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PSYCHIATRIC REPORT

EXAl\1INEE:

DATE OF l3.IRTl:I:

DATE OF REPORT:

STEVEN HAYES ·M9.Y 30,1963 September 20, 2010

PURPOSE OF EVALUATION;

Patrick .1. Culligan, Esq. and Thomas Ullmann, Esq., Attorneys with the Capital Defense and Trial Services Unit, State of Connecticut, Division of Public Defender Services, Office of Chief Public Defender representing Sleven Hayes requested. that 1 conduct a comprehensive psychiatric assessment of their client Steven. Hayes is charged with capital crimes in. th~ State of Connecticut soch that if found guilty at trial. at the sentencing phase he could be subject to the death penalty -: Steven Hayes is before the court in the State of Connecticut on docket CR07-241859 charged "With 3 counts of Murder, 6 counts of Capital Felony, 4 counts of Kidnapping 0ib. the First Degree, Sexual Assault in the First Degree, Burglary in ~he Third Degree, Arson in the First Degree; and Assault in the First Degree. These 17 charges stem from an incident which occurred an 7/2!J12007 when it 1S alleged that Mr. Hayes and an accomplice entered the home ofDr, Witliam Petit. assaulted and bound members of the Petit family, ford:bly brought Mrs, Pellt to her local bank to rnakea larg~ withdrawal, stole money and jewelry, sexually assaulted and caused the death of

members <If the Petit fumily, and doused. the hotlSe with gasoline and set it on .fire., .

(~ DEFENDANTJi~lU '11(5 EXHIBITta"- I

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PSYCHIATRIC OPlNION:

° It is my opinion, to a reasonable degree of psychiatric certainty that Steven Hayes meets.

DS1\.1 rv~ TR diagnostic criteria for Adjustment Disorder with Mixed Anxiety and Depressed Mood, Alcohol and Crack Cocaine Dependence, Fetishism, and Antisocial personality Disorder. Steven. Bayes has a long history of criminal behavior <¥liIlg bl;it;:k Lo his adolescent years. ° His past criminal behavior in part served to support his addiction and

° fetishism, He bas ito prior histQ1Y of arrests for serious physical or sexual assault, or a crime which resulted in the killing of someone. He has: not previously been arrested for a home irrvasion crime,

Steven Hayes had relapsed into crack cocaine and alcohol dependence at the time of the home invasion crime of the Petit family. It was inthis context that Steven Hayes agreed to participate in July 23, 2007 crime. He had followed Joshua Komisarjevsky's directions during the commission of the home tnvasion crime. At the time he killed and, 'sexually assaulted Jennifer Hawke-Petit he had lost control over .his emotions and rational. thought. Be experienced feelings of betrayal and rage. When he poured gasoline throughout the Petit hom.e he had been led to belJeve the Petit children had previously been killed by

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Joshua Komisarjevsky. Following his arrest. Steven Hayes has consistently expressed his desire to avoid a trial,'Y'vwch he believes would only produce unnecessary pain and suffering for Dr. Petit, the Petit family and his Q'l.VD. family.

SOURCES OF Thl]'ORlVlATION:

• Interview with Steven Hayes at the Northern. Correctional Institute OD. 4116.12008 for approximately five hours. . .

• Interview with Steven Hayes at the N orthern Correctional Institute on 5/21/2008. for approximately 4.0 hours.

• Interview With Steven Hayes at the Garner Correctional Institute on 1114/2009 for approximately 4.0 hours.

• Interview with Steven Bayes at the' Gamer Correctional Institute on 211 1/2009 for approximately 4.0 hours.

• Interview with Steven Hayes at the Gainer Correctional Institute on 3[0412009 for approximately 5.0 hours.

• Interview with Steven Bayes at the Garner Correctional Institute on 3/11/2009 for approximately 5.0 hours,

• Interview with Steven Hayes at the MacDougall-Walker Correctional Institute on 1130/2010 for approximately 4.0 hours.

• Interview'With.8teven Hayes at the Maclrougall- Waiker Correctional Institute on

2113/2010 for approximately ,3,0 hours, .

• Interview withSteven Hayes at the Special HOWling Unit, Maefrougall- Walker

Correctional instituteon4fl1!2010 for approximately 3.0 hours.

• Review of 7123/07 four-page Police Narrative Report, of Detective Anthony Buglione, ~ Review of 1/22/2008 & 12110/2008 Psychiatric Reports of Justin O. Schechter. M.D.

• Review of February of2:0081etter written by Steven Hayes to Jennie J. Albert, MSW, Mitigation Specialist, Capital Defense and Trial Services Unit, Office. of Chief Public Defender.

• Review of letters written by Steven Hayes to "Bryan, mom, Steven, and Alida, and

Rosalie."

• Review-of 12/2812007 Connecticut 'State Police Crime Investigation Report.

• Review of7f23/2007 three-page hand written statement of Steven Hayes.

• Review of transcript of audio tape 7f23/2007statemeI.1t of Joshua K.omisarjevsky.

