Connecticut Commentary: Red Notes from a Blue State

There are some wounds time won’t heal. Such is the murder of three members of Dr. William Petit’s household. The household -- Dr. Petit, his wife and two daughters – was attacked by two career criminals, Steven Hayes and Joshua Komisarjevsky, both on parole. A recent news story – “Second look, A Year After Cheshire Home Invasion, William Petit Speaks Up For Tougher Crime Laws” – pithily describes what happened: “On a July night in 2007, intruders clubbed and trussed Petit at his home in Cheshire, the start of an ordeal that ended with the deaths of his wife, Jennifer Hawke-Petit, and their daughters, Hayley, 17, and 12-year-old Michaela. “Hawke-Petit and Michaela were raped. The mother was strangled. Both daughters were left bound in their beds, the house doused with gasoline and set afire.” The scene of the crime has since disappeared. Where before there was a house and a family, now there is nothing. The erasure process, sometimes confused with a healing process, has now be...

“And I alone am left to tell the tale” – Ishmael in Herman Melville’s Moby Dick According to a news report , the judiciary committee, presided over by chairmen Michael Lawlor in the House and Andrew McDonald in the senate, both lawyers, had been tossing around the question whether the legislature should abolish Connecticut’s death penalty for about eight hours when the proverbial skunk showed up at the garden party. Connecticut’s chief public defender, Susan Storey, testified that the death penalty was a drain on state resources and did not deter crime. Other speakers came forward and said that capital punishment was immoral. Co-chairman of the committee Michael Lawlor said earlier in a press interview before the hearing, "No one's going to be executed in Connecticut unless they want to be executed. This is really a fraud of a public policy." Mr. Lawlor was referring indirectly to the execution of serial killer Michael Ross , whose trial and execution took an inordinatel...

It is always just a wee bit tricky to use the word “redemption” in connection with capital punishment, because redemption is a religious category. To be redeemed means to be saved. “We are all saved in the blood of the lamb.” This means that Christ’s sacrifice on the cross has saved us from our sins. Presumably those sins may include multiple murders. Catholics believe that sin demands expiation on the part of the sinner; penance is expiation. Protestants believe that good works are not useful in the redemptive scheme; we are redeemed by the grace of God alone. A couple of years ago, according to state prosecutors, two petty criminals, Steven Hayes and Joshua Komisarjevsky, both on parole at the time, broke into Dr., William Petit’s house, brutalized the doctor by beating him unconscious with a baseball bat, forced his wife to go to a bank and withdraw cash, raped his wife and daughter, tied his two daughters to a bed and set his house on fire. All the members of Dr. Petit’s family sa...

The repeal of the death penalty has produced some aftershocks. Of course, the real aftershocks will arrive after the next heinous murder, though it should be said that the multiple murders of Steven Hayes and Joshua Komisarjevsky have set a high bar. These two worthies beat a husband with a baseball bat, tied him in the cellar of his house, forced his wife to draw out thousands of dollars from a bank, raped her, raped one of the daughters, tied both daughters to their beds, set fire to both, sprinkled the house with gasoline and murdered all inside but Dr. William Petit, who managed to escape and afterward demand the death penalty for Mr. Hayes and Mr. Komisarjevsky, readily granted to him by two separate juries. In Connecticut, death penalty cases require both a jury trial and a death penalty hearing. Somewhat like Ishmael of Moby Dick fame, Mr. Petit was a lone survivor, a rather chatty one, determined to seek justice for his wrecked Pequod. Anti-death penalty proponents found ...

