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Home invasion suspect to stand trial?

Competency test will determine if trial will go on

Updated: Wednesday, 17 Mar 2010, 9:51 PM EDT
Published : Wednesday, 17 Mar 2010, 6:32 PM EDT

New Haven, Conn. (WTNH) - Jury selection will be on hold until at least April and that's when a judge will determine if Cheshire home invasion suspect Steven Hayes is capable of continuing with a trial and his own defense.

Lawyers for Hayes say their client hasn't been "involved" in jury selection so they want a hearing to determine if he is competent to stand trial for the Cheshire home invasion killings of Jennifer Hawke-Petit and daughters Hayley and Michaela.

Sole Survivor of the attack, Dr. William Petit, was in court but responded off camera calling it quote:

"Just another delay tactic; I assume a considerable cost to taxpayers."

This move for a competency hearing comes just a week after a prison psychiatrist testified she saw no issue with Hayes once again taking part in jury selection. His suicide attempt in January, by overdosing on pills, halted the process for six weeks.

Despite clearance to return, his lawyers claim Hayes would rather stay in his cell than come to court, has developed muscle twitches and doesn't take part in the process.

He and co-defendant Joshua Komisarjevsky both face the possibility of the death penalty if convicted of the murders.

This focus on Hayes' competency is frustrating to family who worry about Dr Petit's well being. His in-law said, "It seems to be all about him (Hayes). No one cares about Bill's frustration level."

So if Hayes is declared competent, jury selection would resume April 6th. So far a half dozen people have already been picked for the jury; the trial is supposed to start in September.

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