• Review of 1112412.003 Department of Corrections Addiction Services Unit-Client Intake.

• Review of Special 'Education Records-Pupil Record Card, Bristol, Connecticut Public SchooL

• 'Review of medical records Catholic Charities? Catholic Family Services, referral from Department of Correction, and progress: notes, 5/18/2000-10/ I 6(20011

Hayes, Steve}"! Page3of27 .

• Review of medical records Correctional Health Services I Department of Connecticut, both medical and mental health records.

• Review of I 1118/20G7 employment letter from Christiane Gehami, chef\owner Arugula

Restaurant.

• Review of Sepherion employment records.

• Review of records of Southington Public Schools.

• Review of State of Connecticut, Department of Educationreccrds and State of

Connecticut Correctional records of Steven Hayes.

• Review of Department of Correction Master File, records regarding capital felony case.

• Review of employment records of Steven Hayes. Jiffy Lube.

- Review of medical records of state of Connecticut Department of Corrections Addiction Services ..

• Review of medical records, John Dempsey Hospital, University of Connecticut Health

Center. .

• Review of CD "With photographs taken by the Connecticut State Police depicting personal items of Mr.Hayes that Were ceased from the residence he shared with his mother and brother prior-to his arrest.

• R-eview oiCD audio statement of Joshua Komisarjevsky.

• Review of Psychosocial Evaluation report, dated 3/30/2009 by Miriam Berkman, JD, LCSW.

• Interviews with Steven Hayes' mother Diane Hayes, brother, Mathew Hayes, and acquaintance and former employer, Phil Theeb, and mother of his children, Rosalie Bessette on 4/15/2009 for approximately 5.0 hours.

• Review of 611 7/2009 notes of interview with Steven Hayes by Suzanne Andreyev, Mitigation Specialist.

• Review of the current medical-mental health records of Steven Hayes, Connecticut Department of Correction, 4/01/2009 through 2128/2010.

• Review of Monon in Opposition to Defendant's Request to Plead Guilty to All Charges Request for Evidentiary and Hearing Continuance,

• Review of 3/31120 10 Competency Report, New Haven Office of Court Evaluations,

Mark Simoniellos, LCSW. Fred Storey, Ph.D., and Paul Amble, M.D.

• Review of7i2512Q07 witness statement of Brian Hayes.

• Review of7/23/2007 statement of Detective Anthony Buglione.

• Review of7J14/2008 statement of Correction Officer Jeremiah C. Krob,

• Review of State of Connecticut Criminal Arrest History Sheet

• Review of7/25l2007 and 712612007 Witness Statements of Diane Hayes.

• Review ofllJ1912007 Witness Statement of'Maria Ortega.

• Review of 1127/2007 typed Written Statement of Mathew Hayes.

• Review of 9/19/2007 Witness Statement ofMathew Hayes,

• Review of 7i26/2001 and 10/1212007 Witness Statements of'Rosalie A. Bessette.

Hayes, Steven Page 4 of27

• Review of 7/27/2007 Witness Statement of Sandra L. Moses.

a Review of 8114/2007 Cheshire Police Department Incident Report by

Officer Joseph R. Vitello.

• Review of Joshua Komismjevsky's Mead Composition Book Prison Diary.

• Review of 7/20(10 Letter from Carl R. Gold ..

• . Review of 911 0/201 Q Psychological Report of David Lisak, ph.D.

• Review of medical records, Mt. Sinai Hospital, Cl\.PS Program" date of admission, 8/27/1979.

CONFmENTIALITY~

Steven Hayes was informed that the purpose of the interviews was to provide a psychiatric evaluation to his attorney and the court Mr. Hayes indicated an understanding that information about our meetings was therefore not confidential to that extent.

CIDLDHOOD RISTORY~

Steven Hayes reports that he was born on the Air Force Base in Homestead, Florida His father at that time was in theservice, Steven is the oldest of three childrenborn to Diane and Inn Hayes. Steven Hayes bam On 5/3011963 is currently is 47 years old. His brother Matthew, Who lives in Seattle, .is approximately age 45~ and his youngest brother Brian, who lives in Connecticut, is age 40.

Steven Hayes reports fhat he was raised in Connecticut and attended grade school in Torrington, Connecticut. His parents separated when he was approximately 10 years old, Information 'gathered from the reviewed materials, including : medical records and interviews with Diane Hayes, Rosalie Bessette, and Steven Hayes supports the finding of a severely dysfunctional family. It appears that Diane Hayes was depressed; physically abused by her husband as wen as had bouts of alcoholism. Jim Hayes was. physically abusive to his wife as well as Matthew and Steven. The couple's separation appeared to revolve around factors involving DianeHayes wanting. to protect her youngest SO~ Brian, from being physically abused by his.father, Other factors: appear to involve Diane Hayes' alcohol problem and Jim Hayes' extramarital affairs. After the couple separated, Jim Hayes mo.ved to New Jersey with the-ir son Matthew. Diane Hayes remained ill Connecticut With Steven and Brian.

