BY Katie Rohner | SEP 26, 2010 2:03 PM

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Jeremiah Donovan shared this sentiment on Friday with the press. “Probably” turned out to be an understatement.

Donovan is the lawyer who will represent Joshua Komisarjevsky when he is tried for his role in the Cheshire triple murder case. The small solace Donovan was offering was his assurance that Michaela Petit had not been anally raped by his client the morning she died. Komisarjevsky, he told the press, only ejaculated on the young girl—and Donovan wants the family to believe this because his client said so.

Donovan made that statement outside the Church Street courthouse where his client’s alleged accomplice, Steven Hayes, in on trial for his role in the same crime, the 2007 Cheshire home invasion and murders of members of the Petit family.

Hayes is on trial for capital felony murder, arson, kidnapping, sexual assault, and other charges. Komisarjevsky will face the same charges next year.

On Friday, DNA experts and a fire marshal gave dramatic testimony during day seven of the Hayes trial. Forensic scientist John Schienman, discussed how DNA is analyzed to find consistencies in blood and seminal fluids taken from crime suspects and victims. He found DNA matching William Petit’s profile in blood samples taken from Komisarjevsky’s sweatshirt, the Petit basement, the garage floor of their neighbor, and a Louisville Slugger baseball bat. Petit was beaten with the bat and tied to a basement pole during most of the ordeal. Hayes was found to be a “contributor” in a DNA sample taken from a vaginal swab of Jenniifer Hawke-Petit. He is accused of raping her.

Dononvan was concerned about the finding that Komisarjevsky was a contributor to DNA found on an anal swab of Michaela.
Donovan, a well-respected former federal prosecutor who once argued for the abolishment of the insanity defense,  now defends those accused of crimes. He sits in Courtroom 6A every day observing testimony and taking notes, During the lunchtime break on Friday, he held an impromptu press conference on the courthouse steps to clear up the “mistaken impression” he felt the Petit family had about the true nature of Komisarjevsky’s sexual assault on 11-year-old Michaela. His extraordinary statement, which is premised on a detailed confession that “Josh” gave police on July 23, 2007, not only angered the Petit family and, seemingly, the lawyers on both sides of the Hayes case; it also mystified journalists, and appeared to violate a court-imposed gag order prohibiting such communications.

Petit, the lone survivor of the 2007 attack, and his sister, Johanna Petit Chapman, were huddled outside the courtroom consulting with former federal prosecutor and current Quinnipiac law professor Jeffrey Meyer, who is advising the family. Chapman accused Donovan of trying the case on the courthouse steps and said he should be held in contempt of the gag order. Donovan did give the impression that he was offering “evidence” of Komisarjevsky’s statement made to police the day he was arrested.  However, Komisarjevsky’s statement has yet to be substantiated by a witness—namely the detective who took the statement—and subjected to cross-examination in a court of law, because he hasn’t been tried yet. As it stands, it is still a potentially unreliable, possibly self-serving confession that qualifies only as hearsay when offered by Donovan to courthouse reporters.

Donovan claimed that Komisarjevsky’s statement was corroborated by some of the witnesses in the Hayes trial. Not only is that an inaccurate statement—whether Michaela was anally raped was not confirmed either way—but he appeared to be refuting evidence and manipulating testimony given by experts in the Hayes trial to further the interests of his client. Whether his statement was truly meant to comfort the family (It is hard to imagine how it could) or he was acting as a zealous advocate, his action could get him into trouble.

Donovan acknowledged that he is subject to the gag order that was imposed by Judge Roland Fasano nearly three years ago with regard to the Hayes case, which the judge recently extended to cover the Komisarjevsky trial as well. The gag order restricts attorneys and parties in both cases from publicly disclosing or discussing the cases. Fasano’s concern was (and remains) that pretrial publicity may prejudice potential jurors or influence the outcome of the trial. Donovan said believed his statement was not prohibited by the order.

Violations of court orders qualify for criminal contempt sanctions. Donovan could face a penalty of six months in prison or a fine of $500, or both, if Fasano or another party files a complaint and he is found to have willfully violated the judge’s order. He also may be found in violation of the Connecticut Rules of Professional Responsibility, which provide sanctions for attorneys found to have engaged in professional misconduct. Whether his statement will subject him to disciplinary action by a statewide grievance committee, like a reprimand or worse, is not clear, but a complaint could be filed.

Gruesome evidence was offered later Friday by Fire Marshal Paul Makuc that Michaela and Hayley Petit were doused with an accelerant while tied to their beds. His testimony was interrupted by the sound of Three Dog Night’s “Joy to the World” coming from a cell phone. It was Donovan’s cell phone; he was swiftly ejected from the courtroom. That was bad luck for Donovan. The rest was bad judgment.

Previous installments of the Petit Trial Court Diary:

• Day One: Deceptive Calm
• Day Two: It Was All About “The Girls”
• Day Three: Defense Strategy Emerges: Spread The Blame
• Day Four: Pieces Fall Into Place
• Day Five: Numbers Tell A Story
• Day Six: Suffering Takes Center Stage

 

http://www.newhavenindependent.org/index.php/archives/entry/petit_diary_day_7_/id_29643