(NEW HAVEN, CT) -- The third week of testimony in the penalty phase of the trial of convicted murderer Steven Hayes began with twist. Judge Jon Blue revealed to the courtroom this morning that the sole remaining alternate juror, a female, attempted to pass a note to one of the court marshals Friday that read: "Sunday 5pm. Side Street Grill. Can we?"
The note was apparently intended to elicit a romantic affair. The judge called it a matter of "spectacular" and "poor" judgment and further said it was a "goddamn dumb thing to do," all the more so because several alternate jurors had already been dismissed -- leaving an extremely thin jury pool.
If there were any issues with one of the sitting jurors, Blue said Monday, the entire trial could have been thrown into question.
Hayes was convicted last month on 16 felony counts for his role in the July 2007 Cheshire, CT, home invasion that left Jennifer Hawke-Petit and her two daughters, Hayley, 17, and Michaela, 11, dead.
The embarrassed juror was questioned in open court about the note and flushed red, hiding her head in her hands.
"I have embarrassed myself," she said.
Blue eventually ruled that she should not be dismissed as an alternate juror, because the situation "did not affect her impartiality" and they needed her on the panel.
Monday, the jury was read a letter from Hayes to his only son, Steven Jr., dated 2005 in which the elder Hayes admitted to being a drug addict and apologized for being a bad father.
"So you see bad drugs and my using cost me everything," wrote. "It is cunning, baffling and powerful."
Hayes ended his letter, "Steven, I love you and hope to one day have the chance to make it up to you."
Though prosecutors have pushed hard for the death penalty, Hayes' defense team has called a string of witnesses over two weeks in an attempt to bolster their claim that Hayes was merely a klutzy burglar who followed the whim of co-defendant Joshua Komisarjevsky.
Komisarjevsky, 30, is scheduled to stand trial early next year.
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