Lawyer: 2nd suspect in Conn. home invasion killings would plead guilty if spared death penalty

Atty: Guilty plea for sparing Conn. suspect’s life

NEW HAVEN, Conn. — An attorney for one of two men charged in the home invasion killings of a mother and her two daughters said Friday his client would plead guilty to the charges if he is spared the death penalty.

Joshua Komisarjevsky’s attorney, Jeremiah Donovan, told The Associated Press his client has no plans to change his not guilty plea unless the state agrees not to pursue a death sentence. He noted that he’s offered that deal on behalf of his client from the beginning of the case.

“We said during the very first appearance in court and we continue to say that we would plead guilty to all the charges so long as the state didn’t insist upon the death of Joshua,” Donovan said.

Komisarjevsky, 29, and Steven Hayes, 46, have pleaded not guilty to capital felony murder, sexual assault and other crimes in the 2007 deaths of Jennifer Hawke-Petit and her daughters, 11-year-old Michaela and 17-year-old Hayley.

They are accused of breaking into the Petit home in Cheshire, beating Dr. William Petit and holding the family hostage for hours before strangling his wife, Jennifer, and setting the house on fire. Michaela and Hayley, who had been tied to their beds, died of smoke inhalation.

Hayes told New Haven Superior Court Judge Jon Blue at a competency hearing Thursday he wanted to change his plea to guilty. Defense lawyers have been concerned about Hayes’ mental state since he tried to kill himself in prison Jan. 30 and oppose the move, which is not part of a plea deal.

Hayes could be executed if he is allowed to change his plea to guilty. The judge told him either a jury or a three-judge court would determine his sentence because he is not allowed to plead guilty to a death sentence.

A change of plea would have to be accepted at a formal hearing.

Defense attorneys said prosecutors have rejected Hayes’ and Komisarjevsky’s offers to plead guilty in exchange for life in prison without parole, but prosecutors have refused to comment.

A telephone message was left Friday with New Haven State’s Attorney Michael Dearington.

Jury selection has been ongoing in preparation for Hayes’ trial, which had been scheduled to begin in September. Jury selection for Komisarjevsky is scheduled for January.