ROSS MENTAL TEST RESULTS:
Do you recall the victims of Ross' crimes (l.)?  Read record of teleconference that further delayed execution...
The story by Lynne Tuohy (included below) from the January 12, 2005 Courant is referenced in the Wednesday, January 26, 2005 Courant--the later article says:  "...Ross, 45, has opted to forgo appeals still open to him and 'volunteer' to be executed. In a four-hour videotaped interview on Dec. 15 with Dr. Michael Norko, a psychiatrist, Ross - a Cornell University graduate - appears lucid and eloquent and exhibits a command of death penalty case law and the issues he still could raise..."  Federal Judge threatens Ross' lawyer to force the issue of putting off execution until...the Legislature can make the death penalty a no-no in CT - not yet (May 2007)? 


Death penalty opponent wins Democrat primary :  ”... I will give everyone the best representation that they deserve,” she said.
All but one primary challenge falls short;  Bridgeport attorney defeats incumbent in legislative primary, but she's the only one 

DAY
By Susan Haigh    
Published on 8/14/2008 
          
Hartford - A Bridgeport lawyer who is defending a suspect in the Cheshire home invasion killings was the only challenger to beat an incumbent in Tuesday's Connecticut legislative primaries.

Auden Grogins said Wednesday that the state's new public financing system and six months of intense campaigning helped her to defeat Democratic Rep. Robert Keeley, who is serving his 25th year in the House of Representatives representing Bridgeport.

”It's astonishing,” she said of her 732-to-638-vote victory. “I'm thrilled, but it was an uphill battle and it was a lot of hard work and I had to stay unbelievably focused and I'm still absorbing it right now.”

Messages were left seeking comment with Keeley.

There were 12 state House and three Senate primaries held on Tuesday. Of those, eight current state lawmakers, including Keeley, faced challenges. There also was a primary for the U.S. House in the 4th Congressional District, where the party-endorsed candidate, Jim Himes of Greenwich, easily defeated challenger Lee Whitnum.

All the winners of the legislative primaries participated in the state's voluntary Citizens Election Program, according to the State Elections Enforcement Commission. The program provides grants to qualified candidates for state offices. The commission says 238 legislative candidates have signed up.

Grogins, 46, who runs a solo law practice in Fairfield, faces Republican Phillip Young in November's general election.

Grogins said she doesn't expect her work on the Cheshire case will pose any professional conflicts if she is elected. The July 23, 2007 home invasion, which left a mother and her two daughters dead, sparked numerous reforms to the state's criminal justice system and several new laws, including one that established a new crime of home invasion.

”I will represent the best interest of Bridgeport. What I do for a living is separate and apart,” she said.

Grogins said she plans to vote on any bills that might relate to the Cheshire killings.

”I can vote on new laws. That doesn't mean I'm not in favor of new laws,” she said. “It means I have probably a more expansive perspective.”

Grogins is one of two private attorneys appointed by the court to represent Joshua Komisarjevsky, one of the two Cheshire suspects who face a possible death sentence. She is working with attorney Jeremiah Donovan. The second suspect, Steven Hayes, is being represented by state public defenders.

It's unclear when the cases might go to trial.

Grogins said should be able to balance her work on the high-profile home invasion case with her legislative duties.

”And I will give everyone the best representation that they deserve,” she said.

Grogins has nearly 20 years of trial experience, including work on other capital felony cases. She said she's among a dozen private attorneys on a rotating list used by the state when it needs to hire outside counsel as special public defenders in death penalty cases.



Sensible Criminal Reform 
DAY editorial
Published on 1/24/2008 

The Legislature meeting in special session this week chose wisely in approving substantive reforms to improve the parole system and reduce the chances of more home invasions like the one in July that ended with the brutal murders of a Cheshire mother and her two daughters.

The majority of lawmakers also chose wisely in rejecting a Republican legislative proposal to implement a “three strikes” policy that would have provided for an automatic life sentence upon a third conviction.

Both the Democratic leadership in the Senate and a special task force appointed by Republican Gov. M. Jodi Rell had come up with similar reform proposals. The public had the right to expect quick action and they got it. If only the General Assembly could act so expeditiously all the time.

Penalties for home-invasion burglaries become tougher. Classified as a Class A felony, the crime becomes punishable by a minimum sentence of 10 years, a maximum penalty of 25 years. Those convicted of home invasion must now serve at least 85 percent of their sentences.

The likelihood of violence increases exponentially when burglars invade an occupied dwelling. Faced with the prospects of lengthy prison sentences, perhaps some would-be burglars might think twice now. And those who do the crime will rightly face very long prison time.

The law also requires the state to update the criminal justice computer data system assuring that parole officials know the full history of criminals seeking early release. The bill creates full-time positions on the Board of Pardons and Parole, reorganizing the board and giving it the staff needed to operate as a truly professional organization.

To better supervise released prisoners the bill adds 10 new parole officers to the system and expands and upgrades GPS monitoring. These are good first steps, but also needed are support programs to give ex-cons every reasonable chance to find jobs and access the counseling they may need. The necessity to provide a support system for released prisoners going back into the community was rightfully noted by Rep. Ernest Hewett, a New London Democrat. He should revisit the subject during the upcoming regular session.

Even given every chance some former inmates, of course, will choose to return to a life of crime, but by helping provide other choices — such as assistance in obtaining a paying job — the state can reduce the numbers who do. The result would be long-term savings for the public and a safer society.

Conversely, a three-strike felony law would have been bad policy and, by the way, would not have applied to the two alleged Cheshire attackers, who had a long history of non-felonious crimes. A three-strike law would have only aggravated an already crowded prison system and almost certainly resulted in more costly prison construction.

Judges and prosecutors are best suited to evaluate the unique circumstances of each case. A one-size-fits-all approach to sentencing distorts the justice system. Prisoners looking at third-strike convictions would have no motivation to plea bargain. The result would have been more trials resulting in more acquittals and further bogging down the court system.

A tough on crime, three-strikes law makes for good press releases and campaign slogans, but the experience in other states illustrates that such laws create more problems than they solve. The Connecticut General Assembly was right on focusing instead on fixing those flaws in the system highlighted by the Cheshire tragedy.






And the House followed after midnight...story here.
Senate Approves New Home Invasion Law
Hartford Courant
The Associated Press
7:28 PM EST, January 22, 2008


The state Senate on Tuesday approved legislation intended to toughen laws against home invasions and improve how the judicial system handles prisoners on parole.

The 36-0 vote was the first legislative action in response to a burglary in Cheshire last July in which Jennifer Hawke-Petit and her daughters, Hayley and Michaela, were killed.

The legislation was immediately sent to the House which was expected to approve it.

The arrest of two paroled burglars who were charged in the killings prompted debate about how to make state law stronger and improve Connecticut's parole system. The bill is a compromise between Republican Gov. M. Jodi Rell, who convened a task force to study the issue, and Democrats who control the General Assembly.

"The people in my district have had it. They're done." Sen. Thomas Gaffey, D-Meriden, said during Senate debate. "When you don't feel safe in your home what else do you have?"

The legislation would establish a new crime of home invasion and increases the penalty for burglary of a home at night by making it a first-degree burglary instead of second-degree.

Anyone who is convicted of second-degree burglary or home invasion would not be eligible for parole until after serving at least 85 percent of the sentence under terms of the legislation.

The bill would require global positioning system monitoring of an additional 300 parolees. It also would require the criminal justice system to develop a comprehensive information technology system to improve information sharing among state agencies, board, commissions, local police departments and other law enforcement officials.

Legislative leaders agreed to Rell's demand that they drop a provision requiring prosecutors to prove a suspect knew a home was occupied to charge that suspect with home invasion.

"The governor wanted the tough language, not allowing an alleged criminal to say he didn't know that no one was home," said Chris Cooper, Rell's spokesman.

The Senate defeated an amendment, supported by the governor, that would have kept offenders convicted of three violent crimes in prison for at least 30 years.

Sen. Andrew McDonald, the Senate chairman of the Judiciary Committee, said lawmakers acted to achieve a compromise and Cooper said Rell is satisfied with the legislation.

Many of the Republican governor's reform ideas were similar to proposals put forward by the majority Democrats, such as creating a full-time Board of Pardons and Paroles and retooling the state's persistent felony offender law.

But Rell and the Democratic leaders differed on how to handle persistent offenders.

The so-called "three-strikes" amendment called for a Superior Court review of a third-time offender's sentence after 30 years or after the inmate is eligible for release, whichever is later.

"We don't want people going into corrections on the installment plan and being cycled out and committing these horrible crimes," said Sen. John Kissel, R-Enfield.

Democrats, acknowledged that the Republican proposal was a tempting law-and-order issue, but argued that judges need flexibility went imposing sentences on violent criminals.

"I urge you not to take that discretion away," said Sen. Edward Meyer, D-Guilford.


Cheshire Dispatch Log Released; Nearly 5 Minutes Elapsed Between 911 Call And Police Broadcast
By DAVE ALTIMARI And COLIN POITRAS | Courant Staff Writers
January 22, 2008

Newly released dispatch records show a nearly five-minute gap between the time Cheshire police received an initial 911 call last July about an "incident" at the home of Dr. William Petit and the time officers were dispatched to the scene.  It took seven minutes from the time of the 911 call for police to broadcast a detailed description, including a license plate, of a possible suspect's car that may have been driving in the area, records indicate.

A Cheshire officer was only a few blocks away on Higgins Road when the call to respond to the Petit home at 300 Sorghum Mill Drive went out. But the officer was ordered to stay back and not approach the house. Instead he parked out of view of the house and hid in some nearby woods watching the back of it.

That first officer was outside the Petit home for at least 26 minutes before the two men who allegedly murdered Jennifer Hawke-Petit and her two teenage daughters were captured fleeing the horrific scene.  The heavily edited dispatch log and transcript of the police response was released to The Courant Monday as part of a freedom of information request.

The documents describe police officers setting up for a long hostage situation by attempting to establish a secure perimeter and waiting for SWAT team members and equipment to arrive rather than trying to contact the possible suspects or attempting to rescue family members trapped inside.  Investigators now know that Jennifer Petit, 48, and her two daughters, Hayley, 17, and Michaela, 11, were alive while officers were outside the home and were killed in the final minutes of their seven-hour ordeal. The two suspects are accused of strangling the mother and leaving the girls to die, tied to their beds as the pair fled the flaming house.

