11/01/2010 MON 18:27 FAX 203 667 6240 NH CRIMINAL DIY State of Connerticnt OrrICE BF PuBLic DereNDER SS sremen coum 280 chuncy Smee iw Havens, GoNereTOMY GB (ads) auaen) racine: (205) 7aenem THOMAS 41. ULLMANN Bumus ourenoen, November 28, 2007 Michael Dearington, States Attomey "State's Attornsy Office New Haven, CT 06510 ‘Dear Mike; As por our first pre-trial discussion with Judge Damiani on November 27, 2007, We want to put in writing our offer in the case of Stato vs Stoven Hayes, CROT-241859. inflammatory jury trial process; 5) a lengiby and protracted: ‘appellate process should the Jury tial resuit in the imposition of a sentence of death. Boos11/01/2010 WON 15:27 FAX 203 867 6240 ‘NIT CRIMINAL DIV Boro sa TEyou, as the prosecuting authority accept this offer, Dr. Petit, the extended Petit family, tho Hawk family end the citizens of Comnecdlout will have the certainty of knowing that our client, Steven Hayes, will nover, under any circumstances, be released from prison during his remaining lifetime. Sincerely youry, ‘Thomas Ullmarth Public Defender Pattlok Culligen Chief of Trial Services TUhay co: Gary Nicholson, SASA Jeremiah Donovan, SED11/01/2010 MON 18:27 FAK 203 967 6240 NH CRIMINAL DIY State vf Comecticut : Gence ar Pustia DEFENDER ) C ‘rami 2 UeLMANh ew Hawn, GONNECTIEUT 85510 “aupetaL piermier oP New MAVEN (sos) eo=6at8 ravanetm (oa) 720-6008 ‘November 17, 2008 ‘Michael Dearington, State's Attorney States Attomey’s Office 235 Chucch Street. ‘New Haven, CT 06510 Dear Mik: “We are writing this letter on behalf of our client, Steven Hayes. ‘Since the fst peo-tril inthis ease with Judge Richard Damiani ond subsequent to that date, we have on various occasions offered to plead guilty on all charges in retura for a sentence of life ‘pithout the possiblity of release in fhe Cheshire case, We now want to make it clear in waiting that we will continue at all times from the present to the future to offar this disposition in Lieu of a juny tral in this death penalty prosecution. : : ‘As you know, the honor and the pain of the suffering by the Petit family wil be painstakingly “Govaited in a trial that encompasses both the guilt and pevelty phases. In order to avoid ro- traumatizing Dr. Petit, the comamnity at large, court staf, and individual jurors, a sentence of 1ife without the possibility of release would serve everyone's interest, While it s questionable that elther of these two defendants covld ever receive a fair trial given the unprecedented media coverage ofthis cise, it will serve no one’s interest to proceed with this trial Uuat will foster a Chrous atmosphere, forther detail he hosror and pain of the incident, fail to provide any closure fora leagthy additional period of time, ifatall, ° “We know that our position and our offéc is no surprise to you and we hope that you will give very seious and walistic consideration to ou offer of sflement. Tt would bein everyone's Jnterest and put olosure on the courtroom aspect of this ease, : ‘Thomas Ullmann, Public Defender Patrick Culligan, Chief of Txial Services Bou11/01/2010 MON 15:28 FAX 203 887 6240 NH CRIMINAL DIV Bore State of Comertiad - OFFICE oF PuaLIe DEFENDER ew Matt, SonneoTICUT 26512 racsipane: om) 7ap-<06a THOMAS 41. ULLMAN ‘Michael Dearington, State's Attemey : eee New: Superior Court, * : Office of tht State's Attomney’ 935 Cluroh Street va New Haven, CT 06510 * Dear Mike: We are writing this letter on bebalf of our client, Stoven Hayes, to once again reiterate Mc. Hlayes” continuing offer to enter guilty pleas to all charges fn exchange fora sentance of life {imprisonment without the possibilty of velease. Me We take this time to delineate the advantages to all by resolying this matter short ofa full ‘blown trial. : . y 1. Itis obvious to all ofus that De. Petit continues to suffer gravely over the ‘victimization of him and bis family. The tel oa only exacerbate and veusen this condition, Horrific crime scene and autopsy photos elong with the description of ‘events will not ease the pain but only deepen its impact. Steven Hayes" plea is designed to avoid such future traumiatization. : 2. Courtroom personnel and jurors, both regular and alternates, will be severely tramnatized by the events that unfolded, by way of graphic photographs of the crime scene and autopsies as well as descriptions of the events as told by exime scene investigators. Steven Hayes" plea is designed to avoid such post traumatic stress disorder for courtroom personnel and the jurors. 3, ‘The public continues to be-bombarded by the focused media attention to this case, unprecedented in nature for the State of Connecticut Whether it be the initial reporting of the incident itself, the Governor's parole edicts, the various i gubcmnatorial and legislative hearings as a consequence.of this incident, three strikes and home invasion legislative efforts, the abolition of th death penalty bill __ along with the Governor’s veto, the Various memorials and fundraising efforts by and on behalf ofthe Petit funily, and most recently the publicity sumounding the‘Michael Dearington Page 2 ‘blication of tue “tme criine” book “Tn the Middle of the Night” eontisues to ‘maintain ongoing front page notoriety, This never ending publicity will ‘undoubtedly increase as the trial begins, and continue for the duration ofthe tial. Steven Hayes” plea is designed to quict this nearly daily assault by the media upon. the publi, . 