The trial of Steven Hayes has faced a two-day delay following the hospitalization of presiding superior court judge Jon Blue, according to several media outlets. Proceedings were delayed as fears circulated that the trial could devolve into a mistrial, following the loss of four jurors within the first two days of the trial.
Hayes is one of two men who allegedly murdered Hayley Petit in 2007. Petit was to matriculate with the Class of 2011.
In addition to Petit, Hayes is accused of killing her mother, Jennifer Hawke-Petit, and her sister Michaela Petit, and assaulting her father William Petit, Jr. '78, who was the lone survivor of the attack. Hayes and the other suspect, Joshua Komisarjevsky, are being charged with capital murder, kidnapping, sexual assault, burglary and arson. Komisarjevsky, unlike Hayes, has not pled guilty and is awaiting trial.
The trial originally scheduled to continue on Monday will now commence Wednesday, according to The Middletown Press.
Blue's hospitalization was a setback to the trial's schedule, but few think that it will have a major impact on the outcome or proceedings of the trial itself, according to New Haven attorney Tara Knight, who is not involved in the case.
According to CNN, Blue was checked into the hospital for routine observation and testing, not for a serious illness.
Problems with the Hayes trial began at the outset of the proceedings on Sept. 13, when Blue excused three of the 19 jurors from serving after each raised different objections to staying on. The jury panel was further diminished when a fourth juror was dismissed on Tuesday, citing an inability to authoritatively evaluate the evidence of the case due to "all the fumbling around with the evidence" during the trial, The Press reported.
The jury panel now numbers 12 regular members and three alternate jurors, according to The Press. Under Connecticut state law, "no person, charged with an offense which is punishable by death of life imprisonment, shall be tried by a jury of less than twelve without his consent."
Some commentators have criticized Blue for being abnormally lenient in excusing so many jurors from the trial, The Press reported. Blue said the incident in which one of the jurors objected to the presentation of evidence was very unusual.
John Williams, a defense attorney in Connecticut, said he had never heard of a judge allowing four jurors to excuse themselves from a trial.
"I don't think those people have legitimate excuses for leaving the jury," Williams said in an interview with The Dartmouth. "They might find it inconvenient or they might have funny feelings about the case, but if that is the standard for being a juror, we're never going to finish a trial in this state."
But others, including Knight, said they believe Blue is simply being vigilant in protecting the records of the trial, in the case of a conviction and consequent appeal.
"I think Judge Blue is being exceedingly cautious in trying to filter out any potential prejudice among the jurors," Knight said. "If there is a conviction, there will most certainly be an appeal, and if he has been good about letting people go, that will take away a possible appellate issue."
Because of the rate at which jurors have dropped out of the case, concerns have arisen that the case may be declared a mistrial. Knight said that due to the unusually small number of alternate jurors, the chances of a mistrial are greater than normal.
"A mistrial would be disastrous for the Petit family, as they are looking for some amount of retribution and justice," Knight said. "It would also be bad for the court system due to the time and money that has been involved. However, it would not be disastrous for the defense, as they would then get a chance to go back to the drawing board."
Both Williams and Knight said they believe that a mistrial is unlikely.
"I don't think the trial will be sidetracked at all," Knight said "We're seeing some bumps in the beginning here, but it will develop a rhythm soon. These problems are pretty unusual, so I can't see a continuation of these interruptions."
The evidence against Hayes is so overwhelming that it is unlikely his guilt could be disputed, Williams said.
Williams and Knight agreed that the trial is particularly stressful because of the horrific nature of the crimes committed. But Williams said the stress is no excuse for a juror to excuse him or herself from the trial.
The trial faced several earlier delays, including one lasting six weeks during the jury selection period after Hayes attempted to commit suicide in prison on Jan. 30. Following the suicide attempt, Hayes' lawyers attempted to challenge aspects of his imprisonment, including his inability to maintain proper hygiene and medical care while incarcerated, The Dartmouth previously reported.
The trial was delayed again when Hayes experienced a seizure on Sept. 16, leading to a mid-day adjournment, CNN reported.
Hayes and Komisarjevsky allegedly invaded the Petits' Cheshire, Conn., home around 3 a.m. on July 23, 2007. At 9 a.m., the accused forced Hayley's mother, Jennifer Hawke-Petit, to go to the bank and withdraw a large sum of money. She then alerted a bank employee that her family was being held captive.
When police arrived at the house, they found the Petit residence on fire. The suspects attempted to flee the scene, but crashed their getaway vehicle into two police cars, which had been positioned as a roadblock, The Dartmouth previously reported.
William Petit had been badly beaten, but managed to escape his home with severe head wounds and crawl to a neighbor's house, where he sought help, The Dartmouth previously reported. Autopsies of Hawke-Petit and her daughters showed that Hawke-Petit was strangled and her daughters died of smoke inhalation.
Hayley Petit had been admitted to the College as an early decision applicant and a women's crew recruit, The Dartmouth previously reported. She was active in high school activities and started Hayley's Hope, a fundraising organization that raised money for multiple sclerosis research. Hawke-Petit was diagnosed with the disease in 1999, and both Hayley and her sister Michaela were active in finding a cure, The Dartmouth previously reported.
