A defense attorney trying to persuade a jury to spare Joshua Komisarjevsky from the death penalty for killing a mom and her two daughters in a 2007 home invasion said their client was sexually abused for years as a child but his ultra-religious family failed to get him proper help.
During opening arguments during the penalty phase of the trial on Tuesday, defense attorney Jeremiah Donovan said Komisarjevsky's adopted parents increasingly isolated him through home-schooling and joining a church that had cult-like practices.
They claimed he started acting out by sneaking through the woods and stealing women’s panties. Later, he burned down an abandoned gas station.
Donovan said the family failed to get him counseling and medications, and as he got older, he began to abuse drugs and commit nighttime home burglaries.
Authorities also had the opportunity to help when Komisarjevsky was sent to a psychological hospital when he was depressed and suicidal, Donovan said.
Komisarjevsky was convicted Oct. 13 of capital felony killing, kidnapping, arson and sexual assault.
Steven Hayes, his accomplice, is now on death row and Komisarjevsky faces life in prison or the death penalty.
Local
If the defense proves that mitigating factors outweigh the aggravating factors, then Komisarjevsky will get life in prison without the possibility of parole.
In court on Tuesday, defense attorneys filed a motion to strike come of the aggravating factors, claiming that Hayley and Michaela died of smoke inhalation, which was not a heinous and cruel crime.
Judge Jon Blue denied the motion and said the jury will decide if the crime is heinous. The jurors will be back in court on Wednesday.