Joshua Komisarjevsky, 27, and Steven Hayes, 44, were captured by Cheshire police at 9:58 a.m. when they used the Petits' SUV to ram through a roadblock only a block from the house. Both men face capital felony charges.

Dr. William Petit Jr. escaped, despite being bound and severely beaten. He hopped out the basement bulkhead to a neighbor's yard less than two minutes before the suspects were seen running from the home. 
Cheshire police were close enough to the home to see Petit escaping, according to dispatch records.

"We got an 18 [Cheshire police code for a person] somewhere out ... it sounds like it's coming from your direction, so just be aware of it. Sounds like he's outside, somebody's outside anyhow," an officer said on the dispatch tape.

As one officer was yelling for a dispatcher to call an ambulance for Petit, others were alerting each other that the suspects were fleeing the house and still others were reporting the house was on fire. That chaotic, rapid-fire radio traffic occurred in a little over a minute while police were still trying to set up a nearby command post.  Cheshire police Monday declined to comment on their response to the triple killings, citing a gag order imposed by New Haven Superior Court Judge Richard Damiani on all parties involved in the case.

The department's response has been the focus of Internet chat groups and radio talk shows ever since the July 23 incident.  Cheshire Police Department spokesman Lt. Jay Markella has defended the officers' actions in interviews with The Courant. Sources have said that police were not sure about what was happening at the Petit home because the information they received in the initial 911 call was not clear.

"The Cheshire Police Department's officers acted properly and according to their training," Markella said in a recent phone interview. "Based on the information that was received, the officers followed procedure and protocol."

Police have declined to release the initial 911 call from the manager of a local Bank of America and also would not release the second 911 call made by a neighbor after Petit had hopped over to his yard screaming for help because they said the doctor himself can be heard on the tape. Damiani has also ruled that disclosing the 911 call from bank officials could be prejudicial to the defendants.  Police also have declined to turn over statements and reports of police officers that are part of a more than 300-page incident report, claiming the officers are potential witnesses at future trials.

Some other materials released Monday make veiled references to a half-dozen tips from confidential informants, the existence of letters written by one of the accused and a previously undisclosed injury to an unnamed officer. Police would not release supporting information about any of those issues.  The police became aware of the Petits' ordeal with the 911 call from the Bank of America manager at 9:21 a.m.

Police believe the two career criminals broke into the Petit home about 3 a.m. and took members of the family hostage. Shortly after 9 a.m., police believe, Jennifer Hawke-Petit went to the bank with Hayes to withdraw $15,000 from her account in a last-ditch effort to save her family. While she was in the bank, Petit somehow informed bank employees her family was being held hostage.  Records show that dispatchers several times put the bank manager on hold during the initial 3-minute 911 call. The bank manager was then told to call back police headquarters on another line to get a further description of what took place in the bank.

The back and forth phone calls took nearly five minutes. A radio dispatch of an "incident" at 300 Sorghum Mill Drive occurred at 9:26 a.m. and a description of the Petits' car used for the trip to the bank, including the license plate number, was broadcast to police at 9:28 a.m.

The bank, located in the Maplecroft Plaza, is between seven and 10 minutes from the Petit home. The first officer who responded to the radio dispatch call to head to Sorghum Mill Drive was on Higgins Road just past Oak Avenue, which is no more than a minute from the Petit home.  Law enforcement sources have said privately that they wonder how Hayes was able to beat the first officer back to the Petit home. Dispatch records show that police responded first to the Petit house, not the bank.

The officer who was on Higgins Road was the first to arrive within sight of the Petit house at 9:32 a.m., records show.

Within seconds of his arrival, a shift commander not identified in the police records warns officers not to approach the house. The shift commander orders cruisers to stay back and gets a detective in an unmarked car to drive by the Petit house to assess the scene.  The dispatch tape describes officers trying to determine if people were in the Petit house and if indeed the car had returned home from the bank. A decision was made quickly to call in the SWAT team, and some of the members were already at the scene. Some of the radio traffic is from the officer on Sorghum Mill Drive asking headquarters to bring rifles and bulletproof vests and helmets to the scene.

Police on the scene were given the phone numbers for the Petit home by 9:44 a.m., but sources familiar with the incident said no one from Cheshire police ever tried to call the house and make contact with Hayes or Komisarjevsky.



Lawmakers to meet in special session on crime bills
DAY
Posted on Jan 21, 5:24 PM EST

;
HARTFORD, Conn. (AP) -- Legislators say they expect lengthy debate on ways to strengthen the state's laws against home-invasion crimes and violent repeat offenders when they meet in a special session Tuesday.

Republican and Democratic state leaders say they have reached a compromise on most topics on the agenda, but that those two final items remained unresolved late Monday.  Many of the proposals came in the wake of the deadly Cheshire home invasion in which Jennifer Hawke-Petit and her daughters, Hayley and Michaela, were killed last summer.  Two paroled burglars have been charged with the crimes and, if convicted, face the death penalty.

Dr. William Petit, the sole survivor of the July 23 crime, has urged lawmakers to overhaul the parole board and make other law changes. He has also asked them to put politics aside in order to fix the problems.

One unresolved question that legislators will face at Tuesday's General Assembly session is how to define "home invasion," and whether it matters if the offender knew someone was home when he or she broke in.

Gov. M. Jodi Rell and Republican leaders say the draft bill to tighten those laws is weakened by a provision they call a loophole, in which someone could not be convicted of home invasion unless prosecutors could prove the criminal knew the house was occupied.

"The governor's feeling is that if someone's in the home, that's a home invasion no matter what, and she thinks a night burglary should also be classified as a home invasion," Christopher Cooper, a Rell spokesman, said Monday.

Derek Slap, a spokesman for Senate President Pro Tem Donald Williams, D-Brooklyn, said Williams agrees the bill's wording should be changed.

"The Senate president feels strongly that if you break into somebody's home, and they are home, it's home invasion," Slap told The Hartford Courant. "In addition, he doesn't have a problem with the governor's proposal that if you break into somebody's home at night - whether they are home or not - that's home invasion."

State Democrats and Republicans also have not reached consensus on how to update the state's laws on repeat offenders of violent crimes, and what effect it would have on the state's already-crowded prisons.

Rell has said she wants Tuesday's session to focus on changes that don't have an immediate budgetary impact. She also said she hopes lawmakers will wait until the regular legislative session - which opens on Feb. 6 - to handle bills with financial ramifications.

Lawmakers are scheduled to convene in the special session starting at 10 a.m. Tuesday.



Dr. Petit Writes to Legislators
Hartford Courant
Capitol Watch, November 28, 2007


Dr. William A. Petit, Jr., the only survivor of the horrific slayings of his family at their Cheshire home this summer, is asking state legislators to set aside partisan politics as they try to close various loopholes in the state's criminal laws in an attempt to prevent any similar tragedies from occurring.

The six-paragraph letter was addressed to the leaders of the legislature's judiciary committee, and copies were sent to the governor and top legislative leaders.

"My life changed profoundly 126 days ago,'' Petit said in his opening sentence. "From the thousands of communications I have received from so many people inside and outside of Connecticut, I understand that others' lives have also been changed. Those horrible events not only took the lives of my beautiful and wonderful wife and daughters, but they also exposed some glaring defects in our laws and their inability to adequately ensure our public safety. Every resident of Connecticut deserves to have those glaring deficiencies in our public safety laws corrected fully and promptly.''

Petit added, "I firmly believe that political considerations should have no place in this debate. From my perspective, the sole issue and the only legitimate focus should be public safety and the protection of the citizens of Connecticut from those who do not respect them or our laws.''


Lawmakers vote to call special session on criminal justice reform
Stamford ADVOCATE
By Brian Lockhart
Published December 6 2007

HARTFORD - The General Assembly voted yesterday to open a special session to act on criminal justice reforms before the next regular session begins in February.  The open-ended session is to begin this morning, but no date has been set for a vote on bills that are proposed.  Leaders of both parties sent mixed signals over whether there would be a vote before February.

State Rep. Michael Lawlor, D-East Haven, co-chairman of the Judiciary Committee, said he was "100 percent" certain that a date would be scheduled in January to vote on criminal justice and parole reform bills.

"It would just be too complicated to do it in a regular session," Lawlor said.

But the co-chairman, state Sen. Andrew McDonald, D-Stamford, told colleagues there was much to do before a bill would be ready for a vote.

"There are no promises," McDonald said.

The Judiciary Committee has been considering changes in the parole system and other criminal justice practices since three members of a Cheshire family were murdered in a home invasion in July. Two paroled burglars are charged with killing Jennifer Hawke-Petit and her 17- and 11-year-old daughters.

In late summer, the General Assembly's Republican minority began pressuring Democratic colleagues to immediately schedule a special session to enact reforms.  But Lawlor and McDonald and their caucuses argued for a review that would examine all options, the effects on the prison system and the costs.  The committee held a 12-hour public hearing Nov. 27 on 15 proposals from Lawlor, McDonald, Republican leaders, other legislators and criminal justice professionals.

The House of Representatives was the first yesterday to take up the Democrats' resolution to schedule an open-ended special session. Proponents said it allows for the General Assembly to be called to Hartford once legislation is ready for a vote.

"As soon as legislation's ready, we'll move without delay," said House Majority Leader Christopher Donovan, D-Meriden.

Republicans, including Minority Leader Lawrence Cafero, R-Norwalk, and state Rep. John Hetherington, R-New Canaan, unsuccessfully proposed a resolution calling for a special session no later than Jan. 16.

"The resolution before us has painfully little meaning," Hetherington told the House. "It's hard to understand why we can't set a date."

Donovan said the Judiciary Committee was waiting for a task force established by Republican Gov. M. Jodi Rell to conclude its examination of the criminal justice system.  The task force is not expected to submit a report until the end of the month.

Cafero said the two weeks between Dec. 31 and Jan. 16 is plenty of time for lawmakers to consider the task force report, incorporate its recommendations into the Judiciary Committee's proposals and vote.

"We've done it in two hours, let alone two weeks," he said.

Senators were less optimistic.

McDonald told the group there is plenty to do besides collaborate with the task force.

"We will have to . . . engage in a broader discussion with our colleagues on the Appropriations Committee" about budget effects, he said. "This is certainly an aggressive and ambitious agenda for the Judiciary Committee, and we're trying to work through it as quickly as possible. . . . There's no promises it will be completed in January."

Senate Republicans did not follow the lead of House Republicans in proposing a Jan. 16 deadline.

