NEW HAVEN, Conn. (AP/CBSNewYork) — A hearing has been scheduled on a request by a Connecticut man charged with a deadly home invasion to disqualify the judge.

Attorneys for Joshua Komisarjevsky are seeking to have New Haven Superior Court Judge Jon Blue removed from his trial. Another judge will consider the request Tuesday.

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Authorities say Komisarjevsky and Steven Hayes killed Jennifer Hawke-Petit and her daughters, 11-year-old Michaela and 17-year-old Hayley, in their Cheshire home in 2007. The girls’ father, Dr. William Petit, was beaten but survived.

Hayes was convicted and sentenced to death in November. Jury selection for Komisarjevsky’s trial is set to start March 14.

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Komisarjevsky’s attorneys argue Blue repeatedly made gratuitous comments while presiding over Hayes’ trial.

Prosecutors say the request should be denied, arguing Blue’s comments were fair.

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