Never letting a crisis go to waste, Democrats who favor national restrictions on guns have turned the assault in San Bernardino in the direction of gun control laws they favor. If U.S. Senator Chris Murphy is not leading the pack, he is barking loudly with the other hounds. A day after the terrorist attack in California, Mr. Murphy tweeted to the world, “ Your ‘thoughts’ should be about steps to take to stop this carnage. Your ‘prayers’ should be for forgiveness if you do nothing - again.” The Murphy tweet produced others chastising the Senator for devaluing prayer. But Mr. Murphy’s tweet was not so much an assault on the efficacy of prayer as it was a case of purposeful campaign posturing; tweeting brings out the worst in many of us. If people are unwilling to do something to stop the carnage, Mr. Murphy seemed to be saying, “their ‘prayers’ should be for forgiveness.” Mr. Murphy did not say in his initial tweet who should be forgiven or why (Baathist tyrants in Syria? Isla...

A decent time having elapsed, sort of, since two multiple murderers had been sentenced to death for having 1) beaten with a baseball bat a husband of a family in Cheshire, 2) forced the husband’s wife to travel to a bank to withdraw funds for the two murderers, 3) raped the wife and one of the daughters, 4) bound the daughters to their beds, 5) set fire to the house, murdering the daughters and their mother, anti-death penalty legislators in the General Assembly are planning once again to file a bill that would prospectively abolish the death penalty, replacing it with a sentence of life in prison without possibility of parole. Prospective abolition would leave intact the 11 death penalty sentences of the murderers awaiting justice on Connecticut’s death row. Such a bill would leave intact the legislature’s power to commute death penalty sentences to life in prison at any time after the General Assembly had abolished the death penalty. Unlike most states, the pardon power in Connect...

Governor Dannel Malloy’s Nominee for Chief Justice of the Connecticut Supreme Court, Justice Andrew McDonald, was sent to the General Assembly with a negative recommendation. The nomination  passed in the House by one vote, where Democrats have a six member edge over Republicans, and is now headed towards the Senate, which is split 18-18 among Democrats and Republicans. The Republican leader in the Senate, Len Fasano, said on a radio talk show recently that he is inclined to vote down the nomination.  After viewing all McDonald's opinions -- and also interviewing McDonald -- Fasano feels that McDonald is prone to affirming a possibly flawed decision if the decision contains a partial narrative that supports his apriori views. For instance, McDonald believes that the death penalty may be racist because it falls disproportionately on blacks, a doubtful datum. If a decision to abolish the death penalty supported that view, McDonald would be inclined to support it. That mo...

Taking Back The Courts What We Can Do To Reclaim Our Sovereignty By Norm Pattis Publisher: Sutton Hart Press Price: $22.95 Attorney Norm Pattis, the author of “Taking Back the Courts: What We Can Do to Reclaim Our Sovereignty,” is viewed by other lawyers as a cross examination impresario. If this particular talent is a gift, it is one that in Mr. Pattis’s case has been honed throughout his years practicing law as a criminal defense attorney in Connecticut. Mr. Pattis is used to thinking outside the box – very quickly. He is disputatious, capable of mastering a complex briar patch of facts and legal precedents in quick time and effortlessly applying the relevant points in his summations. And he has a pony tail. Pony tails, however, may be deceptive. They evoke the silly sixties, free love, pot and the slow evisceration of the antique morality of benighted backward looking parents of the Woodstock generation. But as Mr. Pattis’ ponytail swishes through the chapt...

There was a point during the Cheshire murder trial when one of the defense attorneys representing accused murderer Joshua Komisarjevsky became concerned that small pins worn by family members of the murder victims might unduly prejudice the jury against their client. The judge in the case, Jon Blue, ruled that the pins were not so indiscrete as to trip the prejudices of jurors. The pin challenge by the defense followed by some months the publication of an interview Mr. Komisarjevsky gave to a reporter while incarcerated that was, the First Amendment still being the law of the land, widely covered by several state newspapers. The Komisarjevsky prison interview was fashioned into a hastily written book that found its way into libraries across the state. An effort was made, unsuccessfully, to pry the book from the hands of aggressive librarians conversant with the First Amendment. Mr. Komisarjevsky, a very talkative fellow, also made a statement to police shortly after he was appreh...