State Sen. John Kissel, R-Enfield, ranking Republican on the Judiciary Committee, said the hearing on criminal justice reforms was probably the longest of his career, and it offered many competing views to consider.

"I think we have our work cut out for us," Kissel said.


Conn. Minister Struggles With Death Penalty After Intruders Kill Daughter, Granddaughters 
DAY
By John Christoffersen, Associated Press Writer
Published on 11/16/2007 

New Haven — It's not easy for Richard Hawke to support the death penalty. The retired Methodist minister knows that his church opposes capital punishment. And he knows what scripture says about forgiveness.

But when he looks at a photo of his daughter, Hawke remembers the intruders who strangled her and killed her two daughters last summer in their suburban home.  Hawke, 76, and his wife have struggled with the issue, confiding in friends, searching the Bible and praying. He said he told a prosecutor: “These people had no right to continue to live in society.”

The United Methodist Church opposes the death penalty, but Hawke said it allows for individual conscience. He described himself as an opponent of capital punishment, with some exceptions for cases involving rape and children.  Jennifer Hawke-Petit, 48, and her daughters were held hostage for several hours before they were killed. Hawke-Petit's husband, Dr. William Petit, was beaten but managed to escape the house, which the attackers were accused of setting on fire.

The young girls — Hayley, 17, and Michaela, 11 — were tied to their beds and died of smoke inhalation. Investigators said gasoline was poured on and around them. Hawke-Petit and one of her daughters were allegedly sexually assaulted.

“I don't think people can imagine the terror that went through the lives of these three women during the hours they were held hostage,” Hawke said of the July 23 attack.

“Our kids weren't just shot,” he added. “They were tortured and terrorized. I couldn't get past that.”

Hawke-Petit, who did not know her assailants, was taken to a bank during the ordeal and forced to withdraw $15,000.  Two paroled burglars — Joshua Komisarjevsky, 27, of Cheshire, and Steven Hayes, 44, of Winsted — are awaiting trial in the slayings. If convicted, the men could be executed by lethal injection.  The Hawkes said their daughter's family was generous and socially conscious, often raising money for multiple sclerosis. Hawke-Petit, a nurse, suffered from the disease.

“They represented everything that was the opposite of those that took their lives,” Richard Hawke said by telephone from his home in Venice, Fla. “They were the epitome of good, and the others were the epitome of evil.”

Jennifer's mother, Marybelle, said she is opposed to the death penalty but worries that the suspects could eventually be released from prison.

“I think the crimes they committed have merited the loss of their lives or lifetime punishment,” she said. “I would always prefer for there to be lifetime punishment, but I don't have enough faith in the justice system that they would be held to lifetime in prison.”

Richard Hawke said he could accept a life sentence, noting that the death penalty would take years to carry out.  Hawke-Petit's church in Cheshire has actively opposed the death penalty, handing out so-called “declarations of life” that members can sign to express their opposition to capital punishment, even if they themselves were slain.

The Hawkes believe their daughter picked up a declaration, but they are unsure if she signed it.

“No one can positively say they saw her sign that and give it back to anyone,” Richard Hawke said, adding that she may have taken it home. “It's probably burned up in the fire.”

The Hawkes are focusing on fond memories, including visits by their granddaughters to their Florida home. The family enjoyed trips to a wild animal park.

“We're really grateful we had the number of years we had with them,” Richard Hawke said. But, he added: “We will be in a type of prison for the rest of our lives because of the loss of our loved ones.”



SORT OF LIKE AN "O.J. DEFENSE" - take pity on my client for he is an orphan (having just taken an axe to his parents...)
Cheshire 'Admissions' Cited - Defense Attorneys Argue Against Unsealing Of Affidavits In Triple Slaying
By ALAINE GRIFFIN And COLIN POITRAS | Courant Staff Writers
September 18, 2007
 
NEW HAVEN - Search warrant affidavits used by police in the investigation of the July triple slaying in Cheshire contain "purported alleged admissions" by the suspects in the case, defense attorneys for one of the suspects said Monday.

The revelation came as defense attorneys argued in Superior Court to keep secret 11 search warrant affidavits used to investigate the July 23 beating of Dr. William Petit and the killing of his wife, Jennifer Hawke-Petit, and their daughters, Hayley, 17, and Michaela, 11.

The Courant is arguing to release the documents. Defense attorneys argue that the release of the affidavits and widespread media coverage of their contents could make it difficult for attorneys to find impartial jurors for the trials of Joshua Komisarjevsky and Steven Hayes. Prosecutors did not object Monday to the unsealing of the affidavits.

Police sources have said both Hayes and Komisarjevsky gave statements to police about the events of July 23. On Monday, Public Defender Thomas J. Ullmann, an attorney for Hayes, went a step further by calling Hayes' statements in the search warrant affidavits "inflammatory and prejudicial."

In a motion filed to extend the court's seal on the affidavits, Ullmann said the warrants contain "purported alleged admissions by either defendants." He did not elaborate on the statements.

Both Ullmann and Auden C. Grogins, an attorney for Komisarjevsky, said widespread media coverage could jeopardize their clients' rights to a fair trial.

Ullmann submitted as evidence a box containing a 6-inch thick notebook filled with about 350 newspaper articles on the case and a thick folder containing the results of Google searches of "visual media" presentations about the Cheshire case. He also submitted a taped copy of an hourlong "Dateline NBC" episode about the case that aired on Sept. 10 and a front page story in People magazine.

"So far, the press coverage in this case has been overwhelming, and one could argue right now it would be hard to believe there could be a jury pool that could give a fair trial," Ullmann said. "To release statements [by the defendants] that the media can actually quote that are highly inflammatory and prejudicial that could never be erased in people's minds will permanently damage our ability to get a fair trial in this matter."

In the event Judge Richard A. Damiani chooses to release some but not all of the search warrant material, Ullmann asked if Damiani would consider redacting certain parts of the affidavits that contained the potentially inflammatory or prejudicial statements by the defendants.

Damiani said that he had reviewed all the search warrants and that redacting certain statements would make the affidavits meaningless.

Ullmann acknowledged that without the suspects' statements, the affidavits would be "gutted."

Damiani has said police used the search warrants to obtain DNA samples and phone records - including contents of text messages - for their investigation. Two search warrants "dealing with DNA," Damiani has said, were signed July 23, and a warrant signed July 27 let police seize two vehicles - a 1998 Chevrolet truck and a GMC Sierra pickup - tied to Hayes and Komisarjevsky.

Damiani said warrants signed July 30, July 31 and Aug. 7 were for various phone records, the suspects' clothes and a computer. Police also used those warrants to search Komisarjevsky's home in Cheshire.

Damiani said he would decide by Oct. 16 whether to make the search warrant affidavits public. David P. Atkins, an attorney for The Courant, urged Damiani on Monday to unseal the affidavits.

"When there is a criminal investigation that leads to an arrest and prosecution, the manner in which the investigation is handled, the way it is prosecuted and the way the courts handle the case is something the public should know about," Atkins said. "Taxpayers pay for the prosecution of criminal cases. From The Courant's standpoint, it is of vital importance to its readers that documents that are routinely made part of the public file are made available to the public."

G. Claude Albert, a managing editor for The Courant, added: "The Courant's objective is to provide the most complete and accurate information possible as the public monitors the administration of justice in this critically important case."

Komisarjevsky and Hayes both face capital felony and multiple murder, kidnapping, sexual assault and arson charges in connection with the killings.

New Haven State's Attorney Michael Dearington has said he would pursue the death penalty if the two suspects are convicted.

On Monday, Damiani agreed to postpone today's scheduled probable-cause hearings for the suspects until Nov. 6. The defense last week filed motions for a postponement, saying they needed more time to review material submitted by the state.



CHESHIRE HOME INVASION CHRONOLOGY
Fallout Over Parole;  System Seen As Flawed; Rell, Others Seek Changes

By MARK PAZNIOKAS And COLIN POITRAS | Courant Staff Writers
August 1, 2007

One of the defendants in the Cheshire triple slaying was described at a sentencing five years ago as mentally abnormal with a predilection for burglarizing occupied homes at night.

Knowing that prison was inevitable for 22-year-old Joshua Komisarjevsky, his lawyer looked to the future in December 2002 and pleaded for "a stringent mental-health regimen upon his release."

"I have a feeling, Judge, he's either going to be a career criminal or never come back here again," said William T. Gerace, his lawyer. "I don't think there's any middle road here."

But parole officials never saw the sentencing transcript before releasing Komisarjevsky this year, despite the passage of a law in 1997 requiring prosecutors to provide transcripts before parole hearings.

The requirement was routinely ignored for 10 years, a lesson that Rep. Michael P. Lawlor said Tuesday his colleagues should keep in mind as they rush to pass new laws in response to the Cheshire killings.

Gov. M. Jodi Rell and Republican legislators called Tuesday for a special session to consider crime legislation such as tougher penalties for some burglaries, while Democratic leaders ordered the co-chairmen of the judiciary committee to investigate the state's parole system.

Rell also ordered immediate changes in how burglars are treated for parole, including electronic monitoring for 38 burglars now on parole. Current law already allows the monitoring.

Komisarjevsky, now 26, and Steven Hayes, 44, were free on parole when arrested last week fleeing the home of Dr. William Petit Jr. Authorities say they beat Petit and killed his wife, Jennifer Hawke-Petit, and their daughters, 17-year-old Hayley and 11-year-old Michaela.

Hawke-Petit was raped and strangled; one of the girls was raped; and both girls were left to die in a fire set by the men before they fled the house, authorities say.

Lawlor, a Democrat from East Haven who will help lead that inquiry as a judiciary co-chairman, said many of the legislative proposals raised in recent days would not necessarily have stopped the attack. But Lawlor agrees with Rell in reclassifying some burglaries as violent crimes.

Tools placed by legislators at the disposal of prosecutors, such as enhanced penalties for career offenders, were not employed against Hayes, who Lawlor said fit the definition of a "persistent offender."

Connecticut Victim Advocate James Papillo praised Rell and legislators for exploring taking a tougher stance on repeat offenders. Papillo said that many individuals have been victimized by former inmates out on probation or parole.

"How many bites of the apple do you get?" Papillo said. "I think if you look hard enough, you will see that many of these individuals get more than a few bites of the apple."

Papillo said he recently spoke to the former head of the state Board of Pardons and Paroles and was told the board rarely, if ever, had sentencing transcripts available when making decisions over the past four or five years, despite a state law requiring them to be part of the record.

