The motion filed in Superior Court in New Haven says Komisarjevsky should be allowed a new trial because he was not granted a probable cause hearing despite repeated requests for the constitutionally mandated hearing.
Komisarjevsky had waived his right to the hearing after initial charges were filed. He requested the probable cause hearing when those charges were amended and when new charges were added, the motion states.
Other reasons noted in the motion include the "highly publicized advocacy of the victims, the configuration of the courtroom, and the emotional effect of a clearly visible Petit posse silently but powerfully advocating that the defendant be put to death."
Steven Hayes was convicted in November 2010 of raping and killing Hawke-Petit and killing the daughters. He was sent to death row the following month.
This fall, a separate Superior Court jury convicted Komisarjevsky of raping and killing Michaela and killing her sister and mother. The jury also decided in December that he should be sentenced to death.