Komisarjevsky wants trial overturned

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HARTFORD, Conn. (WTNH) — One of the two men convicted of killing three members of the Petit family now wants his conviction overturned and wants a new trial.

Lawyers for Joshua Komisarjevsky have filed a motion with the state Supreme Court. They want to know why more than 40 taped calls from the Cheshire Police Department were not turned over to them before Komisarjevsky was convicted in the murders of the Petit family.

In July of 2007 Jennifer Hawke_Petit and her two daughters, Hayley and Michaela, were killed during a home invasion. Dr. William Petit was badly beaten but survived. Komisarjevsky and a second man, Steven Hayes, were convicted of murder and sentenced to death.

According to the Hartford Courant, Komisarjevsky’s lawyers want what’s called an evidentiary hearing for two reasons; one, to fix the original court record; and second, they want the conviction overturned and a new trial for komisarjevsky because they claim his rights were violated since evidence — basically those police tapes — were withheld.

Lawyers say the calls would show that police response in the case was inadequate.

The Chief State’s Attorney’s Office has 10 days to submit a rebuttal.

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