346 photos. 9,176 deaths. 90 percent of a fingerprint.
Those numbers and many others were offered up in testimony Wednesday in Courtroom 6A in New Haven Superior Court, where a trial resumed for defendant Steven Hayes in the 2007 murders of Jennifer Hawke-Petit and her daughters Michaela and Hayley in Cheshire. Following an early adjournment Thursday and a delay of two days this week, due to two separate health concerns of the defendant and the judge, the trial was back on track for day five of questions and answers and a good deal of numbers:
- 346 photos were reviewed by Forensic Scientist, John Brunetti, to identify consistencies in objects and tie them to the Petit crime scene.
— 9,175 is the number of deaths investigated by the Connecticut Chief Medical Examiner’s Office as of July 23, 2007 for that year — Michaela was number 9,176.
— 90 percent of a fingerprint is water and the remainder is oils and salts. It can evaporate quickly and is harder to find at crime scenes than TV shows suggest.
— (860) 866‑7724 and (203) 815‑6784 were the cell phone numbers of Hayes and his co-defendant, Joshua Komisarjevsky.
— 11 signifies how many members of the Petit family left the courtroom Wednesday afternoon before grim testimony was given by the State’s coroner.
They say numbers don’t lie, but we hear a good deal about how they can distract or mislead. In this case, the dry, unyielding numbers that are tossed back and forth between the prosecution and the defense serve to animate the testimony and imbue unfathomable events with a sense of direction and, if not comprehension as to why these things happened, then at least as to how they happened.
State police Sgt. Karen Gabianelli continued her testimony from last week meticulously explaining where each piece of evidence that her team collected fit into the events of July 23, 2007. She identified clothing, including two sets of boots (size 8 and 8 1/2) worn by the defendants when they were arrested. Also, she testified about two cell phones belonging to them that were searched for voicemail, text messages, and pictures (she indicated that Komisarjevsky’s contained 4 pictures of Michaela), as well as incoming and outgoing calls. A baseball cap belonging to Hayley Petit was worn by Steven Hayes at the time of his arrest, she also testified.
The defense was interested in numbers, too, in its cross-examination of Gabianelli.
Is it unusual, defense Attorney Patrick Culligan asked, to list 172 items of evidence in her narrative of the totality of crimes, that was 38 pages long, but not to present many of those items to the jury? Also, since three series of numbers are involved here in marking evidence — the numbered stanchions placed near items by the Major Crime Squad at the scene, the State’s own numbers, and the court’s exhibit numbers — is that a lot to contend with, wondered Culligan, particularly when items are seized and transferred from one member to another with notations and markings added along the way?
Numbers that are too unwieldy or confusing, the defense seems to be suggesting, can lead to mistakes.
Culligan also questioned Gabianelli about a bag of 100 8‑inch zip ties found in a van owned by Komisarjevsky’s mother, and 21 cable ties found in his parents’ kitchen drawer where he was living.
Here lay more hints of the defense to come, illustrated with numbers — that Komisarjevsky planned and orchestrated the entire crime. Lastly, there were questions from both sides about two missing cans of beer from a six-pack in the basement refrigerator — could Culligan be raising intoxication as a mitigating circumstance with regard to punishment? We’ll see if the numbers add up.
State police Detective Anthony Buglione, who interviewed Steven Hayes on the day of the crimes, testified next. He explained how the questioning of Hayes began at 1:10 p.m. at an 8 X 10 table and lasted 70 minutes. Hayes signed a Notice and Waiver of Miranda Rights and in an “emotionless, flat” manner told Buglione about his 18-month friendship with Komisarjevsky — culminating in a phone call to him the day before the murders where he told Komisarjevsky that his “life sucked” and he was desperate for money. With a plan that “Josh” allegedly hatched to break into the house, tie the people up, get the money and get out as fast as they could, Hayes allegedly spent $40 on a BB-type gun at Walmart to “scare the people.” According to Buglione’s notes, Hayes said he watched Komisarjevsky beat Petit 4 or 5 times, then helped tie Jennifer, Hayley, and Michaela to their beds, and then ransacked the house. When Hayes and Komisarjevsky discovered a Bank of America bank book showing as much as $30,000 in an account, according to the statement given to Buglione, they decided to stay longer and pay a visit to the bank when it opened at 9 a.m.
Defense Attorney Thomas Ullmann’s cross examination of Buglione took a further step toward trying to prove there were mitigating circumstances. Didn’t Hayes indicate that he spent July 22, 2007, the day before the crimes, drinking beer? Yes, said Buglione. You didn’t take urine samples of Hayes — doesn’t urine indicate drugs or alcohol in the system? Yes, said Buglione; In fact, the first time anyone takes a blood sample of Hayes is around 12 a.m. at UConn Medical Center, correct? Yes, said Buglione.
Ullmann continued this line of questioning regarding the lack of a urine sample and the long delay to take blood from Hayes while questioning the state’s director of toxicology, Dr. Robert Bowers. Where numbers can illuminate events, the lack of them can obscure them as well.
The last witness to testify on Monday, and who will continue on Tuesday morning, was Dr. Harold Carver. As the state’s chief medical examiner, Carver supervised all three autopsies of the victims. He performed the autopsy of Michaela personally, and determined smoke inhalation as the cause of her death. His numbers were startling. Carbon monoxide, which travels along in smoke, poisons red blood cells and causes various degrees of terrible symptoms. According to Carver, a level of 10 percent of carbon monoxide in blood causes headaches; 20 percent will create symptoms of nausea; and 30 percent and over will begin shutting down the nervous system, causing diminished consciousness, unconsciousness, and death. Seventy-six percent of Michaela’s oxygen carrying capacity of blood was filled with carbon monoxide, explained Carver.
While numbers help to make sense to much of the brutal, seemingly senseless evidence the jury has seen over the course of the trial, there are undoubtedly many more numbers to come that may enlighten or confuse the jury. Perhaps the use of these figures will raise some doubt in the jurors minds as to Hayes’ culpability of certain acts and will spare his life, as the defense hopes. Or maybe they’ll serve to seal Hayes’ ultimate fate, which the prosecution is counting on.
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