Superior Court Judge Jon C. Blue leaves court during lunch break during the first day of the penalty phase of the trial of 47-year-old Steven Hayes in New Haven, Conn., on Monday, Oct. 18, 2010.
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Updated: Monday, 01 Nov 2010, 1:16 PM EDT
Published : Monday, 01 Nov 2010, 11:35 AM EDT
NEW HAVEN, Conn. (AP) - A Connecticut judge has rejected a defense motion to dismiss the last alternate juror in a deadly home invasion trial after she showed romantic interest in a court worker.
The judge said Monday that a "middle school note" the juror attempted to pass to a court security officer Friday was "spectacularly poor judgment" but did not affect her impartiality. A clerk intercepted the note.
A defense lawyer called the note "disturbing." Prosecutors opposed the motion, saying the juror has been paying attention.
Steven Hayes was convicted of killing a Cheshire woman and her two daughters in a home invasion in 2007. The jury is weighing whether he should be put to death or receive a life sentence.
The judge dismissed a juror Friday who was overheard making a derogatory comment to another juror.
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