Judge denies mistrial in Conn. home invasion trial

By JOHN CHRISTOFFERSEN | September 22, 2011 | 10:45 AM EDT

NEW HAVEN, Conn. (AP) — A judge has denied a move by an attorney for a mistrial in the case of Connecticut man accused of murder in a brutal home invasion.

Jeremiah Donovan, attorney for Joshua Komisarjevsky (koh-mih-sar-JEV'-skee), asked for a mistrial after New Haven Superior Court Judge Jon Blue said Wednesday he would stop the playing of Komisarjevsky's recorded confession because a juror was having a tough time.

Donovan says Blue should not have made the comment in front of other jurors. Blue says it was appropriate and he chose his words carefully.

Authorities say Komisarjevsky and Steven Hayes broke into the house in Cheshire in 2007, beat Dr. William Petit with a bat and tied him and his wife and two daughters up.

Hayes was convicted last year of strangling Jennifer Hawke-Petit and killing the girls.