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NO. CR07-241859
SUPERlOR COURT
STATE OF CONNECTICUT
JUDICIAL DISTRICT
v.
OF NEW HAVEN
STEVEN HAYES
SEPTEMBER 301 2009
MOTION FOR SUPPLEMENTAL DISCOVERY
Pursuant to Conn. Practice Book §40-2 and to his state and federal constitutional rights to a fair and impaltial jury, the defendanL respectfully requests any lInd all infonnation regarding interviews and all communications and correspondence that took
place between co-defendant Joshua Komisarjevsky and author Brian McDonald. In support (If such request the defense asserts the following: On September 29,2009, a book was released entitled ÂŤIn the Middle ofthe Night" by author Brian McDonald and published by St. Martins Press. Such publication purports to derive from interviews, phone conversations and mailings that took place ;
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between co-defendants Komisarjevsky and author McDonald. Chap. -36 pages 223-230; McDonald interview with Mark Davis Ch. 8 (author defen$ book on Cheshire murders). All these communications apparently took place while Komisarjevsky was incarcerated at
the maximum security facility MacDougal Correctional Institution. This publication is a fictionalized account masquerading as a bona fide version of the Cheshire tragedies. In reality it is a scandalous, scurrilous, salacious piece ofjournalistic trash that offends any
notion of compassion and empathy for the victim and his family, and has the overwhelmingly probability of irrevocably affecting the defendant Hayes' ability to
receive a fair and impartial trial. The defendant seeks the foUowing information:
Judfctal CIsIrfct of N_ . SUPEftlOR CO
FILED