Lawyer describes Connecticut murderer as 'damaged'

From Brian Vitagliano, CNN

December 2, 2011 -- Updated 2302 GMT (0702 HKT)

Beginning at 10 a.m. Monday, a jury will decide whether to sentence Joshua Komisarjevsky to death or to life in prison.

STORY HIGHLIGHTS

• Komisarjevsky was convicted of 17 charges, including three counts of murder, in October
• The sentencing phase of his trial took 6 weeks, leading up to closing arguments Friday
• The prosecution describes his crimes as heinous and the death penalty as appropriate
• The defense says he has a mood disorder and poses no danger while in prison

New Haven, Connecticut (CNN) -- The lawyer for a man convicted of murdering a Connecticut mother and her two daughters described his client as "damaged" and suffering from a mood disorder Friday during a last-ditch attempt to spare his client's life.
On October 13, Joshua Komisarjevsky was convicted of 17 charges, including three counts of murder, four counts of kidnapping and charges of burglary, arson and assault, in the deaths of Jennifer Hawke-Petit and her daughters, Hayley Petit, 17, and Michaela Petit, 11.
The sentencing phase of the trial began 12 days later and continued for six weeks. Beginning at 10 a.m. Monday, the New Haven-based jury will now decide whether to sentence Komisarjevsky to death or to life in prison.

Steven Hayes, the first defendant to stand trial in the case, was sentenced to death in December 2010 after a jury convicted him of 16 of 17 charges.
Prosecutors had argued that Hayes and Komisarjevsky went into the Petit home, beat and tied up Dr. William Petit, raped and strangled his wife, molested one of their daughters and set the house on fire before attempting to flee. The two daughters, who were both tied to their beds, died of smoke inhalation, though William Petit managed to escape.
Prosecutor Michael Dearington described the ordeal as a night of "terror that no person should endure." He also contrasted defense discussion of Komisarjevsky's family history with that of William Petit.
"When I looked at the Komisarjevsky family photos, I realized that Dr. Petit doesn't have any family photos anymore, because they were burned," Dearington said.
He described what he called the heinous nature of the crime, insisting that a troubled past couldn't justify Komisarjevsky's actions.
"How many people do you have to kill before the death penalty is appropriate?" the state's attorney asked, rhetorically.
Defense lawyer Walter Bansley, as he had done during the trial, insisted that Komisarjevsky "wasn't involved in the killings to the extent that Mr. Hayes was."
He then recapped what he described as Komisarjevsky's sordid family history and ongoing battle with his personal demons. His client, Bansley said, was a "dark kid" who later got caught up in a life of crime, especially burglaries.
"Joshua was a damaged young man ... and he remains that way, to this day," the attorney said.

Komisarjevsky was then quoted in a letter to his mother, saying he was sorry "for not being the boy you wanted me to be" and "a loser." Bansley then insisted that his client posed no danger as long as he is in prison, where he does art and studies Latin.
"Josh is not a future danger to anyone, and you really shouldn't consider killing him," Bansley said. "There is no reason to kill him."