Steven Hayes reports his patents divorced shortly after Brian was born. He believes he was approximately age 14 at the. time. The Mt, Sinai Hospital record documents that Steven Hayes' problems began 'after his parent's separation, Steven Hayes describes oppositional defiant behavior, attention deficit disorder problems as wen as at times feeling bullied by other stu-Gents. He recalls during his early childhood having a positive

Hayes, Steven Page 50f27

relationship with his father. t-re denies that .his father was physically abusive to him, Although, the Mt. Sinai Hospital records dispute those recollections.

Matthew Hayes documents in his 7/30/2007 statement that their father was both physically and emotionally abusive. Matthew describes repeated incidents where he- and Steven were made to go into a room and decide who was going to admit to the wrong doing. Matthew describes in his statement that the one who takes responsibility would get severely beaten, Matthew describes a pattern of Steven lying, avoiding responsibility, and using Matthew as a scapegoat for his mischievous and bad behaviors.

The 1919 "Psychosocial Discharge Summary" contained in the Mt Sinai Hospital record d6c.u:r:u.ent.S~"According to Mrs. Hayes, there has been a good deal of abuse by the father of the boys, but particularly the/ather abused Matthew. She states that at times 1i'e beat him S9 severely that once he broke his leg at One poin: and C( tooth as well. In the past couple of years, 'be punched Steven in 'the face, fioortng him, for corning in five. minutes ·late:. Mother states that he had an explosive temper and a severely punitive approach to

child-rearing. He was seldom home, working and traveling most of the time cmd having affairs. "The discharge summary continues, "Steven's response to 50111.e· afthis resulted in his several times threatening to go after his father. The father and mather's relationship deteriorated, the mother becoming depressed, crying much of the time, The conflicts resulted in, as stated earlier, the mother 's being hit by the father, which Steven-did see."

The Mt, Sinai Hospital record documents that Steven Hayes" behavioral and emotional problems began. during childhood. He was not following the rules at horne, smoking marijuana, and was involved in burglaries. Steven Hayes reports on interview that he recalls being arrested after stealing his mother'S car; 'This was the event as documented in the Mt. Sinal Hospital record that Ied him being placed at the Long Lane School in Middletown, Connecticut. FroID. there he was transferred to Mt. Sinai Hospital for psychiatric evaluation and treatment, Steven Hayes' reports his juvenile delinquent behavior involved breaking and entering, stealing money to buy marijuana, and stealing women's sneakers to support his sexual fetish.

At approximately age 14, be was sent by his mother to live in New Jersey with his father and brother Matthew, Diane Hayes reports on .interview that she could not manage his behavior at the time. While in New Jersey Steven V'Y'aS arrested, Matthew Hayes writes in his statement, ":After a ftnal period of living In New Jersey, around March of 1979~ my father was calledat work by the Plainsboro or West Windsor, NeW- Jersey Police to let him know they had Steve in custody and that-he hod been discharged-from school MjJ father left work, went to .the police station. picked Steven up, and took him directly to the bus station. He put him on tli-e:·bu:s bound for Hartford, Connecticst, ther; called my mother and told her Steve waS on his way back. ·to Connecticut. He was now and would forew;r be

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nty? mother's is-sue. My. father made the decision that he could not, would not, nor should not have to deal with a child like this. My father never looked back 1 was never' told what hi)ppene.d. 1 never asked. I felt safe' again, knowing Steve wouldn 't be back" Steven Hayes reports that when he was placed on the bus to return to Connecticut, he was not aware that he was permanently being sent back to live 'With his mother. The Mount Sinai Hospital record confirms this. StevenHayes reports 'that he has not spoken. with nor has seen his father since that event,

Steven Hayes recalls being placed in the Long Lane School which be said was a juvenile home with a campus in Middletown, Connecticut Steven Hayes reports he continued to get in and out of trouble. He reports he believes be was first incarcerated as. a youth at the Cheshire Reformatory in Connecticut, He states he received his GED while at the Cheshire Reformatory after being arrested for a burglary related charge.

Steven Hayes reports there are 23 prisons in Connecticut and "at one time or another, I have been at every one of them," He describes a history of repeated arrests for such charges as burglary, possession of controlled substances, carrying weepons.end motor vehicle related incidents, He states his typical criminal behavior IS to do "snatch and grab" ' crimes. Steven Hayes states that he frequently broke windows of cars and grabbed money and valuables. Ppm to his current arrest, he had never committed a horne mvasion-type of crime.

