Final Sv Count 11

8/3/2019 Final Sv Count 11

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No. CR07-241860

STATE OF CONNECTICUT ) SUPERIOR COURT

v. ) NEW HAVEN JUDICIAL DISTRICT

JOSHUA KOMISARJEVSKY ) DECEMBER , 2011

SPECIAL VERDICT

ELEVENTH COUNT (MURDER OF HAYLEY PETIT)

As you have been instructed, your factual findings will determine whether, on this count,

the defendant will be sentenced to death (the defendant will receive the death penalty on this

count if (1) you unanimously find that the State has proved the existence of one or more

aggravating factors beyond a reasonable doubt, and(2) you unanimously find that the defendant

has not proved the existence of a statutory mitigating factor by a preponderance of the evidence,and(3) either(a) you unanimously find that no nonstatutory mitigating factor is established by a

preponderance of the evidence or(b) one or more jurors find that one or more nonstatutorymitigating factors have been established by a preponderance of the evidence and you are

unanimously persuaded beyond a reasonable doubt that the aggravating factors outweigh the

nonstatutory mitigating factors found by those jurors and, therefore, you are persuaded beyond areasonable doubt that death is the appropriate punishment on this count) or to life imprisonment

without the possibility of release (the defendant will be sentenced to life imprisonment without

the possibility of release on this count if (1) you unanimously find that the State has not proven

the existence of an aggravating factor beyond a reasonable doubt, or(2) you unanimously findthat the defendant has proved the existence of a statutory mitigating factor by a preponderance of

the evidence, or(3) one or more jurors find that one or more nonstatutory mitigating factors have

been established by a preponderance of the evidence andyou unanimously find that you are not

persuaded beyond a reasonable doubt that the aggravating factors outweigh the nonstatutorymitigating factors found by those jurors). Accordingly, your answer to the following questions

on aggravating factors, statutory mitigating factors, and nonstatutory mitigating factors shall

constitute your verdict in this case.

I. ALLEGED STATUTORY MITIGATING FACTORS.

A. First Alleged Statutory Mitigating Factor.

Has the defendantproven by a preponderance of the evidence that the defendants mental

capacity was significantly impaired or the defendants ability to conform his behavior to therequirements of law was significantly impaired, but not so impaired as to constitute a defense to

prosecution?

B. Second Alleged Statutory Mitigating Factor.


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Has the defendant proven by a preponderance of the evidence that the defendant was

criminally liable under Section 53a-8 of the Connecticut General Statutes for the offense, whichwas committed by another, but the defendants participation in the offense was relatively minor,although not so minor as to constitute a defense to prosecution?

With respect to these alleged statutory mitigating factors:

___ YES. The jury unanimously finds that the defendant has proven at least one statutory

mitigating factor by a preponderance of the evidence.

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___ NO. The jury unanimously finds that the defendant has notproven at least one statutory

mitigating factor by a preponderance of the evidence.

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If your answer to the above question is YES, you must cease your deliberations withrespect to this count and report your verdict to the court when you have reached a verdict on the

other counts in the case. The Court will then impose on this count a sentence of life


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imprisonment without the possibility of release.

If your answer to the above question is NO, you must proceed to the next portion of theSpecial Verdict form.

II. ALLEGED AGGRAVATING FACTORSA. First Alleged Aggravating Factor

Has the State proven beyond a reasonable doubt that the defendant committed the offense

and in such commission knowingly created a grave risk to another person?

___ YES. The jury unanimously finds that the State has proven this aggravating factor beyond a

reasonable doubt.

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___ NO. The jury unanimously finds that the State has notproven this aggravating factor beyonda reasonable doubt.

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B. Second Alleged Aggravating Factor.

Has the State proven beyond a reasonable doubt that the defendant committed the murder

of Hayley Petit and the murder was committed in an especially heinous, cruel or depraved

manner?

___ YES. The jury unanimously finds that the State has proven this aggravating factor beyond a

reasonable doubt.

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___ NO. The jury unanimously finds that the State has notproven this aggravating factor beyond

a reasonable doubt.

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If your answer to each of the above questions is NO, you must cease your deliberations

with respect to this count and report your verdict to the court when you have reached a verdict onthe other counts in the case. The Court will then impose on this count a sentence of life

imprisonment without the possibility of release.


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If your answer to any of the above questions is YES, you must proceed to the nextportion of the Special Verdict form.

III. NONSTATUTORY MITIGATING FACTORS.

(Nonstatutory mitigating factors are such as do not constitute a defense or excuse for the

capital felony of which the defendant has been convicted, but which, in fairness and mercy, may

be considered as tending either to extenuate or reduce the degree of his culpability or blame forthe offense or to otherwise constitute a basis for a sentence less than death.)

Do one or more jurors find, by a preponderance of the evidence, that a particular factor

exists concerning the defendants character, background or history, or the nature and

circumstances of the crime that is mitigating in nature, considering all the facts and

circumstances of the case?

___ YES. One or more jurors find that one or more nonstatutory mitigating factors areestablished by a preponderance of the evidence.

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___ NO. The jury unanimously finds that no nonstatutory mitigating factor has been established

by a preponderance of the evidence.

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___________________________ _____________________________

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If your answer to the above question is NO, you must cease your deliberations with

respect to this count and report your verdict to the court when you have reached a verdict on theother counts in the case. The Court will then impose on this count a sentence of death.

If your answer to the above question is YES, you must proceed to the next portion ofthe Special Verdict form.

IV. WEIGHING PROCESS.

Are you unanimously persuaded beyond a reasonable doubt that the aggravating factor or

factors you find in Part II outweigh the nonstatutory mitigating factor or factors found by one or

more jurors and are you, therefore, persuaded beyond a reasonable doubt that death is the

appropriate punishment on this count?

___ YES. The jury unanimously finds that it is persuaded beyond a reasonable doubt that theaggravating factor or factors it finds in Part II outweigh the nonstatutory mitigating factor or

factors found by one or more jurors and it is, therefore, persuaded beyond a reasonable doubt that

death is the appropriate punishment on this count.

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____NO. The jury unanimously finds that it is not persuaded beyond a reasonable doubt that theaggravating factor or factors it finds in Part II outweigh the nonstatutory mitigating factor or

factors found by one or more jurors and it is not, therefore, persuaded beyond a reasonable doubt

that death is the appropriate punishment on this count.

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___________________________ _____________________________

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When you answer this question, you must cease your deliberations with respect to this

count and report your verdict to the court when you have reached a verdict on the other counts inthe case.

If your answer to the above question is YES, the court will impose a sentence of death onthis count.

If your answer to this question is NO, the court will impose a sentence of life

imprisonment without the possibility of release on this count.

Final Sv Count 11

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