“The 'most prolific' serial killer in U.S. history” has now been sentenced to death, according to  a report in the Daily Mail . It is suspected that Rodney Alcala, whose picture is shown here, murdered upwards of 130 young girls and women. Alcala is due to be executed by lethal injection for the murders of a twelve year old girl and four women. He has admitted killing another 30 women in the 1970’s. An amateur photographer, Alcala left behind hundreds of pictures of women, some of whom were his victims. “He committed unspeakable acts of horror,” said prosecutor Matt Murphy, “He gets off on the infliction of pain on other people. He's an evil monster who knows what he is doing is wrong and doesn't care.” Detective Claiff Shepard places Alcala “right up somewhere below Hitler and right around Ted Bundy. It is not humane what he does to these victims. It is torture.” Alcala raped his victims, strangled them until they lapsed into unconsciousness, then revived them ...

It is not likely that Joshua Komisarjevsky, one of the two alleged murderers in the Pettit case, need fear a cell invasion. But the lawyers for his partner in mayhem, Steven Hayes, who along with Komisarjevsky is accused of invading Dr. William Petit’s home and murdering his wife, Jennifer Hawke-Petit, and her two daughters, Hayley, 17, and Michaela, 11, now are seeking an arrest warrant for Komisarjevsky. Hayes’ lawyers claim that Komisarjevsky has committed “criminal contempt of court” for having disregarded a judge’s gag order. Principles in the case are under a judge’s instruction not to chat it up before trial for fear the court may not be able to empanel a dispassionate jury. It is supposed by some defense attorneys that if a jury member has read about the events at issue in trial, the juror will be “tainted” and thus unable to render a just verdict. Good judges dispose of the worry by instructing jurors that in their deliberations they may only consider evidence pres...

"The past is never dead. It's not even past"  – William Faulkner Faulkner’s notion that we drag the past into the present with us in order to plot our futures is just common sense. In our life’s play, perhaps the most important character, ever-present but invisible, is the lived and remembered past. We learn from the past because we do not wish to be doomed to repeat fatal errors. And this applies in a darker sense to those who have suffered grievous wrongs. The moment is never far from them, and sometimes the moment, if you are a woman who has suffered a vicious assault, is present as a recalled event, a haunting ever present horror and a future possibility. After Deanna Pichette was assaulted by James Bartis III in December 2000, she was immediately hospitalized. This was the second go-around for Mr. Bartis, who had served six months in prison for a prior assault on Ms. Pichette, then his girlfriend. The hospital report on the injuries sustained by Ms. Pi...

A picture, it is often said, is worth a thousand words. In the case of a picture on the front page of a newspaper captioned “After Newtown,” the picture may be worth a thousand dead end arguments. The photo shows parents and children milling in the hallway of Henry Barnard Elementary School in Enfield on the first day of school. A bright yellow banner greets the students: “Welcome Back!” In the foreground of the picture, Kevin Hart, “one of the guards stationed at every Enfield school this year,” stands watch, his hands folded in front of him and a gun strapped to his hip. Mr. Hart is “a retired Hartford police officer hired as a monitor for Henry Barnard.” But for the pistol, he is inconspicuous and would arouse no notice.

Lamont, King Charles 1? When Ben Franklin emerged from the Constitutional Convention at its close, he was accosted by a woman on the street who asked him, “Well, sir, what have you given us?” “A republic,” Franklin answered, “ if you can keep it.” The question before us in Connecticut is a simple one: Are we to have a republic, or not? The state legislature, controlled by Democrats, is now poised to expand the “emergency powers” of Governor Ned Lamont that will terminate on September 9. Small “r” republicans across the state, remembering Franklin’s “if”, do not think that an open-ended extension of borderless gubernatorial powers is wise, prudent or practical. The General Assembly should not approve an extension of executive powers in which the legislature does not, as a co-equal body, affirm every emergency decision made the governor. Without such affirmations, here can be no check and balance upon an impudent and audacious chief executive. This is a question that, small “r” r...