"More outrageous is that [the board has] not been screaming for that information," Papillo said.

Chief State's Attorney Kevin Kane said Tuesday that prosecutors now will make sure parole officials not only have sentencing transcripts, but presentence investigations and relevant police reports.

Kane said prosecutors had not routinely sent the transcripts for several reasons. A backlog in obtaining trial transcripts had delayed the appeals process, and sentencing transcripts rarely offered valuable insights to parole officials, he said.

Most sentencings resulting from plea agreements - the manner in which most criminal cases are resolved - are pro forma proceedings, he said.

"So getting a sentencing transcript in many cases would not be helpful," Kane said.

But Lawlor said Komisarjevsky's sentencing Dec. 20, 2002, in Bristol would be have been illuminating. Komisarjevsky admitted to numerous burglaries in a single spree, which were prosecuted in Meriden and Bristol as two cases.

The prosecutor, Ronald Dearstyne, agreed to a plea deal in which Komisarjevsky was exposed to no more than 10 years, a reward for his confession and his extensive cooperation with police.

But then Dearstyne sought the maximum, arguing to Judge James Bentivegna that the young burglar fit no recognizable pattern. Komisarjevsky had a drug habit, but he came from a family with money and did not appear to need the burglaries to feed a drug habit.

Komisarjevsky meticulously planned each burglary. He wore latex gloves and eventually obtained night vision goggles. More alarming, in the prosecutor's view, was that Komisarjevsky only hit houses at night, when they were likely to be occupied.

"This is a cool, collect[ed] person who is not showing, in the state's view, any nervousness breaking into these houses," said Dearstyne, a former police officer.

Komisarjevsky appeared unafraid at the prospect of being confronted. One victim was a state trooper. In another case, the young burglar described standing in one darkened house, listening to the breathing of a homeowner, then quietly escaping. In yet another case, he spent hours removing belongings while his victims slept.

"He endangered the lives of many, many people," Dearstyne said.

Gerace did not deny that his client's habit for burglarizing occupied houses was alarming.

"It's just a bizarre and erratic thing to do," Gerace said. "So what I'm trying to suggest to the court is that there's a mental abnormality here or psychiatric problem that needs to be addressed, over and above the drug abuse and drug addiction."

The judge said that Komisarjevsky did not strike him as a desperate junkie, stealing for a quick fix.

"What you do seem like is somebody who is a predator, a calculated, cold-blooded predator that decided nighttime residential burglaries was your way to make money," Bentivegna said.

Between the cases in Meriden and Bristol, the judge counted 17 convictions for burglary stemming from the same spree.

"That's definitely a multiple offender," he said. "And I would - I think it's fair to characterize your course of conduct as predatory."

He imposed an effective sentence of nine years, plus six years of special parole.

"So what that means is for the next, basically the next 15 years of your life, from 22 to 37, you're going to be either incarcerated or on special parole," the judge said. "So, if you can't turn your life around in the next [15] years, there's really no hope for you."

He was arrested in Cheshire only a few months after his parole.

Robert Farr, who took over the parole system in February, recognized the shortcoming of sentencing transcripts and has been asking how parole officials could obtain transcripts, presentence investigations and police reports, Kane said.

Earlier this week, House Speaker James A. Amann, D-Milford, and Senate President Pro Tem Donald E. Williams Jr., D-Brooklyn, scheduled a meeting with Lawlor and his co-chairman, Sen. Andrew McDonald, D-Stamford, to talk about a legislative response to the crime.

But the Republicans struck first, as Rell ordered the parole board to tighten its handling of burglars up for parole and Senate Minority Leader John McKinney, R-Fairfield, asked the Democratic majority to call a special session to impose stiffer penalties on career criminals.

"The Petit home invasion and murders exposed Connecticut's poor record when it comes to keeping career criminals locked up," McKinney said.


Parole officials complained of lack of records
Stamford ADVOCATE
By Zach Lowe, Staff Writer
Published July 28 2007

STAMFORD - Two weeks before two parolees allegedly murdered three members of a Cheshire family, the chief state's attorney's office responded to complaints from parole officials who said they rarely saw police reports before making decisions.  The July 6 memo from Kevin Kane, the state's top prosecutor, instructed prosecutors to send the reports to correction and parole officials, instead of putting them in storage.

The parole board had only one police report to review when it granted parole this spring to Joshua Komisarjevsky, 26, and Steven Hayes, 44, the two suspects who could face the death penalty in Monday's brutal home invasion in Cheshire, according to Robert Farr, the board's chairman.  The report documented only one incident on Komisarjevsky's long criminal record, Farr said.

Farr has said the board did not have access to a 2002 sentencing transcript in which a state Superior Court judge in Bristol called Komisarjevsky "a cold calculating predator."

State law requires prosecutors to obtain a transcript of the sentencing hearing for all suspects sentenced to two or more years in prison, Farr said.  Komisarjevsky was sentenced to nine years in prison for a string of burglaries.  It is unclear whether police reports would have changed the parole board's decision, Farr said, and the two ex-cons had nonviolent criminal records.

But the case highlights the lack of documentation usually presented to the parole board, Farr said.

Prosecutors typically send correction officials a short document listing the charges, Farr said. But, Kane's July 6 memo said, the parole board has had trouble getting local police to send reports.  Police reports are not part of the court clerk's case file, which is open to the public, and Farr said the board spent $4,000 in postage last year trying to collect police reports for parole hearings.

"It is the biggest frustration I've found since starting my job here," said Farr, who was appointed in February. "It is absolutely crucial for us to know what the nature of the crime is."

Details of a particular crime, even a nonviolent charge, might give the board greater insight into the offender's personality and the danger he may present if released, Farr said.  Farr met with Kane and a representative from the state's Judicial Branch to discuss the problem on June 26, according to Kane's memo.  Kane was traveling yesterday and unavailable for comment, a spokesman said.  Kane has urged prosecutors to send the police reports, though he acknowledged it would be time-consuming.

"It is in our best interest that Correction and Parole have this information," Kane wrote. "I told them it might be difficult for some offices, but we will try to provide them."

Prosecutors have since been sending police reports, according to Farr and State's Attorney David Cohen, who heads the Stamford-Norwalk judicial district.

"We don't know if we're getting 100 percent compliance yet," Farr said, "but it's a major milestone."

Kane also has said prosecutors will order transcripts but has concerns about the cost of copies and how quickly monitors could type them, Farr said.  Judicial officials said they may help set ground rules for the cost and where the special requests might fit in line with requests from private attorneys and the public.  Farr said the June meeting shows he addressed the problem before the Cheshire home invasion.

"All of these things would have happened," he said about police reports being issued to the parole board. "This tragedy is going to result in having them happen a little quicker."


Unfathomable
Cheshire Victims' Relatives See Suspects Charged
By DAVE ALTIMARI, COLIN POITRAS, LYNNE TUOHY And DON STACOM | Courant Staff Writers
July 25, 2007

A judge getting ready to send Joshua Komisarjevsky to prison in 2002 called him a "cold, calculating predator."

Equipped with night-vision goggles and armed with a knife, he would slash his way through screens into houses around his hometown of Cheshire, stealing mostly electronic equipment and petty cash to pay for a drug habit.

Steven Hayes had a record more noteworthy for its length than the severity of the crimes - decades of larcenies, burglaries and check forgeries. Hayes committed most of his crimes in the northwest corner, near his home in Winsted - far from Sorghum Mill Drive in Cheshire, where the horrific events that landed him back in court played out early Monday.

The two met in Hartford in 2006, at a residential drug treatment center, and then again in a halfway house where they lived for nearly five months.

This spring, Komisarjevsky and Hayes, listed as nonviolent offenders by the state Department of Correction, were both paroled - Komisarjevsky, 26, released in April, and Hayes, 44, in May.

On Tuesday they appeared together again, this time in Superior Court in Meriden to face a litany of charges stemming from a home invasion that left a mother and her two daughters dead and a community in shock.

Although it is still unclear why they chose the home of Dr. William Petit Jr., one thing is certain, police say: The "calculating predator" and the career criminal descended to a level of violence that is almost unfathomable.

When the ordeal was over, Jennifer Hawke-Petit, 48, and her daughters, Hayley Petit, 18, and Michaela Petit, 11, were dead. The girls, sources said, were tied to their beds and raped, then left to burn after gasoline was poured around their beds and ignited.

Late Tuesday, the state medical examiner's office said Hawke-Petit was strangled and her daughters died of smoke inhalation. Their deaths were ruled homicides.

William Petit was beaten almost beyond recognition with a baseball bat, tied up in the basement and left for dead, only to make his way out of the house and to a neighbor before his home exploded into flames.

Komisarjevsky and Hayes were arraigned Tuesday. Each is charged with aggravated sexual assault, arson, robbery, kidnapping and risk of injury to a minor. Komisarjevsky was also charged with felony assault, possibly in connection with William Petit's beating. Bail for each was set at $15 million, and they are being held.

Authorities are believed to be considering whether to bring murder and capital felony charges against both men, which would make them eligible for the death penalty.

William Petit is recovering at St. Mary's Hospital in Waterbury.

"Our precious family members have been the victims of horrible, senseless, violent assaults. We are understandably in shock and overwhelmed with sadness as we attempt to gather to support one another and recognize these wonderful, giving, beautiful individuals who have been so cruelly taken," the Petit family said in a statement issued Tuesday.

Komisarjevsky lived 2 miles from the victims' home in Cheshire. His parent's house at 840 N. Brooksvale Road is a small, 1½-story bungalow with an overgrown front yard and children's toys - a rocking horse and a plastic slide - on the side.

Associates of the family said Komisarjevsky has a 5-year-old daughter, Jayda, who has been living with him and his parents. An older man was seen carrying a small child into the house Tuesday afternoon followed by several police detectives. Komisarjevsky's family released a brief statement later:

"This is an absolute tragedy. Our deepest sympathy goes out to the Petit family (and all those whose lives they touched). We cannot understand what would have made something like this happen. There is nothing else we can say at this time."

State police detectives and members of the state fire marshal's office combed through the Petit home all day Tuesday, and new details of what happened inside emerged.

William Petit may have confronted the burglars shortly after they broke in, sources said.

Police recovered $15,000 that Hawke-Petit was forced to withdraw from a bank that morning while the rest of her family was held hostage. She told bank officials who balked at giving her the money that she needed it because her family was being held hostage. Bank officials then notified police.


