State of Connecticut v. Steven Hayes (2010)

ORDER-(September 3, 2010)

The Hartford Courant moves for an order vacating or modifying the court's orders of November 6, 2007 and August 7, 2009 prohibiting “extrajudicial statements” in connection with State v. Hayes and State v. Komisarjevsky for the specific purpose of gaining access to written correspondence of the defendant, Steven Hayes, intended for the Courant but withheld by the Department of Corrections.

The motion is Denied for the following reasons:

1. This court is satisfied that, given the continued, extensive publicity attendant to the matter of State v. Hayes, there is a substantial likelihood that jury selection in the matter of State v. Komisarjevsky would be adversely affected by publication of material violative of the court's orders currently in place.

2. This court is, additionally, concerned that, absent the court's orders and despite appropriate instructions by the trial court, there exists a similar likelihood that members of the jury selected in the matter of State v. Hayes would, at least, inadvertently, be confronted with material highly prejudicial to the case.

Materials subpoenaed by the Courant from DOC will not be inspected by the court in connection with this motion.   This court has no authority over the internal policies, rules and procedures of DOC which necessarily include decisions to withhold or release inmate correspondence.

Additionally, it should be noted that any statements by the defendant and intended for publication would, at this time, be highly prejudicial and clearly in violation of the court's orders as they currently stand.

By The Court

Roland D. Fasano

Fasano, Roland D., J.