Prosecutor Agrees That Hearing Needed for Komisarjevsky's Bid for a New Trial in Cheshire Triple Homicide

A state attorney has agreed with Joshua Komisarjevsky’s appeal lawyers that a court hearing is needed to address the issue of a new trial in light of the recent discovery by Cheshire town employees of a file cabinet containing sought-after police recordings from the day of the town’s triple-homicide, according to the New Haven Register.

Attorneys for Komisarjevsky, who is on death row after being convicted for felony murder for the 2007 killings of Jennifer Hawke-Petit and her children, Michaela, 11, and Hayley, 17, filed a motion with the state Supreme Court several weeks ago seeking a new trial because tapes of Cheshire police calls allegedly were not provided to the defense team during his trial.

The Register reports that Senior Assistant State’s Attorney Marjorie Allen Dauster wrote in a legal response that the hearing is needed to put on the record the circumstances surrounding the disclosure of some of the calls; to determine if any communications were not disclosed or provided to the defendant; to determine if any of those communications “were favorable”; and to determine whether the case against Komisarjevsky “was prejudiced” by these events.

Dauster also wrote in her response, via the New Haven Register, that the state will challenge the Komisarjevsky team’s assertion that the phone call evidence is favorable to his case or relevant. But she added, “Circumstances have come to light that bear on whether the state disclosed evidence in its possession.”

Read the full story at the New Haven Register here.

(Pictured: Joshua Komisarjevsky/ Department of Correction photo)

Have a news tip? Email Vincent.salzo@patch.com. You can also post your own news, events and announcements on Patch by following these directions. Curious about how our new commenting platform, Disqus, works? Learn more about it here and start interacting with your neighbors on Patch.