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.

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.

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.

RELATED: 911 Calls, Video Released In Cheshire Home Invasion

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Comments (3)
  1. lorjon says:

    Death by injection is not the right thing to do for this guy. He should be tied to a bed with a pillow cover over his head, have gasoline poured over him and burned alive.

    That’s what he did to an 11-year-old little girl.

  2. Glenn says:

    Why do lawyers who are defending clearly guilty individuals always make motion after motion trying to take the spotlight off their clients guilt? Use your legal expertise, if you have any, to try and get life imprisonment instead of the death penalty. I personally think he should fry.

  3. Larry Schwarz says:

    Do they think another Judge will go easier on him.Give the defense another judge,this guy will fry either way.

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