About a half-dozen relatives of the victims were in Superior Court as the suspects made their first appearance before a judge. A blond woman, who did not give her name, leaned forward and sobbed as the two prisoners were brought into court. Another relative tried to comfort her. The family left without speaking to members of the press.

Hayes, a pudgy man with a shaved head, was brought into court first. He wore an orange prison jumpsuit, his hands clasped to a thick belly chain around his waist. A bail commissioner rattled off a litany of criminal charges dating back to when Hayes was a teenager in the '80s.

The court official said Hayes was on special parole in connection with an October 2003 burglary conviction out of Bantam. He was given a five-year sentence and his release date from parole was May 4, 2008.

Hayes also has a conviction for possession of marijuana in 2002 and several convictions in 1996 and 1997 for passing bad checks, forgery, petty larceny and escape from custody, the latter stemming from an incident in Hartford in 1996. In 1993, he was convicted of a burglary charge in Litchfield and given a five-year suspended sentence and five years of probation.

Hayes was arrested three months later and charged with forgery and violating his probation. He was sent back to jail but it was unclear Tuesday how much time he served before being released again. Hayes also has a record for theft of a firearm and carrying a firearm without a permit, officials said.

A bail commissioner said Hayes was issued 23 disciplinary tickets during his times in prison. Three members of the Department of Correction's special emergency response team accompanied the two suspects to court.

Judge Christina G. Dunnell set Hayes' bail at $15 million and ordered him held without chance of release because of his parole status. Hayes' public defender, Tom Conroy, asked for Hayes to be put on a suicide watch. Conroy said Hayes was taking pain medication.

Someone in the court hissed, "Scumbag!" as Hayes was led back to the holding pen. Hayes' case was transferred to Superior Court in New Haven and continued to Aug. 7.

Komisarjevsky, a slight man with tousled black hair and a thin mustache and beard, was also out on parole at the time of the home invasion.

Public defender David Smith, Komisarjevsky's attorney, said his client attended a year of schooling at Asnuntuck Community College in Enfield. Dunnell set Komisarjevsky's bail at $15 million and transferred the case to New Haven with an Aug. 7 continuance date.

Attorney Patrick Culligan, head of the state public defender's office special capital felony unit, was on hand for Tuesday's court proceedings. Culligan said outside court that it was "conceivable" that the state could bring more serious charges and it was his department's policy to be present and prepared in advance.

Nancy Manning, a diabetic patient of Petit's from Rocky Hill, was also in court. She said she felt compelled to be there.

Manning said she wanted to know "why they didn't get stopped and why didn't someone throw away the key long, long ago."

"One looks very young, the other very callous and cold-hearted," Manning said later outside court.

Komisarjevsky and Hayes met when they were both at Berman House residential treatment center on Sargeant Street in Hartford in June 2006. They were there from June 13 to July 25, and their stays at Silliman House on Retreat Avenue in Hartford overlapped from July 31 until Nov. 26, 2006. Between the two places, they spent 51/2 months together - until Hayes failed a urine test and was sent back to prison

Robert Pidgeon, chief executive officer of Community Solutions Inc., which runs Silliman House and six other halfway houses for the Department of Correction, said he doubted the two men were assigned to the same employer while at the halfway house, but said, "They certainly saw each other."

Although Pidgeon said he did not have a detailed report of their behavior and performance at Silliman House, he said he doubted there were problems before Hayes failed the urine test. "I can tell you [corrections] would yank them back quickly if there was a problem," Pidgeon said. "They're very good about that."

Correction department records show Komisarjevsky was sentenced in January 2003 to nine years in prison for second-degree burglary. He was released to a halfway house in June 2006.

Since his offense was non-violent and the sentence longer than two years, the Board of Pardons and Paroles considered his parole after he had completed 50 percent, DOC spokesman Brian Garnett said. He was granted parole on April 10, 2007.

Hayes was sentenced to five years in prison for third-degree burglary in 2003. In June 2006 he was released to a halfway house, but was sent back to prison five months later for drug use. He was granted parole on May 3, 2007.

Correction department officials say the two men had been reporting to their parole officers since their release and had full-time jobs. Officials would not reveal where they worked.

A state senator whose district includes Cheshire called for a review of the state parole board's decision to release the suspects into the community despite their lengthy records and prior convictions.

"Issuing judgment and laying blame is counterproductive," said Sen. Sam Caligiuri, R-Waterbury. "Nevertheless, three people are dead. ... We owe it to the victims, their families and friends, and to the public to find out why these suspects were seen as ready for supervised parole and what action the state can take to prevent such a horrific thing from happening again."

Komisarjevsky was first arrested in May of 2002 for a series of burglaries in the Cheshire area. Shortly after, state police linked him to 11 burglaries in the Burlington area. It was at his sentencing on those charges that Superior Court Judge James Bentivegna in Bristol called him a "cold, calculating predator."

State officials said that Komisarjevsky started burglarizing homes when he was 14 but that most of the crimes occurred during an eight-month spree between July 2001 and February 2002 after he had bought night-vision goggles.

Prosecutors said he stole more than $20,000 worth of goods from his victims.

Several of those victims were stunned to learn Tuesday afternoon that the man who had broken into their homes is accused of the horrific Cheshire crime.

"That was him? Really? That just sends chills up my spine," Jamie Maheu said. "He just escalated from what he did six years ago."

About a month after Maheu and her husband, Paul, were married, Komisarjevsky broke into the home they owned on Wildewood Run. Komisarjevsky's home at the time was nearby, on Wilderness Way in Bristol. The Maheus didn't know until the next day that someone had sneaked into their house overnight. Cash had been stolen from the husband's wallet, and papers from the wife's briefcase had been scattered in the doorway.

"My wife is still nervous about leaving windows open in the evening, and I agree with that. We stopped using the window air conditioner at night. This still affects her - it was not a good feeling," Paul Maheu said.

Another victim, who requested anonymity, said she nearly caught Komisarjevsky burglarizing her home on Wilderness Way.

"I had gone to bed, shut down the house and heard something, as if a paperback book had gotten knocked off a kitchen counter downstairs," she said. "I immediately woke up and yelled at the top of my lungs `Get out of here now.'"

The woman ran out the garage door and called 911 from under a streetlight.

"We found out later that I scared him by yelling and he tripped; he was carrying my stereo outside and hit his head on the concrete floor," she said. "I didn't sleep right for at least a year. I was awakened by fear. I got an alarm system - I'm a big believer in alarms now."

Contact Dave Altimari at daltimari@courant.com.


-------------------------------------

Chronology: Home Invasion
Here is the sequence of events, according to sources and police statements.

1. Early morning. Two intruders enter family home at 300 Sorghum Mill Drive, Cheshire.

2 . About 9 a.m. one intruder forces Jennifer Hawke-Petit to drive to the Bank of America on Route 10. She alerts a bank employee that her family is being held hostage. Minutes later, Hawke-Petit and the intruder arrive back at the house.

3. Cheshire police officers arrive and find the home in flames. Fleeing suspects crash the family's vehicle into an officer's cruiser, then into two other Cheshire cruisers, before being taken into custody a block away. At some point, a badly beaten William Petit stumbles from the burning home and makes it to a neighbor's home. Emergency personnel find bodies of Jennifer Hawke-Petit and daughters Hayley and Michaela.



Suspects' Records

Joshua Komisarjevsky
26, Cheshire
Began burglarizing homes at age 14
Started a nine-year prison term in 2003 for nearly a dozen burglaries in Bristol after being called a "cold, calculating predator" by a judge.
Released to a halfway house in June 2006.
Granted parole on April 10.


Steven Hayes
44, Winsted
Entered the correctional system in 1980, at the start of a criminal career that included dozens of arrests on charges such as burglary, larceny and forgery.
Disciplined nearly two dozen times in prison.
Sentenced to five years in prison in 2003 for burglary; released to halfway house in June 2006.
Returned to prison in November 2006 for using illegal drugs; granted parole May 3.

Sources: State Department of Correction; state Superior Court records



Why Nashville's Mission?  Because people involved in music industry opposed to death penalty?  "Let them eat cake" in the 21st Century translates to "...cheese pizza."

Last Wish Multiplies: Pizza For The Poor
By LYNNE TUOHY, Courant Staff Writer
May 19, 2007


The execution last week of a man convicted of killing a police officer in Memphis, Tenn., had everything to do with the delivery of more than 150 pizzas Friday night to six homeless shelters across Connecticut - enough to feed about 500 people.

Philip Workman's last words before his death by lethal injection on May 9 won't be remembered by many, but his last meal request just might.


Workman asked that, in lieu of his last meal, a vegetarian pizza be purchased and given to a homeless person. Prison officials denied his request; Workman, 53, declined to eat anything. He was pronounced dead at 1:38 a.m.

By nightfall, the Nashville Rescue Mission had $1,200 in donations for pizza from around the nation in response to news of Workman's unusual request. And Ben Smilowitz, a longtime activist and first-year student at the University of Connecticut School of Law, had an idea.

Juggling final exams and aided immensely by the Connecticut Network to Abolish the Death Penalty, Smilowitz parlayed donations into pizzas and negotiated the price with local pizza outlets to maximize the number of people fed.

Robert Nave, executive director of the Connecticut Network to Abolish the Death Penalty, said the unusual fundraiser epitomizes the message his organization and others opposed to the death penalty seek to convey.

"We spend so much money to kill a single individual," Nave said Friday. "When you look at the resources we waste, and how many people we could feed, it's just amazing. Where are our priorities? Of course, we believe they're a little backward."

Smilowitz contacted Nave on the day Workman was executed. Although his hectic schedule had prevented him from attending any regular meetings of the coalition, Smilowitz, a West Hartford native, was a member and sympathizer of the network. A plea for donations went out to the network's contacts; Smilowitz and his roommate blanketed the law school and UConn's medical and dental schools.

Donations ranged from one pizza to 10 (from a class at Fairfield Prep.) Not all the e-mails were generous or kind. Smilowitz received some snarky e-mails from law school classmates criticizing him for "politicizing" community service.

"My answer is, community service is always politicized," Smilowitz said. "Community service, and particularly direct service, like feeding the homeless, allows the government to avoid [dealing with the issues]. If you're not discussing the political issues, you're not dealing with the problem."

Smilowitz said he thinks it's ludicrous that Connecticut still has capital punishment.