Connecticut State Police records documents that, "Steven Hayes. has been arrested 26 times prior to the incident (712312007) beginning in i98{], Hayes was charged with numerous crimes, including but nat limited to burgiaries, larcenies, 'weapon charges. for either carrying or stealing firearms, drug arrests; andforgery arrests. Bayes has been in and out of prison since 1981 with a three-year break from prison "time between March of 1983 and April of 1986. . Hayes was arrested during that time, but always posted bond ... Hayes was incarcerated in April of 1986, was released in December of 1987, was incarcerated again in December of 1989, and released i17 1991 to a community residence. In April of 1992, Hayes l~~as returnedfrom the community release with new charges. He remained incarcerated until September 011992 when he was releasee! on bond only to be incarcerated again -in June of 1993 until he wm released on community release in June 0/ 1996. In August of 19.96, Hayes esc-aped from community release, but waS returned to prison with neHI charges in September of 1996. Hayes was Once again released to the community· in .May of 2000 only to commit a violation of that release in October of the same year. Hayes remained incarcerated until October of 2001. He was incarcerated ag4in in May pf 2003 'until his community release in June of 2006 where. he stayed at the Berman Treatment Center in Bloomfield. From there, he trimsfeded to the Silliman Halfway House in Hartford in. July of 2-006. In November of 2006, Hayes

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returned t() prison for a violation of community release. On JIG5/l00!, Hayes w.as releasedto supervised parole.: »

PAST PSYCHIATRIC AND 1YIEDICAL HISTORY:

Steven Hayes denies a histOry of psychiatric hospitalization subsequent to being hospitalized as an adolescent at the Mount Sinai Hospital. 'Those records document that he was admitted to the hospital as a 16-year-old boy .for psychiatric evaluation and treatment from the Long Lane School in Middletown, Connecticut. Steven Hayes reports being diagnosed with attention deficit hyperactivity disorder as a child/adolescent. The Mt. Sinai records' confirm this history and document that he was treated with the psycho-stimulant medication" Ritalin. He states. from time-to-time he had received mental health treatment while incarcerated. He states mere havebeen titnes where he has been court ordered to mental health treatment He recalls at Doe time being a client at the Housatonic Mental Health Outpatient Clinic. A review of the correctional health records document that in 2003, Steven Hayes was given a psychiatric diagnosis: of cocaine dependence, generalized anxiety disorder, and borderline personality disorder traits. For a period of time, he was treated with the antidepressant medication Remeron, the antipsychotic medication Risperdal, and the antianxiety medication, BuSp~.

A review of the correctional health records document that Steven Hayes has a chronic rnedlcalcondition of diverticulitis. Steven Hayes 'On interview also reports having diverticulitis as well as acid reflux, chronic headaches r and a history of seizure, Steven Hayes gives a history of head injury stemming from several motor vehicle accidents as wel] <1;3. a serious motorcycle accident occurring in 1983, where he recalls being thrown off 'the motorcycle resulting in a compound fracture to his arm and a loss of consciousness.

Steven Hayes reports one incident of head injury as a young child. He states he fen off a staircase hitting his head on a concrete floor at his grandparents' home. He states he \\'B.S told that he possibly had a concussion. He does not recall being hospitalized.

ALCOHOL AND SUBSTAL~CEABUSE HISTORY:

Steven Hayes reports he first tried alcohol about the age of 10. He reports by the age of 13~ he was using alcohol and marijuana on a regular basis. He describes his use as partying with friends. He states during his adolescent yean:, alcohol was not a big problem. However he reports marijuana was his drug of choice. He states he was an everyday marijuana smoker since his tee-nage years, He reports experimenting with LSD and oilier "pills'; during his teenage years. Byage 15, he began snorting cocaine. He states between the ages of 15 and 3D, his primary drug of choice was marijuana. However, by the age of 30 he got "heavily into cocaine." He states hisintranasal use escalated to

Hayes, Steven Page 8 of27

freebasing cocaine and using crack. In his mid-30s, Mr. Hayes states his cocaine use greatly escalated. He states after release from. a prison term in .2002, he went on an 18- month tun of severe cocaine abuse. He states along with Rosalie Bessette, he spent approximately $150,000-$200,000 on cocaine during that period of time. He states he was "getting high all day and all night." That history is confirmed by Rosalie Bessette on interview With. this examiner. He reportedly had a cocaine overdose resulting in being brought.to Torrington Hospital by ambulance.

Steven Hayes reports during his multiple incarcerations that from time to time he participated in substance. abuse programs, He had attended NA and participated in post release halfway house substance abuse programs. However, he reports he was not 'motivated to participate in treatment and achieve sobriety.

Steven Hayes reports ,in 2003 while incarcerated he made a decision that for the first time he would seriously pursue sobriety. He states he was talking on the telephone Vvith his daughter, who at the time was approximately age 9. He states she told him that she thought he had promised he Ji\.1iS not going to go tojail again, Steven Hayes states he felt terribly guilty and angry over his behavior of repeated arrests and substance abuse. He states he \\'RS incarcerated at the Carl Robinson Jail and pursued getting admitted to their substance abuse program.

Steven Hayes reports that he had hit rock bottom countless times' in the past, "But it was not my bottom." Steven Hayes states his daughter told him, "You probably didn't learn your lesson yet." Steven Hayes says after that conversation, GeT bit bottom." Steven Hayes: states while at Carl Robinson, he lobbied strongly to be placed in the IS-month TIJ\1E program. He states he participated in the groups and shared his story.

