Petit Murder Case: Attorney Asks Death Penalty Jury to Relive 'Night of Hell'

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The state rested its case early on after calling a court clerk on the first morning to read a list of all of Hayes' prior convictions.

Then, on Monday, Judge Jon Blue called out an amorous alternate juror for trying to catch a court employee's attention.

Blue revealed to the courtroom that the sole remaining alternate juror attempted Friday to pass a note to one of the court marshals that read "Sunday 5pm. Side Street Grill. Can we?"

The note was apparently intended to elicit a romantic affair. The judge called it a matter of "spectacular" and "poor" judgment and further said it was "goddamn dumb thing to do," all the more so because several alternate jurors had already been dismissed leaving an extremely thin jury pool.

Steven Hayes Jury to Decide Whether He Gets Executed

If there were any complications to one of the sitting jurors, Blue warned the court, the entire trial could have been thrown into question.

The embarrassed juror was questioned in open court about the note and flushed red, hiding her head in her hands.

"I have embarrassed myself," she said.

Blue eventually ruled that she should not be dismissed as an alternate juror, because the situation "did not affect her impartiality" and they needed her on the panel.

The jury was read a letter Monday from Hayes to his only son, Steven Jr., dated 2005 in which the elder Hayes admitted to being a drug addict and apologized for being a bad father.

"So you see bad drugs and my using cost me everything," wrote. "It is cunning, baffling and powerful."

Hayes ended his letter, "Steven, I love you and hope to one day have the chance to make it up to you."

Last week jurors were read a letter from Hayes' younger brother, in which he claimed Hayes tortured him, burning him on the stove on one point and at another time holding a gun to his head.

"Steven is what Steven is because he is a coward," Matthew Hayes wrote in the letter, which was read by a clerk. "As family of this monster we all have to live with this nightmare."

Psychiatrist Dr. Eric Goldsmith, however, told the jury Thursday that it was Komisarjevsky who came up with the idea to rob a house in well-to-do Cheshire. Hayes, he said, didn't know ahead of time that the home invasion would involve rape, murder and a fire to destroy the evidence.

Komisarjevsky, Goldsmith testified, told Hayes during the invasion that he'd already gotten DNA on one of the girls so they'd have to kill them both and urged Hayes to get his hands dirty.

Goldsmith's testimony revealed Hayes had sex with Hawke-Petit after he strangled her and that Komisarjevsky told Hayes that Dr. William Petit -- the sole survivor of the home invasion -- had died. Petit had been bound and badly beaten, but managed to escape to a neighbor's house and call for help.

When Hayes worried about the DNA evidence that would be left at the scene, Komisarjevsky allegedly shot back, "fire kills everything," Goldsmith testified.

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