"It's hardly ever given out in Connecticut," he said of the death penalty. "For the amount of money we spend on it, we could supply homeless shelters with pizzas ever night of the year."

In the end, shelters in Hartford, Waterbury, New Haven, Stamford, Bridgeport and Middletown had cheese pizzas delivered to their doors, from Domino's in Middletown, New Haven and Stamford; Vazzy's Pizza in Bridgeport, Juliannas Pizza in Waterbury; and Parkville Pizza in Hartford.

Workman was on the brink of execution three times and spared twice due to questions over whether his bullet killed a police lieutenant responding to a botched armed robbery attempt at a fast-food restaurant in Memphis in 1981, or whether the officer was killed by "friendly fire" by another officer during the chaos of the police response.

He told the press this month he didn't want to be just a visitor to the death house this time, and that wish was granted. The last words he spoke were, "I commend my spirit into your hands, Lord Jesus Christ."




Kane Is New Chief State's Attorney

By ALAINE GRIFFIN, The Hartford Courant
1:46 PM EDT, July 21, 2006

ROCKY HILL -- New London State's Attorney Kevin T. Kane was unanimously appointed chief state's attorney this afternoon by the Criminal Justice Commission.

Kane, 63, whose career as a prosecutor spans more than three decades, will serve a five-year term as head of the state's Division of Criminal Justice. After interviews Friday morning, the commission selected Kane over Paul E. Murray, deputy chief state's attorney of operations, and veteran defense lawyer Michael A. Georgetti.


Chief State's Attorney Christopher Morano withdrew his application for the post Monday after 11 of the state's 13 regional state's attorneys wrote a letter to the commission opposing his reappointment. Morano said his withdrawal from the selection process was a way to avoid public squabbling with the state's attorneys that he said could have been a distraction for the division.

Though the prosecutors were not specific in their letter, they wrote that they were distrustful of Morano and critical of his leadership, accusing him of using "divide and conquer" strategies with the regional prosecutors instead of "open and purposeful efforts to bring about consensus." Morano is also accused of seeking the media spotlight to further his own personal career.

The chief state's attorney's office is staffed with prosecutors but it lacks the authority to hire or fire state's attorneys. Morano was appointed by the commission in October 2002 to complete the five-year term of John M. Bailey, who became ill while serving in the post. Bailey died in 2003.

Kane was one of only two state's attorneys who did not sign the letter. Instead, his colleagues in the letter endorsed Kane's candidacy, saying he "is the most qualified person to reinvigorate" the division of criminal justice and "reinstill a sense of confidence and pride" there.

Kane has been the state's attorney in New London since January 1995, a job to which he was promoted after serving five years there as a supervisory assistant state's attorney. He went to New London as a prosecutor in 1986 after working in the chief state's attorney's office for eight years in the special investigation unit. From 1973 to 1978, he was an assistant state's attorney in Superior Court in Middletown.

Kane has prosecuted a number of high-profile criminal cases, including the conviction and eventual May 2005 execution of serial killer Michael Ross, the state's first execution in 45 years.

Other cases he successfully tried were the high-profile kidnapping case two years ago of popular Mystic schoolteacher Leslie Buck, who died mysteriously two days after she fled her abductor and the murder-for-hire trial of Old Saybrook attorney Beth Ann Carpenter who was convicted in 2002 of conspiring to kill her brother-in-law in a vicious custody dispute. Kane, who resides in Killingworth with his wife, Barbara, has four grown children.

The appointed members of the Criminal Justice Commission hire all state prosecutors, including the chief state's attorney.



Connecticut prison system dealing with rash of suicides
By PAT EATON-ROBB, Associated Press Writer
May 20, 4:45 PM EDT
HARTFORD, Conn. (AP) -- Scott Walsh had been threatening suicide for months.

The 35-year-old from Boston was awaiting trial in Connecticut for stealing a ring from a jewelry store.  He was a problem inmate, according to court documents, and had been diagnosed with paranoia and depression.

On June 6, 2002, he was alone in a cell in a restricted housing unit at the MacDougall-Walker prison. As a punishment for misbehaving, he had been denied contact with his family for months. He used a sheet to hang himself from the top bunk.  His sister, Suzanne, has sued the prison system, claiming it fails to do enough to protect suicidal inmates.  According to her lawsuit, her brother's last mental health assessment, conducted the day he died, consisted of a psychologist asking him through the door of his cell if he was OK. He did not reply.

"They deprived him of the help he needed," Suzanne Walsh said Friday. "Just help him. We're not asking you to give him steak dinners. Just help him."  Since Walsh died, there have been 17 other inmate suicides in Connecticut prisons and jails. There have been 13 suicides since April 2004, and four since January of this year.

The latest happened Tuesday, when 23-year-old Adnan Saeed of Meriden killed himself at MacDougall-Walker.  Like most other inmates who commit suicide, he tied one end of a bed sheet around his neck and the other to the upper bunk in his cell, according to prison officials.  Acknowledging a problem, the Correction Department last fall hired outside experts to examine its suicide prevention program. Since then, the department has made numerous changes, said Brian Garnett, a spokesman.

Because many suicides happen within the first 72 hours an inmate is in custody, the department has set up "orientation units" at its jails and intake facilities that are monitored more frequently, Garnett said.  Inmates coming into the system are given more thorough mental health screenings, and they wear slip-on sneakers to prevent hangings with shoelaces, he said.  All state prison cells have also been modified to be more suicide-resistant, he said.

"For example, anything on the wall, like a smoke detector, we've taken off so that people can't hang themselves on it," Garnett said.

The state also has special suicide-watch cells that have nothing in them but mattresses on the floor. Instead of regular prison jumpsuits, inmates are given Ferguson gowns, thick quilted garments that are collarless and sleeveless and cannot be torn or fastened into nooses.

"These experts told us ours are some of the most progressive policies in the nation," Garnett said.  But critics say they are not nearly enough.  A recent report on mental health services at the Garner Correctional Institution and Northern Correctional Institution, the state's highest security prison, found serious problems with the way suicidal inmates are treated.

"In fact, the `treatment' a prisoner receives after disclosing suicide ideation, on average, is more punitive than therapeutic," according to the report written by Dr. Terry Kupers, a psychiatrist from the Wright Institute in Berkley, Calif.  Instead of receiving one-on-one therapy with mental health professionals, suicidal inmates are often written up as disciplinary problems.  They are transferred to observation cells and often kept in restraints until they say they are no longer suicidal, according to the report.

"At that point, he will in many cases be deemed a malingerer for having mentioned suicide ideation or exhibited suicidal behavior without actually killing himself," according to the report, prepared for the state Office of Protection and Advocacy for Persons with Disabilities.

Kupers' report led to an agreement to overhaul the mental health services at Northern and Garner. The agreement is awaiting approval in U.S. District Court.  Attorney Antonio Ponvert III, who represents Walsh and the families of other inmates who have committed suicide, said he believes the department needs more mental health staff and better mental health services.  He said the department also must make it harder for inmates to kill themselves.

"One is, don't put suicidal inmates alone in cells with top bunks and sheets," Ponvert said. "There is no reason to have an inmate alone in a cell with a top bunk."  Garnett said no inmate known to be suicidal is left alone. He also said the department is adequately staffed does not need more mental health workers.

Connecticut's suicide rate is about 29 for every 100,000 inmates, Garnett said. Nationally, it is about 14 for every 100,000 prison inmates and 54 for every 100,000 people in jails.  Connecticut is one of the few states where the Correction Department is responsible for both jails, which are local facilities where people are held after being arrested, and prisons, which house convicts and those accused of more serious offenses.

David Fathi, a lawyer with the American Civil Liberties Union's national prison project, said Connecticut's inmate suicide rate is still high.

"In such a controlled environment, where the state controls every movement of someone's life, there is no excuse for someone being able to kill himself," he said.




Ross Executed;  Ordeal Ends For Families Of Eight Young Women
By IZASKUN E. LARRANETA
Day Staff Writer, Courts/Social Services
Published on 5/13/2005

Somers — After months of legal wrangling over his right to die by lethal injection, Michael Ross was executed early today. He was pronounced dead at 2:25 a.m. as he lay strapped to a prison gurney.

The death of the 45-year-old serial rapist and killer, a graduate of Cornell University and a native of eastern Connecticut, was the first execution in the state and New England in 45 years. It also marked, perhaps, the final chapter in a bizarre legal case that began with Ross' arrest in June 1984.

Ross was sent to death row in 1987 for the murders of four girls and young women from eastern Connecticut. He raped three of them. He also raped and killed two others from Connecticut and two young women in New York.

Those who witnessed his execution included his friends, relatives of his victims and five reporters.

The death announcement was made by prison warden Christine Whidden to news reporters who had waited hours at the Carl Robinson Correctional Institution, about a mile away from the prison where the execution occurred.

The last legal obstacles to the execution appeared to fall shortly after 11 p.m. Thursday when word came that the U.S. Supreme Court had denied two appeals by Ross' relatives to stop the execution. When that news reached the Robinson prison in Enfield, camera crews jockeyed for quick interviews with state Attorney General Richard Blumenthal.

“Only Ross can stop this,” said Blumenthal, “but there is always the possibility that something can be filed at the last minute. ... Clearly if anything is filed at this point, it is a transparent effort to manipulate the system.”

At 12:30 a.m. today, a couple hundred protesters started walking the mile from Robinson prison to the Osborn Correctional Institution in Somers, where they were allowed to stand at the bottom of a long driveway leading to that prison.

Ross spent his last 17 hours in a cell next to the execution chamber at Osborn. He had communion, read from his Bible, had a final meal, and said goodbye to family and friends, according to a spokesman with the correction department.

Ross' death came seven months after a New London Superior Court judge first set a date for him to die. That decision in October set off a string of court fights to save Ross' life, despite the efforts of the serial killer himself and his attorney, T.R. Paulding, to go forward with the execution.

Ross' decision to give up any voluntary appeals of his death sentence prompted numerous court attempts to reverse his course.

The state's chief public defender, Ross' father and a sister, the American Civil Liberties Union of Connecticut and the Connecticut Network to Abolish the Death Penalty are among those who have tried to save his life. Many of their arguments focused on Ross' state of mind, saying he was not competent to make a decision that would end his life.

On Thursday night, Ross' sister, Donna Dunham, and Antonio Ponvert III, an attorney representing Ross' father, tried to get the execution stayed. They took their appeals to the U.S. Supreme Court after their cases were rejected in the 2nd U.S. Circuit Court of Appeals in New York earlier in the day.