The 2020 elections in Connecticut, as complete a rout by Democrats as can be imagined, means, at the very least, that the so called Republican “firewall” has been wholly destroyed. Governor John Rowland and Jodi Rell, now enjoying herself in Florida, are distant bugles.  The political choices in Connecticut for the foreseeable future will be 1) progressive, and 2) more progressive. We have been brought to this pass by "moderate” Republicans who were fiscally conservative and socially liberal. The best specimen of the type was Lowell Weicker, father of Connecticut’s income tax. Unlike the national elections, the consequences of state elections in Connecticut are crystal clear. Democrats have managed to engineer a clean sweep, and the state Democrat Party is in the grip of a progressive floodtide, leaving in its wake both Republican and Democrat moderates. Nearly half of the Democrat super-caucus is made up of progressives whose resemblance to John F. Kennedy Democrats is superfic...

Vice President Joe Biden came to Connecticut for two reasons: to raise money – this is, after all, election season – and to fist bump Governor Dannel Malloy. Mr. Biden had hardly arrived in the state when some faithful Democrats began to wonder whether Mr. Malloy had fallen out of favor with the White House. Why dispatch to such a faithful state a second string, gaff prone VP? Where was President Barack Obama?

Early in June, 2009, the state legislature passed a bill abolishing the death penalty that was vetoed by Governor Jodi Rell, who said she thought the present law was just in the cases in which it had been applied in Connecticut. Although a number of convicted killers are awaiting punishment on death row -- among them Daniel Webb, sentenced to death in 1991 for having brutally raped and murdered a bank executive in a park in Hartford -- the state has executed only two people within living memory: Ross and Joseph “Mad Dog” Taborsky in 1960, who has the distinction of being the only convict in Connecticut sent to death row twice for different crimes. Webb recently beat a guard severely enough to require medical attention. The bill abolishing the death penalty was passed after two convicted criminals released from prison, Joshua Komisarjevsky and Steven Hayes, broke into a home in Cheshire, beat Dr. William Petit unconscious with a baseball bat, raped his wife and one of his daughters,...

A demand by Joshua Komisarjevsky’s importunate lawyers that Dr. William Petit, the sole survivor of a murderous attack on his family, should be sequestered during the trial of Mr. Komisarjevsky has not been met by Mr. Petit with a correlative demand that Mr. Komisarjevsky’s lawyers should also be sequestered. Among other things, sequestration might keep their unreasonable demands out of the media and in the courts, where they might be dealt with more swiftly than the unnecessarily prolonged Komisarjevsky case.

Chief Justice of Connecticut’s Supreme Court Chase Rogers is retiring after 11 years. There are murmurs at the State Capital that Associate Justice Andrew McDonald might fill the vacancy. When all vacancies are filled, Governor Dannel Malloy will have appointed 6 of 7 Justices to the Court. McDonald, the youngest Justice on the court, was the lame-duck Governor's Chief Legal Counsel before he was appointed to  the Court by Malloy in 2013. McDonald had been with the Governor since Malloy’s salad days as Mayor of Stamford. Malloy’s Chief Counsels and political staff have been particularly favored during his administration. Luke Bronin, presently Mayor of Hartford, a city teetering on the brink of bankruptcy and in need of frequent cash transfusions from the state, also had served as Chief Counsel to Malloy.

Are we more safe now than we were before Governor Dannel Malloy’s prison czar, Michael Lawlor, began handing out get-out-of-jail-early credits to so called “nonviolent” incarcerated criminals? Ibraham Ghazal, the co-owner of an EZMart in Meriden, was not safe. Mr. Ghazal was murdered by Frankie Resto, a prisoner released early because the benefits of Mr. Lawlor’s program had been disbursed retroactively and not prospectively to Connecticut prisoners -- including rapists, which Mr. Lawlor evidently did not consider a violent crime. Death has its privileges, and Mr. Ghazal is now safe.