10-18-2010, 12:47 PM
the prosecution was smart. no point in rehashing all the aggravators for a shellshocked jury. they will probably never forget what was done to the family. now the defense has to somehow mitigate what happened, what hayes did. i don't think he'll get any sympathy. poor defense lawyer has a tough job here, but he has to do it.
from ABC News:
Defense attorneys trying to spare convicted murderer Steven Hayes the death penalty for his role in the murders of a Connecticut mother and her two daughters plan to employ character witnesses and his history of drug abuse as part of their strategy.
"At this point, you must have an open mind as a question of punishment," public defender Patrick Culligan told the jury today, the first day of the sentencing trial, which is expected to last about two weeks.
"You will learn that he has a long criminal history of being a burglar and a thief and a person who has for a long period of time in his life [had] a serious drug abuse addiction," he continued. "You will also learn he could be a good worker ... he could be a likable person."
But whether or not being a sometimes "likable person" is enough to spare Hayes life is debatable for the jury who sat through weeks of gruesome evidence before finding Hayes, 47, guilty on 16 of 17 felony counts for the murders of Jennifer Hawke-Petit and her daughters, Hayley, 17, and Michaela, 11.
The prosecution rested its case before noon, calling just one witness --- criminal court clerk John Dziekan -- to present Hayes prior convictions.
"Ninety-nine percent of the evidence we rely on has already been put before you," State's Attorney Michael Dearington said today during his opening statement.
Evidence in the sentencing phase, the bulk of it from the defense, is scheduled to be heard early this week and into next week, with closing statements expected by Oct. 29.
Culligan told the jury today that he had as many as eight witnesses who knew Hayes before the 2007 home invasion for "insight as to who Steven Hayes was before he committed the crimes."
Hayes, dressed in a white collared shirt with black stripes, made little movement during the morning's events, much as he did during his trial.
Dr. William Petit, the sole survivor of his family's massacre, was in the audience. Petit announced earlier this month that he will not give a victim impact statement during the penalty phase.
In a statement, Petit cited what he considers to be a lack of clarity in Connecticut law regarding the reading of victim impact statements, saying it is not well-defined whether such a statement should be read by the victim himself or by the prosecutor and whether or not such a statement should be presented prior to or after the sentencing.
Petit said he feared that "this lack of clarity" could be used by an appellate court to rule that a victim impact statement improperly influenced sentencing.
"I do not presently intend to seek to offer a victim impact statement in this case precisely because of my concerns that it could be used (wrongly) as a basis for appeal and possibly even a new sentencing trial," Petit said.
from ABC News:
Defense attorneys trying to spare convicted murderer Steven Hayes the death penalty for his role in the murders of a Connecticut mother and her two daughters plan to employ character witnesses and his history of drug abuse as part of their strategy.
"At this point, you must have an open mind as a question of punishment," public defender Patrick Culligan told the jury today, the first day of the sentencing trial, which is expected to last about two weeks.
"You will learn that he has a long criminal history of being a burglar and a thief and a person who has for a long period of time in his life [had] a serious drug abuse addiction," he continued. "You will also learn he could be a good worker ... he could be a likable person."
But whether or not being a sometimes "likable person" is enough to spare Hayes life is debatable for the jury who sat through weeks of gruesome evidence before finding Hayes, 47, guilty on 16 of 17 felony counts for the murders of Jennifer Hawke-Petit and her daughters, Hayley, 17, and Michaela, 11.
The prosecution rested its case before noon, calling just one witness --- criminal court clerk John Dziekan -- to present Hayes prior convictions.
"Ninety-nine percent of the evidence we rely on has already been put before you," State's Attorney Michael Dearington said today during his opening statement.
Evidence in the sentencing phase, the bulk of it from the defense, is scheduled to be heard early this week and into next week, with closing statements expected by Oct. 29.
Culligan told the jury today that he had as many as eight witnesses who knew Hayes before the 2007 home invasion for "insight as to who Steven Hayes was before he committed the crimes."
Hayes, dressed in a white collared shirt with black stripes, made little movement during the morning's events, much as he did during his trial.
Dr. William Petit, the sole survivor of his family's massacre, was in the audience. Petit announced earlier this month that he will not give a victim impact statement during the penalty phase.
In a statement, Petit cited what he considers to be a lack of clarity in Connecticut law regarding the reading of victim impact statements, saying it is not well-defined whether such a statement should be read by the victim himself or by the prosecutor and whether or not such a statement should be presented prior to or after the sentencing.
Petit said he feared that "this lack of clarity" could be used by an appellate court to rule that a victim impact statement improperly influenced sentencing.
"I do not presently intend to seek to offer a victim impact statement in this case precisely because of my concerns that it could be used (wrongly) as a basis for appeal and possibly even a new sentencing trial," Petit said.