Both Blumenthal and Chief State's Attorney Christopher Morano said they were prepared to carry out the execution.

Ross was sentenced to death for the murders more than 20 years ago of Leslie Shelley and April Brunais, both 14 and from Griswold; Robin Stavinsky, 19, of Norwich; and Wendy Baribeault, a 17-year-old from Lisbon. All were walking along roads in eastern Connecticut when he snatched them and strangled them to death. Three were raped.

About six hours before the execution, anti-death protesters arrived at the Robinson prison to voice their opposition to the death penalty. The prison was the staging area for media from throughout Connecticut and neighboring New England states.

About a dozen protesters had started a six-mile walk at Somers Congregational United Church of Christ and ended up at Shaker Field, across the road from the entrance to the Robinson prison.

They carried “Abolish the Death Penalty” banners.

“We make a hero or celebrity out of (Ross),” said Robert Nave, executive director of the Connecticut Network to Abolish the Death Penalty. “He should have been forgotten 20 years ago. The death penalty doesn't work.”

There was only one demonstrator at Shaker Field advocating the execution.

Late Thursday, Morano said that a command center was set up at his Rocky Hill office to counteract any 11th-hour lawsuits filed with the intention of stopping the execution.

At midnight, he operated the command center from Osborn prison.

He said Ross' execution was needed to end the pain of his victims' families.

“I can guarantee you it has been the same ripple effect of pain since these acts happened so long ago ...” Morano said. “The bottom line is we are going to be doing everything we can to carry out a lawful sentence that has been reviewed again, again and again.”

Blumenthal said the recent appeals were filed by “intermeddlers” who wanted to stop a lawful execution. He said the execution would only be stopped if Ross requested it.

Speaking to media Thursday afternoon at the Robinson prison, Brian Garnett, a spokesman for the correction department, said Ross woke up early, at 5:45 a.m., and had a light breakfast of oatmeal and grapefruit juice.

Shortly after 8 a.m., he said, Ross was taken to a holding cell next to the room where he was to die. He had a Bible, a book of biblical verses, a coffee mug and some candy.

During the day, Garnett said, Ross watched television, read newspapers and greeted visitors through a Plexiglas window. He received communion at around 9:15 a.m. from a department chaplain, Garnett said.

Ross had his last meal shortly after 3 p.m., Garnett said, and chose to eat what was being served for dinner to prisoners throughout the state –– turkey a la king with rice, mixed vegetables, bread and a beverage.

Correction Commissioner Theresa Lantz said that, since her department received the first death warrant back in October and then again in February, it started to formulate a plan to carry out the execution safely and lawfully.

The selection and training of the volunteer execution staff started in November, Lantz said. At least 30 simulation drills were carried out in preparation, she said.

“In my 29 years in the field of correction in various positions, I personally never experienced a more complex and comprehensive and challenging operation,” she said. “I can assure you we have done extensive research, networking, planning and training in carrying out this responsibility.”

As described by correction department procedures, the execution occurred as follows:

Thirty minutes prior to his execution, all visits with Ross were ended.

The execution team escorted him from the holding cell to the execution room, where a primary intravenous line was put in his left arm and a backup line in his right arm.

Ten minutes later, witnesses were escorted into an observatory room with a large window looking into the room where Ross was strapped down.

Ross, who had a microphone near his mouth, was allowed to give a one-minute statement.

At 2:01 a.m., at the direction of the warden, the executioner started the lethal injection.

Three drugs were administered: 2,500 milligrams of thiopental sodium, an anesthetic; 100 milligrams of pancuronium bromide to paralyze his body; and 120 milliequivalent of potassium chloride to stop his heart.

Ross' body was to be taken to the state Office of the Chief Medical Examiner in Farmington.


Ross Awaits Death;  New England's First Execution In 45 Years
Associated Press, Thursday, May 12, 2005 Courant
SOMERS, Conn. -- A serial killer who struggled to hasten his own death - and was forced to prove he wasn't out of his mind - awaited lethal injection early Friday in New England's first execution in 45 years.  Michael Ross, 45, was scheduled to be put to death at 2:01 a.m. after fighting off attempts by public defenders, death penalty foes and his own family to save his life.

The 2nd U.S. Circuit Court of Appeals in New York rejected two last-minute appeals from Ross' relatives late Thursday afternoon but the U.S. Supreme Court was expected to review one if not both cases Thursday night, attorneys in both cases said.  The appeals court rebuffed a lawsuit brought on behalf of Ross' father that claimed Ross' execution would lead to a wave of suicide attempts among Connecticut inmates.

The court also rejected an appeal from Ross' sister, who asked to intervene because she claims that Ross is mentally incompetent to forgo his appeals.

In Connecticut, prison officials said Ross made no special request for his last meal, choosing to eat the same dinner served to all 18,000 inmates throughout the state prison system: turkey a la king, rice, mixed vegetables and fruit.

His family, friends and attorneys visited with him after he was moved in the morning to a holding cell near the death chamber at Osborn Correctional Institution in Somers. He had with him a Bible, a book of Bible verses and some candy.

The Ivy League-educated killer was sent to death row for the murders of four young women and girls in Connecticut in the 1980s, and confessed to four more such slayings in Connecticut and New York. He also raped most of the women.  Last fall, he announced he was abandoning all remaining appeals - which could have kept him alive for many years - because his victims' families had suffered enough.

"I owe these people. I killed their daughters. If I could stop the pain, I have to do that. This is my right," the former insurance agent and Cornell University graduate said last year. "I don't think there's anything crazy or incompetent about that."

Desperate to save his life, public defenders and Ross' family argued that Ross suffered from "death row syndrome" - that is, he had become deranged from living most of the past 18 years under a death sentence.

Ross was hours from death in January when a federal judge scolded Ross' attorney and threatened to lift his law license for trying to hasten Ross' execution. The lawyer agreed to a new hearing on whether Ross was mentally competent.

At the hearing, two psychiatrists have testified that he was mentally incompetent. They said he has a personality disorder that compels him to choose death to avoid looking cowardly. Two other experts disputed the finding of incompetence and said he was genuinely remorseful.

Last month, a judge again found Ross competent to decide his fate.

The last execution in New England was in 1960, when Joseph "Mad Dog" Taborsky went to the electric chair in Connecticut. Of the six New England states, only Connecticut and New Hampshire have the death penalty. New Hampshire has no one on death row and has not executed anyone since 1939.

Death penalty opponents warned that Ross' execution could break down a political and psychological barrier against capital punishment in New England and start a domino effect in the region.

Some opponents have spent the week walking the 25 miles from Hartford to the prison. Bob Nave, the executive director of the Connecticut Network to Abolish the Death Penalty, said they are resigned to the fact that the execution will happen.

"I have had no doubt about that for some time," he said. "This has become all about Michael Ross. Capital punishment will be wrong long after Michael Ross and it was wrong long before him."

Edwin Shelley, whose 14-year-old daughter Leslie was Ross' seventh victim, said he planned to watch Ross die.

"It's going to be nice to come home and realize that the case is finished and that he has received his just rewards," Shelley said. "I think I will be very relaxed and at ease with myself."




Supreme Court upholds use of lethal injections 
DAY
By MARK SHERMAN, Associated Press Writer 
Posted on Apr 16, 11:38 AM EDT

WASHINGTON (AP) -- The Supreme Court on Wednesday upheld the most common method of lethal injection executions, likely clearing the way to resume executions that have been on hold for nearly 7 months.

The justices, by a 7-2 vote, turned back a constitutional challenge to the procedures in place in Kentucky, which uses three drugs to sedate, paralyze and kill inmates. Similar methods are used by roughly three dozen states.

"We ... agree that petitioners have not carried their burden of showing that the risk of pain from maladministration of a concededly humane lethal injection protocol, and the failure to adopt untried and untested alternatives, constitute cruel and unusual punishment," Chief Justice John Roberts said in an opinion that garnered only three votes. Four other justices, however, agreed with the outcome.

Roberts' opinion did leave open subsequent challenges to lethal injection practices if a state refused to adopt an alternative method that significantly reduced the risk of severe pain.

Justices Ruth Bader Ginsburg and David Souter dissented.

Executions have been on hold since September, when the court agreed to hear the Kentucky case. There was no immediate indication when they would resume, but prosecutors in several states said they would seek new execution dates if the court ruled favorably in the Kentucky case.

Forty-two people were executed last year among more than 3,300 people on death row across the country. Another roughly two dozen executions did not go forward because of the Supreme Court's review, death penalty opponents said.

The argument against the three-drug protocol is that if the initial anesthetic does not take hold, the other two drugs can cause excruciating pain. One of those drugs, a paralytic, would render the prisoner unable to express his discomfort.

The case before the court came from Kentucky, where two death row inmates did not ask to be spared execution or death by injection. Instead, they wanted the court to order a switch to a single drug, a barbiturate, that causes no pain and can be given in a large enough dose to cause death.

At the very least, they said, the state should be required to impose tighter controls on the three-drug process to ensure that the anesthetic is given properly.

Roberts said the one-drug method, frequently used in animal euthanasia, "has problems of its own, and has never been tried by a single state."

Kentucky has had only one execution by lethal injection and it did not present any obvious problems, both sides in the case agreed.

But executions elsewhere, in Florida and Ohio, took much longer than usual, with strong indications that the prisoners suffered severe pain in the process. Workers had trouble inserting the IV lines that are used to deliver the drugs.

Roberts said "a condemned prisoner cannot successfully challenge a state's method of execution merely by showing a slightly or marginally safer alternative."

Ginsburg, in her dissent, said her colleagues should have asked Kentucky courts to consider whether the state includes adequate safeguards to ensure a prisoner is unconscious and thus unlikely to suffer severe pain.

Justice John Paul Stevens, while agreeing with the outcome, said the court's decision would not end the debate over lethal injection. "I am now convinced that this case will generate debate not only about the constitutionality of the three-drug protocol, and specifically about the justification for the use of the paralytic agent, pancuronium bromide, but also about the justification for the death penalty itself," Stevens said.

Stevens suggested that states could spare themselves legal costs and delays in executions by eliminating the use of the paralytic.

Ty Alper, a death penalty opponent and associate director of the Death Penalty Clinic at the University of California-Berkeley School of Law, said he expects challenges to lethal injections will continue in several states.


