdered during the Cheshire, Ct. home-invasion in July of 2007. The alleged murderers, Steven Hayes, 47, and Joshua Komisarjevsky, 29, both face the death penalty in upcoming trials.

the mystery of the missing document raises several possibilities, among them are:

1. defense attorneys have the document and are waiting for the trial. Presenting such a document to the jury would provide an incredibly dramatic moment and perhaps a sentencing game-changer.

2. Hawke-Petit's church, the United Methodist Church of Cheshire, has the document and is conflicted over whether or not to release it. The United Methodist has a long anti-death penalty history, but the vicious cruelty of the Petit murders in its own backyard has tested the church's resolve.

3. Dr. Petit, Hawke-Petit's husband and lone survivor of the home invasion, has the document, and doesn't plan on showing it to anyone. Dr. Petit has become increasingly vocal over the past few months in his desire to see hayes and komisarjevsky executed.

4. lastly, and undoubtedly the most ironic of the possibilities, is that the document was destroyed in the fire that consumed the Petit home and killed Hayley and Michaela. presumably, the fire was set by komisarjevsky and hayes in an attempt to silence witnesses and cover their tracks. Hawke-Petit was raped and strangled before the fire was set.

steven hayes' triple murder trial begins on sept. 13th, komisarjevsky's in the beginning of next year.

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according to members of her church who were interviewed by The New York Times, Jennifer Hawke-Petit believed fervently that the death penalty was wrong and probably signed A Declaration of Life agreement. Along with her two daughters, Hayley, 17, and Michaela, 11, Hawke-Petit was murdered during the Cheshire home-invasion.

today her husband, Dr. William Petit, the lone survivor of that home-invasion, asked the people of Connecticut to support pro-death penalty candidates in the upcoming elections.

Petit's remarks came after a pretrial hearing where a judge heard arguments by the defense that Gov. Jodi Rell violated their client's rights when she vetoed legislation that would have abolished the death penalty in Connecticut. Rell cites Dr. Petit in the press release explaining her veto.

the trial of steven hayes, one of the two men accused of murdering Petit's family, begins sept. 13th. hayes is being tried for capital crimes and could face the death penalty.

in the months following the release of In the Middle of the Night I turned down numerous interview requests including network true-crime shows. a good part of my reasoning was that I saw myself in a no-win situation, I would either, because of the avalanche of negative reaction to the book, come across defensive, or look like I was trying to profit off of someone's terrible misfortune (there were also legal concerns). earlier this year, i came to the decision that my self-imposed moratorium had lasted long enough. one of the interviews I gave was to The Learning Channel.

that show airs Sunday night (June 20th) at 10pm and replays the following Wednesday (June 23rd) at 7pm.

a poignant moment was captured by Randall Beach from the New Haven Register in New Haven Superior Court late last week. Away from the spotlight, jury selection crawls to the finish. only two backups are now needed to complete the panel of 20 jurors, alternates and backups for Steven Hayes' trial, which begins in Sept. Gone now is the press, the curious and even relatives. In the gallery sits only Dr. Petit and one woman, described by the reporter as a family friend.

only God knows what thoughts play in the doctor's head as sits in such solitude only a few feet from steven hayes, the man who has admitted killing Dr. Petit's wife and two daughters.

it will be a moment when the whole state of Connecticut will still and listen.

the emotional impact of Dr. Petit testimony promises to be enormous.

if all goes as planned, Dr. Petit will take the stand a little over a month before Connecticut chooses a new governor. the death penalty debate will be in full throat. in a letter to prosecutors, Thomas Ullman wrote that there is a "realistic probability" that the next governor will be anti-death penalty.

let's see how probable that outcome is after Dr. Petit tells the court what happened to his wife and two daughters.