A jury decided Joshua Komisarjevsky should be sentenced to death on Dec. 9, 2011. This photo was provided by the Dept. of Correction on March 16, 2011

A jury decided Dec. 9, 2011 that Joshua Komisarjevsky should be sentenced to death for the Cheshire home invasion murders. This photo was provided by the Dept. of Correction on March 16, 2011.

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Hearing set on home invasion retrial request

Updated: Monday, 16 Jan 2012, 9:10 AM EST
Published : Monday, 16 Jan 2012, 9:10 AM EST

NEW HAVEN, Conn. (AP) - A hearing will be held Wednesday on convicted murderer Joshua Komisarjevsky's request for a new trial in the home invasion killings of a Connecticut woman and her two daughters.

Komisarjevsky joined co-defendant Steven Hayes on death row last month for the 2007 killings of Jennifer Hawke-Petit and her daughters in their Cheshire home.

He's arguing the proceedings should have been moved to another courthouse because of the case's notoriety in greater New Haven.

Komisarjevsky says he was denied his constitutional right to a fair and impartial jury because a judge denied his request for a change of venue. His lawyers cite the publicity and what he called the "emotional effect of a clearly visible Petit posse" at the trial advocating capital punishment.

A prosecutor declined comment.

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