Connecticut's Fateful Path
Thursday, May 12, 2005 Hartford Courant editorial:

Barring last-minute legal complications, convicted serial killer Michael Ross will be executed by lethal injection a couple of hours after midnight tonight.

It will be the first execution in New England in nearly half a century - putting Connecticut on a path out of step with much of the world and even the nation, where public opinion is slowly shifting and juries increasingly are reluctant to impose capital punishment.

Understandably, there is little public sympathy for Mr. Ross, a twisted psychopath who admitted killing eight girls and young women and has been on death row for nearly two decades. Even some people who oppose capital punishment favor it in this case.

Mr. Ross will be led to the death chamber because he has abandoned all appeals and, in effect, has volunteered to die. But should such a momentous decision be his to make? Will Connecticut effectively be pushed into a legal corner, where it executes only prisoners who abandon their appeals? Another death row inmate, Sedrick Cobb, recently announced that he, too, wants to die.

Gov. M. Jodi Rell and the General Assembly have reaffirmed their support for capital punishment in the belief that they are in sync with majority opinion. Poll results, however, show a preference among Connecticut residents for life imprisonment without possibility of parole over the death penalty.

Nationally, dozens of people have been freed from death row because of wrongful convictions. Jurors also are aware of the arbitrary application of the penalty. As a result, death sentences declined last year to the lowest level since the U.S. Supreme Court reinstated capital punishment in 1976.

When the state Supreme Court ruled this week that Mr. Ross was competent to abandon his appeals, Justice Flemming L. Norcott Jr. issued a stinging rebuke to his colleagues, asking, "Has our thirst for this ultimate penalty now been slaked, or do we, the people of Connecticut, continue down this increasingly lonesome road?"

Some politicians assumed that they could appear tough on crime by embracing the death penalty - believing that Connecticut would never actually execute anyone.

We now know that their assumption was wrong. The execution of Mr. Ross should spur lawmakers to take another look at a discredited penalty, which one day likely will be declared "cruel and unusual" punishment barred by the U.S. Constitution.



Killer's sister is latest to be rejected by court
By PAT EATON-ROBB. Associated Press Writer
 May 11, 9:59 AM EDT

HARTFORD, Conn. (AP) -- The state Supreme Court planned to convene Wednesday afternoon to consider hearing an appeal of serial killer Michael Ross' sister, who wants to intervene and stop what would be New England's first execution in 45 years.

The state has asked the high court to dismiss the appeal of Donna Dunham, who claims her brother is mentally incompetent to drop his appeals and accept his death sentence, scheduled to be carried out by lethal injection early Friday.  The high court earlier this week upheld Ross' mental competence in another appeal. It has also previously rejected requests by Ross' father and the state's public defenders to intervene and file appeals against Ross' wishes.

Ross' attorney, T.R. Paulding said Tuesday that because the court has left no doubt that Ross is competent, others will have a hard time stopping the lethal injection.

"The issue of competence was the only potentially valid issue that would allow any of these interlopers to get their foot in the door," he said. "That mechanism for them to get their foot in the door seems to be closed."

Citing that ruling, Rockville Superior Court judge Jonathan Kaplan ruled Tuesday that Dunham has no standing to act on her brother's behalf.  But Dunham's attorney, Diane Polan argues that Ross is not able to make a voluntary decision to die. The harsh conditions on death row, and Ross' narcissism coerced him into thinking that death is a noble choice, and have made it impossible for him to recant, she said.  Polan said Tuesday she expects the issue will end up in the federal courts.

"The constitutional validity of Mr. Ross's waiver of his appellate rights is a legitimate and, indeed, crucial issue," Polan said. "We believe the federal courts are obligated to consider these issues, which requires that the rush to execution be derailed."

Paulding said he was preparing for the possibility that others will attempt to intervene before the execution, scheduled for 2 a.m. Friday, but believes the courts will be highly suspicious of any new claims.  "I assume those claims could have been filed a long time ago," he said.

Ross, 45, was sentenced to death for murdering four young women in eastern Connecticut in the early 1980s and has confessed to four other murders in Connecticut and New York.  Last year, he decided to end his appeals and accept his death sentence. He was hours away from being put to death in January, when Paulding, under pressure from a federal judge, asked for a new hearing to examine his competency.

Edwin Shelley, whose 14-year-old daughter Leslie was killed by Ross in 1984, said he's hopeful it will happen this time.

"None of the people who are filing these appeals have standing," he said. "These are all frivolous lawsuits brought by uninterested parties. They should be made to repay the state of Connecticut for the money wasted defending against them."  Dunham is one of Ross' three siblings and lives in Texas. Ross has no relationship with her, and has not heard from her in years, Paulding said.

On Tuesday, attorney Thomas Groark, who was hired as a special counsel to argue at a competency hearing that Ross is mentally incompetent, said he would file no further appeals following Monday's Supreme Court ruling.  In addition to the court fights, the state Department of Public Health has received formal complaints from at least four doctors asking it to investigate the planned execution.

The department rejected complaints from three Connecticut physicians alleging numerous medical, ethical and legal problems with the state's lethal injection procedures. A fourth doctor, from Ohio, alleges that the Department of Correction and its clinical director improperly volunteered to train Ross' execution team in the medical procedures needed for lethal injection.

The Department of Correction, citing safety concerns, has refused to say who will administer the lethal injection or how they are trained. The department also refused to say how it determined the dosages of the drugs being used or how it will ensure they are properly administered.  The state Freedom of Information Commission is expected to order the department on Wednesday to make some of that information public. But the department will have several weeks to appeal any such order.



Judge refuses to let serial killer's sister file appeal
New Haven Register
By PAT EATON-ROBB, Associated Press Writer
May 10, 12:41 PM EDT
HARTFORD, Conn. (AP) -- A Superior Court judge Tuesday rebuffed an attempt by a sister of serial killer Michael's Ross to intervene in the case and stop her brother's execution, which would be the fist in New England in 45 years.

Rockville Superior Court Judge Jonathan Kaplan ruled Tuesday that Donna Dunham has no standing to act on her brother's behalf.

Ross, 45, was sentenced to death for murdering four young women in eastern Connecticut in the early 1980s and has confessed to four other murders in Connecticut and New York.

Last year, he decided to end his appeals and accept his death sentence. He is scheduled to die by lethal injection just after 2 a.m.  Dunham's attorney, Diane Polan had argued that Ross is not mentally competent to make a voluntary decision to die. The harsh conditions on death row, and Ross' narcissism coerced him into thinking that death is a noble choice, and have made it impossible for him to recant, she argues.

Those were similar to the arguments used in failed attempts by Ross' father and the state's public defenders to intervene and file appeals against Ross' wishes.  Judge Kaplan's decision, which calls the complaint "wholly frivolous," came a day after the state Supreme Court upheld a ruling that Ross is mentally competent.

Judge Kaplan wrote that in light of the high court ruling, he cannot find that Dunham's claims "even remotely amount to meaningful evidence" that Ross cannot act for himself.

Ross' Attorney T.R. Paulding, who has been helping clear the path to execution, said he believes Monday's Supreme Court ruling removed the last major hurdle.

"The issue of competence was the only potentially valid issue that would allow any of these interlopers to get their foot in the door," he said. "That mechanism for them to get their foot in the door seems to be closed."  Paulding said he believes the courts will be highly suspicious of any new claims being brought in the remaining hours before the lethal injection.

"I assume those claims could have been filed a long time ago," he said.

Dunham is one of Ross' three siblings and lives in Texas. She was not in court Monday, and a call to her home was not returned. Paulding said Ross has no relationship with her, and has not heard from her in years.  Polan has said she plans to take her case to the state Supreme Court and federal courts if necessary. The petition to intervene was brought in Rockville Superior Court because Ross is incarcerated in Somers, which is in the Rockville judicial district.


State's High Court Again Delays Ross Execution;  Date Moved Back To Allow Arguments On Lower Court's Decision On His Competency
By IZASKUN E. LARRANETA, New London DAY
May 3, 2005

For the seventh time, the execution of serial killer Michael Ross has been delayed.

The state Supreme Court announced Monday that Ross cannot be put to death before 12:01 a.m. May 13. He was last scheduled to die May 11. A new execution date is expected to be announced today.
The delay will allow the high court to hear arguments Thursday on whether a lower court erred when it found Ross competent to forgo his appeals and proceed to his execution.

It is not certain, however, how the delay will affect the death warrant, which is worded so that it expires five days after the execution date is set.  Brian Garnett, a spokesman for the Department of Correction, said the DOC is in the process of reviewing the ruling and its implications on the death warrant.

In February, New London Superior Court Judge Patrick Clifford appointed special counsel Thomas Groark Jr. to play devil's advocate to Ross' assertions that he is competent and able to waive his right to appeal the death sentence. Clifford made the appointment after Ross' attorney, T.R. Paulding Jr., filed a motion Jan. 31 to stay Ross' scheduled execution and reopen a hearing on his competency. Paulding has been an advocate for Ross in his effort to move forward with the execution.

Paulding made the request to reopen the hearing after U.S. District Judge Robert Chatigny threatened to take his law license if Chatigny found that Paulding had not adequately explored his client's state of mind.

Groark's appointment enabled Paulding to stay on the case and argue that his client is competent while Groark took the opposing position.  Following a six-day competency hearing last month, Clifford for a second time found Ross competent.

Groark appealed Clifford's ruling.

In response to Groark's complaint, prosecutors on Monday asked the high court to reject the appeal on the grounds that Groark has no standing to file one. The state claims Groark was appointed to argue the issue of competency only, and that his role in the case ended when Clifford rendered his decision.

“Special counsel's role at the trial-court level in this case was extremely limited and it was never intended to authorize special counsel to participate in any litigation before this court, let alone allow it to initiate such litigation,” wrote Harry Weller, a supervisory assistant state's attorney at the Office of the Chief State's Attorney.

The state also argued that Paulding, not Groark, has the right to file appeals on his client's behalf.

Groark, however, wants the high court to determine whether the lower court erred when it concluded that Ross did not suffer from a mental disease that substantially affected his ability to make rational choices.

Four psychiatrists took the witness stand during the competency hearing. Two found Ross competent, two did not.  Neither Paulding nor Groark could be reached for comment Monday.

Ross was sentenced to death for the kidnapping and murder of Leslie Shelley and April Brunais, both 14, Robin Stavinsky, 19, and Wendy Baribeault, 17. Brunais, Stavinsky and Baribeault were also raped. Ross was given two life sentences for the r