Attorneys for one of the men charged in the home invasion killings of a Cheshire woman and her two daughters wants statements their client allegedly made to police thrown out of court.
A hearing is scheduled Wednesday in New Haven Superior court to discuss the motion by Steven Hayes.
Hayes and Joshua Komisarjevsky are accused of killing Jennifer Hawke-Petit and her daughters Hayley and Michaela in July 2007.
According to detectives, Hayes spoke with them shortly after the murders and made self-incriminating statements about the crime. They said Hayes refused to give a written statement, and refused to have his conversation recorded. He eventually asked for an attorney, according to police.
Hayes' attorneys say the fact that police didn't electronically record statements Hayes made, violates his due process rights in a death penalty case. They want to keep the jury from hearing those statements when Hayes' trial begins Sept. 13.
Prosecutors say there is no legal basis to support the defense attorneys' claims.