Day 1: Opening testimony in Hayes' trial

New Haven, Conn. (WTNH) - Tearful testimony began as the case against Cheshire home invasion suspect Steven Hayes finally got started after a painful three-year wait for the Petit and Hawke families.

Two bank employees, a nurse, a neighbor and a police officer took the stand today as the prosecution presented its case, more than three years after the crime that took the lives of three members of the Petit family.

The day began with three jurors being excused. Sharon Simmons said she didn't think she could deal with the graphic evidence likely to be presented in the case.

"I think you probably would have had to see what was going on, you know, the bodies, all of that. I think it would've been too much," Simmons told reporters outside of court.

The jury panel now consists of six men and six women, along with four alternates. They were told they could take notes during the trial, but that they could not discuss the case with each other. They were also advised to avoid Twitter, Facebook and any form of news.

Hayes, described as very thin and wearing an olive colored striped shirt, could not seem to sit still and was swaying back and forth in his chair, according to a News 8 reporter in the courtroom.

After the charges were read, the judge excused the jury to hear a motion filed by the attorney for Joshua Komisarjevsky, the second suspect in the case. The attorney says Dr. William Petit should be kept out of the courtroom because he would be a witness in Komisarjevsky's trial. Prosecutors said Petit is also a victim and has a right to be in court. Judge Blue denied the motion, saying Dr. Petit's presence at the Hayes trial has nothing to do with Komisarjevsky's trial.

Opening arguments began with Hayes' defense telling the jurors that they will concede to many facts in this case; they say Hayes sexually assaulted and strangled Mrs. Petit, but they blamed other elements of the crime involving her daughters on Komisarjevsky.

The first witness to take the stand, around 11:30am, was a nurse at Dr. Petit's office. She says she received a call from Jennifer Hawke-Petit the morning of the attack and was told that Dr. Petit was not feeling well and would not be coming into the office.

The second witness called was a teller from Bank of America. The prosecution says that Hayes drove Mrs. Petit to the bank and forced her to withdraw $15,000.  The teller said on the stand that Mrs. Petit told her that she and her family were being held hostage at their home.  Mrs. Petit was able to withdraw the money around 9:17am.

The bank manager took the stand next. Mary Lyons began to cry as she recounted Mrs. Petit showing her pictures in her wallet of her daughters, Michaela and Haley, pleading for help. "She seemed very brave," Lyons said of Mrs. Petit.

When court resumed after lunch, Lyons' 911 call was played for the jury. She testified that she called police before Mrs. Petit left the bank.

The fourth person to take the stand for the prosecution was Petit's longtime neighbor, David Simcik. Simcik says he walked his dog and got his newspaper and had no idea what was going on inside the Petit house until his wife heard someone calling his name outside. He told the jury that he opened his garage door and found Dr. Petit lying in the driveway, beaten and bruised beyond recognition.

"Dave, Dave call 911," Dr. Petit told Simcik.

Simcik's 911 call was also played for the jury.

A police officer who was first on the scene also choked up during his testimony. Ofc. Thomas Wright says he was ordered to park his cruiser away from the scene and went through the woods to the Petit home. He says he found Dr. Petit bleeding badly outside the home before he entered, which by now was on fire. When he first entered the home, Ofc. Wright said he was overcome by smoke and flames and had to back out.  

Court adjourned for the day shortly before 3:30pm. Dr. Petit could take the stand Tuesday.

Hanna Chapman, sister of Dr. William Petit, read a family statement from the courthouse steps:

"After waiting more than three years, the Petit and Hawke families are ready for this process to finally begin and are hopeful, in the end, that justice will prevail."

There are no cameras allowed in the courtroom, but News 8 will be tweeting from inside, so follow @ News8Now for trial non-stop coverage.