NEW HAVEN, Conn. (CBSNewYork/AP) — A Connecticut judge has rejected a move to dismiss charges against the second defendant in the deadly 2007 Cheshire home invasion case.

Attorneys for Joshua Komisarjevsky argued Tuesday that murder charges that could expose him to the death penalty should be dismissed. They say evidence showed that his co-defendant, Steven Hayes, killed Jennifer Hawke Petit and poured the gasoline and lit the fire that led to the smoke inhalation deaths of her two daughters.

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Judge Jon Blue rejected the request, saying there was enough evidence against Komisarjevsky to proceed to trial next month.

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Prosecutors say both men are equally responsible for the crime. Hayes was convicted and sentenced to death in the fall.

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