Key pieces of evidence that could give one of the Cheshire murderers another trial has just been released.
Joshua Komisarjevsky's legal team said they didn't have all the evidence they needed to prove that the Cheshire Police Department's response was inadequate.
Komisarjevsky's defense team argues that if the police had a faster response, they may have been able to prevent the actual deaths of Jennifer Hawke Petit and her two daughters.
On Thursday, tapes from the internal communication between police was released to Eyewitness News.
“The captors might be in the car with her. Chrysler Pacifica. The bank manager was the one who called us. The lady didn't want to notify police because they have her family tied up,” police stated
Those are some of the facts of what happened on July 23, 2007. The Petit family was tied up in their Cheshire home by Joshua Komisarjevsky and Steven Hayes. In the end, Jennifer Hawke-Petit and her daughters died at the hands of these killers.
While both men are facing life sentences, Komisarjevsky's team wants a new trial. They're trying to frame the discussion around the police response. When Petit was leaving the bank with $15,000, the tapes, released on Thursday, show police may have seen her on the way back home, but were wary.
"I don't know if she's a wing nut or if this is something actually. Seems kind of unreal that we'd not have anything with this family before…Why don't you head down to that area," the tapes played.
Based on the rest of that call, Eyewitness News can't determine what police did next. But those tapes go on to show the response at the house. Police were very determined to get a perimeter set up before making any contact with those inside.
“I do not want you to approach the house. Hang back from that location,” one officer can be heard saying on one of the released tapes.
Another officer suggests going in, but was told not to.
Officer: "I can approach it from the back side and try to make contact."
Responding officer: "Hold off on the contact. We want to see if the garage is open or anything like that."
While the tapes were made public on Thursday, and while the public is hearing it for the first time, it should not have come as a surprise to Komisarjevsky's team because they were submitted to Hayes' defense lawyers.
It's not like Cheshire police were trying to hide it. Even the judge last month blamed it on human error rather than something malicious.
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