He states following the completion of the program, he stayed on as a' mentor to others. Steven Hayes states with respect to his sobriety, "'1 chased it hard. I put great effort into staying clean," He adds, "Even though 1, Wag in prison. it was the best four years of my life." He states; '<A lot of people started believing in me again,"

The Department of Correction Addiotion Services medical records of Steven Hayes document that he ¥IRs admitted to a Tier 4 facility on .llli 812003 and discharged On 5/18/2004. The recordsdocument that Steven Hayes~~cCornple(ed phase-Ion 211812004 and phase-ll on 511812004. Discharged from program after completed treatment. .. while '11 the program, Mr. Hayes was ahle to identifY and confront his dishonesty as related to his substance abuse. 'He completed steps 1-3 and was able to understand the concept of a higher power and applied in his lifo, After completi'ng the Tier 4 program" ,l'v1r. Hayes remained in the program as a peer mentor to=asstst the n~wcomer. Mr. Hayes is encouraged to mend AA:WA for cOl1ti!1ued support with his sobriety. '" A 5/04/2004

Hayes, Steven Page 9 of 21

treatment note from Carl Robinson Correctional Institute documents, "Appears 'to be serious about his recovery, Continues to share in group.>; keep the focus on self, graduating 05\18. Completedapplication for mentor."

SEX(LzU, FETISmgM mSTORY:

Steven Hayes reports at approximately age 11, while in Southington. Connecticut, he was on multiple occasions sexually a~lJSed by IDS babysitter. He recalls the baby sitter's name as Laurie, and that she was a high school student, He states she engaged him in sexual play. He states she placed a sneaker over his nose. Steven .Hayes states he achieved an erection and she performed oral sex On him. Steven Hayes states over the course of time there were several episodes where he- had both oral and vaginalsex 'with Laurie involving a womarr's sneaker, which was as an item to achieve arousal. Steven Hayes describes mixed feelings evolving as a child from this event. He states, ~'I remember It leading to a lot of confusion. I hid the fetish. There was some shame." However, he also states that Laurie "taught me many things about girls. She taught me how to get women multiple orgasms," He adds, ~I remember it was like the best feeling in my life:' Although Laurie has not been able to be lceatedbythe State of Connecticut Police Department, District Attorney's Office and Public Defender: this history of early sexual abuse is supported by information from both Diane Hayes and Rosalie Bessette. Steven Hayes reports that over time the sexual fetish became intense. He collected women's sneakers, pornographic magazines involving foot fetish, and fashioned sexual .toys out of Sneakers and pantyhose, and other related items.

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He acknowledges that his sexual fetishism intensified when he abused 'crack cocaine, Steven Hayes states when he was not high he did not tum towards fetishism or pornography asmnch, However, he states during times when he was abusing large amounts of crack cocaine, he got more intensely- involved with pornography and Would make up "different fantasies and masturbate to fantasies and pornography." He states the sexual fantasies were exclusive to women's feet. legs, and shoes. .Steven Hayes states he searched for women who would participate in the sexual fetishism with him.

IDS TORY FOLLO\VlNG His RELEASE FROM THE CARL ROBINSON CORRECTIONAL INSTITUTION, l\f.A, Y OF 200(}:

Steven Hayes reports that he was discharged to the Community Solutions Halfway House, Steven Hayes states he was then transferred to the Berman Treatment Center, a residential halfway house where he met Joshua Komisarjevsky.

Steven Hayes reports he and Joshua were roommates at Berman. He reports. he had a difficult time complying with the rules at Berman. He objected to their treatment of him. He believed they interfered with his efforts to maintain recovery. He Slates he broke the rules including driving on furlough and possessing a cell phone. He .states there was a difficulty attending NA\AA meeting because he was Unable: to get a pass beyond two hours' time.

Steven Hayes states after 40 days he was transferred to the Silliman Halfway Rouse. He reports nevertheless, ("it was the beginning of'my downfall." Although he disputes the fact, Steven Bayes states he was found with a dirty urine and \\'BS immediately arrested by parole, and taken hack to prison. Steven Hayes states he again lost all credibility with his family, He could not let go of'hisangry feelings. Steven Hayes states that his mother "had a tough time believing me." He states the rest of the family did not believe me. H:e states. "My brother and Rosalie didn't believe me."

Steven Bayes reports that he was incarcerated at the JB Gates Correctional Facility, 11/24J2006 through. 5102flD07. While incarcerated at JB Gates Steven Hayes reports, he was part of a work program and spent much of his time on a painting detail, He reports upon his release from JB Gates, he went to live with ills elderly . mother and youngest brother Brian ina one bedroom apartment in Winsted, Connecticut,

Steven Hayes reports it "IiY'aS a difficult living situation. He reports there was conflict between him and Brian. Steven Hayes reports Brian had relapsed and was abusing alcohol and cocaine. Steven states that situation placed his own recovery in jeopardy. In addition, steven Hayes-reports there was: conflict between he and Brian over access to their mother's

Hayes, Steven Page 13 of27

:vehicle. Steven reports he needed transportation to his work at the Dodge Music Theater and at his landscaping job. He also needed transportation for his 12-step meetings. Reportedly. Steven purchased a used Eagle Talon from Rosalie Bessette. However, the car was in need of repair and he was hoping to be able to save enough money from his: work to get the car back on the road and not be dependent on his mother for transportation ..

