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NO. CR07-241859

SUPERlOR COURT

STATE OF CONNECTICUT

JUDICIAL DISTRICT

v.

OF NEW HAVEN

STEVEN HAYES

SEPTEMBER 301 2009

MOTION FOR SUPPLEMENTAL DISCOVERY

Pursuant to Conn. Practice Book §40-2 and to his state and federal constitutional rights to a fair and impaltial jury, the defendanL respectfully requests any lInd all infonnation regarding interviews and all communications and correspondence that took

place between co-defendant Joshua Komisarjevsky and author Brian McDonald. In support (If such request the defense asserts the following: On September 29,2009, a book was released entitled ÂŤIn the Middle ofthe Night" by author Brian McDonald and published by St. Martins Press. Such publication purports to derive from interviews, phone conversations and mailings that took place ;

",

between co-defendants Komisarjevsky and author McDonald. Chap. -36 pages 223-230; McDonald interview with Mark Davis Ch. 8 (author defen$ book on Cheshire murders). All these communications apparently took place while Komisarjevsky was incarcerated at

the maximum security facility MacDougal Correctional Institution. This publication is a fictionalized account masquerading as a bona fide version of the Cheshire tragedies. In reality it is a scandalous, scurrilous, salacious piece ofjournalistic trash that offends any

notion of compassion and empathy for the victim and his family, and has the overwhelmingly probability of irrevocably affecting the defendant Hayes' ability to

receive a fair and impartial trial. The defendant seeks the foUowing information:

Judfctal CIsIrfct of N_ . SUPEftlOR CO

FILED


1) When did the states attorney 1 s office or any of their agents first become aware that author McDonald was communicating with Komisarjevsky? 2) On what date did the states attorney's office or any oftheir agents receive c{)pies of the communication (either written letters or intercepted phone conversations? 3) Were there communications between the states attorney's office, or its agents, and the Department of Correction regarding the monitoring of

communications between Komisarjevsky and author McDonald? If so, identify what personnel from DOC and the states att()mey's office were involved and on what dates these communications occulTed and by what method (phone) letter, e-mail). 4) When did the states attorney's office become aware that author McDonald was going to publish the book? 5) What actions, if any, were taken by the states attorney's office to stop

publication of the book? 6) Does the states attorney's office have copies of the letters sent by

Komisarjevsky to author McDonald?

7) Does the states attorney's office have copies of all letters sent by McDonald to Komisarjevsky? 8) Does the states attorney's office have digital recordings of the DOC

McDougal visiting room and or inmate phone communications between Komisarjevsky and McDonald?


",' :~""~'("~""''''''~'':"''':Y:~';'' J>,'

,:.:/ If the answer to any of the above questions is in the affinnative, the defendant

requests copies of all such documents, letters, notes, e-mails, visiting room andlor inmate, phone recordings.

The court has entered gag and sealing orders in an attempt to avoid further release of prejudicial infonnation in a case already saturated with overwhelming pretrial prejudicial publicity. These orders were entered on November 6,2007, by Judge Richard

Damiani. The release of this book detailing Komisaljevsky's "claims" further prejudices defendant's Hayes' ability to receive a fair trial. The above infonnation, responses, and documents would ass ist in a determination as to whether any of the courts' orders have

been violated. WHEREFORE, the defendant respectfully requests the court to grant his motion.

THE DEFENDANT

, PATRICK CULLIGAN CHIEF OF LEGAL SERVICES

Book about Cheshire Home Invasion Creates Motion for Supplemental Discovery  

Suspect in Cheshire home invasion wishes to have gag orders against the book that could put him in a negative light.

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