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Komisarjevsky Defense Uses Up More Peremptory Challenges

The second Cheshire home invasion defendant's lawyers have now used 36 of their 40 challenges.

Joshua Komisarjevsky’s defense lawyers used two more peremptory challenges on Tuesday, bringing them within four challenges of their maximum limit.

No jurors were selected however, during the jury selection session.

A source knowledgeable about jury selection for the Komisarjevsky trial in New Haven Superior Court said the defense has now used 36 peremptory challenges.

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Prosecutors also used a challenge during jury selection raising their total to 32.

Each side has a total of 40 peremptory challenges, which may be used to excuse a juror without stating a reason. Usually, the reason is the lawyers believe the juror would side against them during jury deliberations.

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Komisarjevsky is the second Cheshire home invasion defendant. Steven Hayes, his co-defendant, was convicted last year and is on death row. Komisarjevsky also faces the death penalty for the triple homicide of Jennifer Hawke-Petit and her two daughters in 2007.

His defense lawyers have argued in court that intense media coverage and strong public opinion against Komisarjevsky could provoke some prospective jurors to lie in court to appear impartial so they could get on the jury and make sure he gets a death sentence.

Once they use up all their peremptory challenges the defense team will not be able to avoid such a scenario this unless the judge excuses those jurors for cause.

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