Brian Hayes, according to Rosalie Bessette, woo likely felt exploited by Steven in the: past, took advantage cf theoppcrtunity to exert ~ome dominance over Steven in the small. one bedroom apartment in Winsted, Connecticut. Steven Hayes reports Brian complained to their mother that Steven could not be trusted and should not have access to her car. Steven Hayes states that Brian told their mother that he was lying about his recovery and would likely use the car to buy drugs and commit crimes. Steven reports that he defended himself and denied these allegations to their mother.

Steven Hayes reports he also pleaded with his mother to not allow Brian to drive the car as he had lost his license due to a Dill-type of infraction, Steven Hayes states that their mother "got in the middle between Brian and V; Steven Hayes reports that Brian was making comments to him that he puts himself "on a pedestal," However, Steven states that was not the case. He states, "I was trying to GO· the right thing." "I was telling mom, Brian who was active in using, COUldn't stay with us. If he is living in the apartment partying I will get high,"

Steven Bayes reports that Brian introduced him to Tara Steven Hayes states that Tara was pregnant and abUsiug crack v:.'.i.th Brian. Steven states he took the opportunity to bring Tara to a meeting in au attempt to get her clean. He states this created increasing conflict between he and Brian. Tara introduced Steven Hayes to the father of her child. Phil Theeb. who was a general contractor and eventually employed Steven. .Hayes, - Phil Theeb confirms this history on interview with this examiner, Phil Theeb reports that Steven was attempting to get Tara to stop using drugs and enter recovery. Phil Theeb reports-it was his view that Brian Hayes, who was then abusing crack, had a romantic interest in Tara and wanted her to use crack cocaine wifh him.

The conflict between Brian and Steven Hayes worsened. Steven Hayes holds the view that his attempts to befriend Tara and influenoe her to .attend meetings-and enter recovery angered Brian. The situation escalated to a physical fight in the apartment

Steven Hayes repertsafter he had the physical altercation with Brian the situation in the ·apartinebt became that much more tenuous. He states he began. working fur Phil Theeb, Steven Hayes states "that after Brian recovered his drivers? license his access to thelr mother's car was very limited. Steven. Hayes states things got "very ugl.y at the house,"

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Steven Bayes states his mother told him that he needed. to leave the apartment and that he was no longer permitted to drive her car.

Phil Theeb reports on interview with this examiner that in May of 2007 after meeting Steven Hayes, he hired him to work on a condominium remodeling project iII Stamford, Connecticut. Phil Theeb reports that he would drive Steven and usually another coworker from Torrington, Connecticut to Stamford. He states they left about 5.1Sa.m. and worked IO-hour days, Phil Theeb reports that Steven Hayes, was a reliable worker. He states he never missed work unless he requested time off for a preschednled commitment PlU! Theeb states, "He never came in (to work) like he was hung over," Phil Theeb reports that he saw that Steven Hayes worked hard and says that Steven Hayes gained his trust.

Phil Theeb reports that the other construction workers in Stamford began to trust Steven as well. He states they were working in 30 different units at the Marina Bay Condominium Complex. phil Theeb reports he became aware of Steven Hayes' transportation difficulties. He states he lent Steven his GMC pickup truck to use on the weekends. He recalls Steven returning the truck in better condition than 'When 'he lent it out. He states the car was clean and the toolbox was neat and organized. Phil Theeb .reports on their long rides from Torrington to Stamford. Steven spoke about being in recovery, his efforts to try to help Tara', his conflict with Brian, and the difficulties he was. having in his living situation. Phil, Theeb reports that Steven Hayes informed him about his criminal behavior. Phil Theeb reports steven described his "snatch and grab" type of crimes when addicted. Phil Theeb reports Steven Hayes spoke about his sexual interest in Latin women and his enjoyment in giving oral sexual pleasure to women, Phil Theeb reports Steven Hayes appeared to have a strong libido, a characteristic that he believed was normal for someone who was just released from prison. Phil Theeb reports that Steven spoke about his girlfriend, Maria, who lived in Hartford, Phil Theeb says that Steven Hayes told him that. he had hoped he could get his own apartment so Maria could move in with him. Phll Theeb also reports Steven Hayes spoke aboutbis relationship with Joshua Komisarjevsky. Phil Tbeeb states that Steven Hayes told him about their plans to start a contracting business. Phil Theeb states he met Joshua Komisarjevsky on one occasion.

