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Judge Issues Gag Order In Cheshire Case

Gag Order Requested By Suspected Home Invader's Attorney

POSTED: 11:27 am EST November 6, 2007
UPDATED: 7:09 pm EST November 6, 2007

The judge in the case of a deadly home invasion in Cheshire has ordered a gag order.

The state's attorneys, police departments and defense attorneys involved in the case against two men charged in the deaths of a mother and her two daughters have been ordered to not talk to the media.

Video: Gag Order Issued In Cheshire Slayings

The attorney for suspect Steven Hayes, 44, of Winsted, had asked for the order.

He cited news reports that used anonymous police sources to provide details about the crime, saying they would harm his client's right to a fair trial.

State prosecutors claimed in court Tuesday that the state's attorney's office and the police departments involved in the investigation were already instructed to not comment on the case.

David Atkins, who represents the Hartford Courant, argued that the gag order was in violation of free speech.

"We're disappointed that the judge did not accept our argument that a sweeping ban on what law enforcement and others can and cannot say to news organizations will have a severe impact on the Constitutional protected right of my client and other news organizations," Atkins said.

Hayes is due to return to court Nov. 27 after pleading not guilty to capital felony murder charges last week.

Joshua Komisarjevsky, 27, of Cheshire, pleaded not guilty to the same charges and waived his probable cause hearing last week.

The two have been held on $15 million bond each since they were arrested July 23 after police said they took the Petit family hostage, killing 48-year-old Jennifer Hawke-Petit and her daughters, Hayley, 17, and Michaela, 11. Both were on parole for burglaries at the time.

Hawke-Petit, who was taken to a bank and forced to withdraw money during the ordeal, was strangled. The girls died from smoke inhalation after the family home was set ablaze. The lone survivor, Dr. William Petit Jr., was badly beaten but managed to escape.

Police said Hayes and Komisarjevsky were arrested as they tried to flee the scene.

Prosecutors have said they will seek the death penalty.

Judge Richard Damiani did not specify how long the gag order would last, but did say that he expects both Komisarjevsky and Hayes to be tried separately.

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