11/01/2010 MON 18:28 FAX 203 867 6240 NIT CRIMINAL DIV ois "A plea and sentence of life in prison without the possibility of release would provide certainty and finality to Mr. Hayes ease. There would be no lengthy jury ‘rial, estimated now to span the entire year of 2010, There would be no appeals, ‘ko state and federabhebeas corpus petitions, and no additional post conviction " proceedings. ‘ll of these court procedures are estimated to Jast anywhere from ~ five to twenty Years. Daniel Webb was sentenced to death. in 1991 and is still ‘years asvay from execution. Steven Hayes’ plea is desigmed to bring about a final yesolution and conclusion of all court proceedings relative to his involvement in, ‘this incident. e11/01/2010 MON 15:28 FAX 203 867 6240 NY CRIMINAL DIV "Michael Dearington Pago 3 - \. 6. Stoven ifayes is remorseful, suicide, severely dopressed, suffering 24 hours a day, unable to live with the consequences of bis actions. Having attempted suicide on several occasions, the Department of Corections has elways intervened to prevent: hhis suicidal actions, and now has him medicated to such a degree that he is + jnoapable of acting outhis death wish. The irony of this should not be lost on our Lollective consciente.. While the Department of Comection mental health amd correctional staff attempt to protect Mr. Hayes from killing himself, the entire trial provess taking place in court is toward one focused purpose: to.kill Steven Hayes, Stoven Hayes” plea is designed to end such an oxymoron. Te takes bold leadership to counteract public opinion and a vietim’s call for zevenge in the guibe of justice. However, the above factors clearly warrant the decision to aocept Steven ‘ayes” plea of guilt to all charges in return for a lift sentence of imprisonment without the possibility ofrelease, Steven Hayes acceptance of responsibility will avoid the further pain | and trauina for Dr. Petit and his family, will avoid the posttraumatic stress disorder surely to affect court personnel end jurors, will spere the public fiom the daily media saturation of the gruesome ets of this incident , will provide closure and finality to what would otherwise be Jeagthy court proceedings spanning many years, fe and finally will allow Steven Hayes to admit guilt, while ending the incongruity of all the attempts to currently save Lis life, so that in the end, we the staté, can kill him legally. The undeniable reality of the outcome of the prosecution is that Steven Hayes will die in prison, ‘While we have contimously offered this disposition since the onset of the case (first offer around four months after arrest), as this wasteful procedure begins to take om a life of its own ‘it seems au appropriate time for us to ienew this request. We hope that you will endeavor to take it under the serious consideration upon which itis offered. Sincerely yous mas Ullmann, Public Defender Patrick Culligan : Chief of Capt Defense & Thal Sexvioes ‘TUmy cc: Steven Hayes Gary Nicholson, ASA. . ou11/01/2010 MON 18:29 FAX 203 867 6240 NH CRIMINAL DIV fois State of Connecticut GFrice oF Pupusa CereNOER LY aa cuunen amex * we nes comnectioar geste raounaies Goa 7av-eee < THOMAS J, ULLMANN, February 23, 2010, ‘Michael Dearingion, Sigte’s Attorney ‘New Haven Superior: ‘Court: . Office of the State’s Attomey” 235 Clanrch Street ‘New Haven, CT.06510° ~ ‘Dear Mikes. . Based upon rcen! event, ic re upting this eter (Ge to ato December 2009) on Delialf of our olicnt, Steven Hayes, to once again reiterate Mr. Hayes” continuing offer to enter gaily pleas tall hres in xchange or a seieoe of ie mpesonment wit te possibility ofrelease, ‘We take this time to nai he advantages to tly resolving this mater sho ofa fall blown tial. ¢ ‘kis obvious to all of us that Dr. Petit continues to suffer gravely over the | ‘victimization of himself and his family. The trial can oaly exacerbate and worsen : _ this condition. Horrific crime scene and autopsy photos aloug with the description, +‘ of events will not ease the pain but only deepen its impact. Steven Hayes” plea will prevent such fue raumatizatin, pein and suffering. ‘i : | edt 2. Couitroom personnel and jurors, both regular and alternates, will also be severely - ‘raumatized by the courtroom events that will unfold, by way of graphic photographs of the cclme scene and autopsies, as well as desctiptions of the events, as told by crime scone investigators. ‘The first to woeks of jury selection have given a glimpse of the trauma jurors will suffer in the case. Several venirepersons have broken down on the stand just thinking about the case, Juror #4 could barely maintain her composure upon learaing that she had been selected and was in toars by the time she left the courtroom. How many additional persons must be : ‘victimized during the process of the state’s atfemnpt,fo execute Mr. Hayes? Steven Hayes” plea will prevent such post trumatio atess disorder for courtroom _ personnel and he juzors. ‘ : . 