STEVEN HAYES' RELATIONSHIP W1TH JOSHUA KOIVnSARJEVSKY:

Steven Hayes reportsafter being released from JB Gates in May of 2007, he began attending 12 step meetings immediately. Reportedly. Steven Hayes and Joshua. Komisarjevsky resided at the Berman Treatment Center at the same time for a period of approximately two weeks and at the Silliman House Residence for approximately three months back in 2006. Steven Hayes reports he attended a Cocaine Anonymous meeting in Hartford and reconnected with Joshua Komisarjevsky \- ..... no was the treasurer of the meeting. Steven Hayes reports lie was impressed with Joshua's commitment to the 12-step

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v

meetings. Steven Hayes states that Joshua at that time was living in Cheshire, Connecticut with his parents and working for a roofing company. He states they exchanged phone numbers and began spending time together. Steven Hayes states he "las invited to Joshua's house and helped him with some cabinetry work. I-Ie states they started talking about plans to start a general contracting business. He states they got information about how to become licensed contractors. Steven states Josh and he began to look for contracting work, However, Steven states they quickly learned: that they needed to be licensed before they could seriously pursue business.

Steven Hayes reports things began to rapidly fall apart in his life. .IrlS relationship with Brian had deteriorated, His mother was not supportive of him and said that he needed to leave the apartment. Steven Hayes states that he did not have the $] 500 needed to repair the Eagle Talon thai he had purchased from Rosalie. Steven sold the: car to Phil Theeb for $700. Phil Theeb confirms this history.

Sleven Hayes states he was unable to manage the pressure and once .again turned to drugs. He states his mother wasno longer letting him use her car. He says. he did not have the funds to repair the Eagle Talon. He states he was making $15 pet hour working fOT Phil Theeb. However, he states he could not see a way to save enough money far his own apartment and a car.

Steven Hayes reports he relapsed. He 'began abusing alcohol and crack cocaine; Be took the $700 he received from the sale of the Eagle Talon and purchased drugs. He states he relapsed in the end of June of2007.

Steven states he spoke to Joshua Kornisarjevsky about his need for money and they began to talk about committing crimes together. Steven Hayes states, "'As things were going bad for me~· they were also going bad for Josh." Steven Hayes states. that Joshua had told him that his. 17-year-old girlfriend was. about to move toArizona, Although, the information from the criminal investigation is that she bad moved to Arkansas; Nevertheless, Steven Hayes states he met Joshua's girlfriend Caroline, Steven states that Joshua had gotten romantically involved with Caroline's older sister which complicated the 'situation. However, Steven Hayes states that Joshua had told him. that Caroline wanted to stay with him in Connecticut. Steven Hayes states that Joshua told him that his father would not permit the two of them to live together in the housein Cheshire. Steven Hayes states that Joshua communicated to him ·that he wanted to move out and needed money for an apartment for he and Caroline.

Steven Hayes states he stopped attending 12-step meetings and talked more with Joshua about criminal activity. Be states h.e returned to "snatch end grab" crimes, bur.it was not netting him enough money to support his drug habit, secure an: apartment and vehicle.

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Steven Hayes states that Joshua brought up the idea of together committing a home invasion crime. Steven Hayes .states that Joshua had told him in 2006 when they resided at file halfway house his history of'home invasion crimes, He states that Joshua had. told him about an idea of committing a home invasion crime and taking one of the occupants .to a bank to withdraw cash. Steven Hayes states when he first heard of the idea, ~'I am shooting do-wn the idea, it is crazy,"

Steven Hayes .. states that he and Josh met up at night at bars talking about how to solve their problems. Steven Hayes states the idea of a horny invasion crime resurfaced. Steven:

Hayes reports that in the context of his relapse back into substance abuse, his state of mind became desperate. He states he recalls going Oil cocaine binges three weekends ina row, J nne through July of 2007. Phil Theeb. on interview with this examiner, report-s that he did not know whether Steven Hayes had . relapsed. However, Phil Theebstates he. had concerns because Steven Hayes went missing one weekend and he could not ge;! in touch with .him. However, Phll Theeb states on Monday morning he was ready for work, did not appear to be under the influence or impaired.

Steven Hayes reports he became despondent. He states he. spent Q. weekend at a hotel, drank heavily. abused crack cocaine, and shot heroin. Steven Hayes states, -r thought I would die from the two. bags of dope. '" However, he states he did not cook-the heroin so he did not overdose, Steven Hayes states, "I did not die. It felt like a failure." He states after the drug binge, he spoke wifh Tara and Josh, but did not tell them what happened, Steven Hayes states the following week Josh took him to look at houses in Cheshire that he had robbed. Steven Hayes states, <!1 see large houses, 2to 3 million dollar houses." Steven states that the idea of a home invasion became increasingly appealing to him. He states Josh told him about his escapades in the past doing home invasions. Steven Hayes states he convinced himself that he could participate in such a crime, and be "safe" inside the house.

Steven Hayes states that Joshua Komisarjevsky "presented the idea of going to a horne and tying people up, and bringing one. of them to the bank in: the morning," Steven Hayes states he continued to feel ambivalent about the idea, but after having relapsed, failed at his suicide attempt, and deteriorating to a desperate state, Steven Hayes states he convinced himself'the idea could work.