3 The pub comes oe Bontarded bythe forse tants oi ase, aa unprecedented in nature for the State of Connecticut. Whether it bo the initial11/01/2010 MON 15:28 FAX 203 967 0240 NU CRIMINAL DIV Michael Dearingiox Pebruary 23, 2010 Page? | “zeporting of the incident itself, the Governor's parole edicts, the various ‘gubernatorial and legislative hearings as a consequence of this incident, three strikes and horne invasion legislative efforts, the abolition of the desth penalty bill _ alotig with the Governor's veto, the various memorials and fundraising efforts by and on bebalf of the Petit family, and most recently the publicity surrounding the “publication of the “true crime” book “Tn the Middle af the Night”, this death : penalty prosecution continues to maintain ongoing front page notoriety. Since the onset of jury selection, there has been the contincous coverage of the jury selection ~ process, Steven Hayes’ attempted suicide, and the personal threat to counsel and bis family by a fusteated member of the public. This never ending publicity will ‘undoubtedly increase as the trial begins, and will continue for'the duration of the ‘trial, Steven Hayes’ plea will quiet this nearly daily assiult by the media upon the 4, 4 plea and sentence of life in prison without the possibility ofrelease would - provide certainty and finality to Mr. Hayes’ case. There would be no lengthy jury * trial, estimated now to span the entice year of 2010. There would be no appeals, no state and federal habeas corpus petitions, and no additional post conviction. proceedings. All of these court procedores are estimated to last anywhere from five to twenty years: Daniel Webb was sentenced to death in 1991 and is still "years away from execytion, Steven Hayes" plea will bring about a final resolution ‘and conclusion of all court proceedings relative to his involvement in this incident. ore11/01/2010 MON 18:29 FAX 203 867 6240 NH CRIMINAL DIY Michael Deazington Februnty 23, 2010 Page3 6.-'We wrote the following paragrepl on December 7, 2009; “Steven Hayes is remorseful, suicidal, severely depressed, suffeting 4 hours a . day, unable to live with the consequences of his actions. Having aftemptod. suicide on several occasions, the Department of Correction has always intervened to provent his suicidal actions, and now has him medioated to such, ” “a degree that he is incapable of acting out his death wish. The irony ofthis should not be lost om our collective conscience. While the Department of Correction’s mental health and correctional staff sitempt tp protect Mr, Hayes from killing hitnsels, the eatie trial process taking place in court istowerd one. focused purpose: to Kill Steven Hayes. Steven Hayes’ plea is designed to end such i oxymoton” : On Sunday, Jamary 31, 2010, Steven Hayés was found unresponsive in his cell at the Walker Reception Center, special managemont vnit, His attempted suicide by hoarding prescribed medication almost succeeded. In response to this, the Department of Comrection mental health treatment approach to dealing with Mr. “Hayes is seemingly to punish him, thereby ensuring that suicidal ideation is a dominant part of his thought process. It is apparent to the defease team that chould ‘he be sentenced to the death penalty, he will never reach an execution date. We can see him dying in the courtroom before our very eyes; bota physicelly and mentally. Why the state would continue with this process is beyond our understanding, : ne z ae It takes bold leadership to counteract public opinion andl 2 victim's call for verigeaitce in the guise of justice. However, the above fictors clearly warrant the decision to accept Stoven, Hayes’ plea of guilt to all charges in return for life sentence of imprisonment without the possibility of release. Steven Hayes” acceptance of responsibility will avoid the further pain and trauma for Dr. Petit and his family, will avoid the posttraumatic stress disorder surely to affect court personnel and jurors, will spare the public fiom the daily media saturation of the grussome facts of this incident, will provide closure and finality to what wonld otherwise be lengthy court proceedings spanning many years, ~ and finally will alow ~ Steven Hayes to admit guilt, while ending the incongruity of all the attempts to curently save" four11/01/2010 MON 15:30 FAX 203 867 6240 NH CRIMINAL DIV Michael Déarington Fobruary'23, 2010. Page4 . Lis life, so that in the end, we the state, can Kill him legally. The undeniable reality of the ‘outcomie of the prosecution is that Steven Hayes will die in prison. Continuing the pursuit of achieving a death sentence is irrational and counterproductive to the interests of justice ‘While we have continnously offered this disposition since the onset of the case (Lirst offer around four months after arrest), 2s this wasteful procedure hes noW taken on a unique life of its own, it seems an appropriate time for us to renew this zequest. Mar. Hayes has lost abolit 85 Tbs. and appears Yacant and emotionless in the courtroom. He is on the precipice of a total * meatal and emotiénal breakdown. A psychotic break with reality can aud should be anticipated. ‘Webs fiat yon wil eadeararta kn ex equst mide sins conirao : for all of the.reasons upon which it is offered. TUhnv ce: Steven Hayes Gary Nicholson, ASA ois