Steven Hayes states, he and Joshua drove aroundatnigbt Iookingfor potential houses to invade and rob. Steven Hayes states the Saturday before the Sunday night home invasion crime, Joshua had broken into two houses ill Cheshire. Steven Hayes states he waited outside. He states he saw that Joshua could carry ·out the horneinvasion with some ease,

Hayes, Steven Page 17 of27

However, he also saw that it was dangerous, He states at the second house that Joshua broke Into he entered after feeling anxious and pulled Joshua QUt..

Steven Hayes states he did not abuse any drugs on that evening. He was driving the GMC pick-up truck that he had borrowed. from Phil Theeb. He got back to his mother's apartment in Winsted about 6;00 am. on that Sunday morning, 7/2212007.

'Ibis history is consistent with what was described by-Steven's mother, Diane Hayes in her witness statements of 7125/2007 and 112612007. That Sunday morning, Diane .Hayes reports in her witness statement, '·lvfs_ Hayes stated Steven told her on Saturday night, 7/2112007 he had gone, to Bachi's and Olli's cafe in Torrington. ~Js. Hayes stated Steven slept most a/the day, Sl,mday July 22~ 2007 and late}' went out to the Chinese Buffe: in Torrington and telling her that Joshua is agood friend and he had given, him (fJtevf.1'l) a Credit card to use to buy food andsoda. Ms. Hayes stated she said to Steven; I thought you said Joshua had no money. l.ds. Hayes stated on. S'fl}1day ,at abou: 6_·00 p.m, Steven told her that he was going to meet a girl he had met and then came back shortly after. Ms. Hayes stated St~1- then grabbed a black hooded sweatshirt, left again. and then came back Ms. Hayes stated he WaS wailing to hear Jrom- Joshua and waS'te:xt messaging someone from the house at about 9:00 pen, Ms. Hayes stated at some point Steven said that Joshua was late because he. was putting his daughter' to bed Ms. Hayes ~tated ,that Steven-left the house at about lO:ODp~m. on Sunday, July22, 2007 driving Phil's red pickup truck: A{s_ Hayes stated afier Sunday hIght she did not hear frotn Steven. "

Steven Hayes reports on Sunday, July 22, 2007, he did a "smash and grab" crime and recovered about $60- He states hy spoke with Josh in the afternoon who told him that he had the "perfect place" in mind for the home invasion crime. StevenHayes states he drove to II bar in Torrington. drank, and felt "a little drunk." He states he went to a second bar drank. more and then went to a Stop & Shop and met up 'with Joshua Komisarjevsky. Steven Hayes states they spoke about the crime and went to another bar together in: Bristol or Southington where they drank more. Steven Bayes states that Josh had given him $40 the, night before which he used to purchase "zip ties, plastic gloves," a ~'gun and phone card" as well as other items they needed for the home invasion crime, Steven Hayes states, "1 felt obligated to go through with the plan," Steven Hayes adds, "I don't know what to do." He states. he was in a desperate 'state of mind \\'ith "lack of sleep." He describes being intoxicated with alcohol, He states, "I had relapsed. I wanted to die."

Steven Hayes mates after meeting up with. Joshua Komisarjevsky at the Stop & Shop parking lot in, Cheshire, he gat into Josh's car and left Phil's red pick-up truck in the parking lot. He states ahout2:00 arn, they drove to the Petit house in Josh's van, Steven Hayes states 'that they had drove past the Petit 'house earlier in the evening to "look it over,"

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Steven Hayes states he stayed in the van, He states Josh came back to the car and said that a man was sleeping on the couch in the sun room and that the other occupants were a mother and two daughters. Steven Hayes states. "The plan was to tie up the people and take the woman to the bank in the morning." He states, "We had masks and I had a hoodie and glasses to keep my identity hidden."

. STEVEN HAYES' DESCRIPT10N OF rna HOME INY ASION CRllVfE:

Steven Hayes reports that Josh entered the Petit house.and he waited outside with a gun. Steven Hayes states he 'was looking into the sun room where Dr. Petit was sleeping on the couch. Steven Hayes reports that he saw Josh enter the room carrying a bat Steven Hayes states Joshua hit Dr. Petit over the head with the bat. Steven Hayes states, "It seemed like four "Or five times. That was not the plan. I started freaking out It wasn't supposed to happen like that," Steven Hayes states Joshua opened the door and let him into the house. Steven Hayes states that he sew that Dr. Petit was conscious.ibut bleeding. He states, ~'I asked Joshua what was he doing." He describes being in an agitated, emotionally charged state but saw that Joshua was calm.: He states he could not tie Dr. Petit lW· and Joshua had to do it. Steven Hayes states, "I continued with the home invasion because I felt I was already involved.

Steven Hayes says that he and Josh went together into each room of the Petit house. He states they :first entered the eldest daughter's bedroom; Hayley Petit" W-oke her up and tied her up. He states they next entered the master bedroom where they found Mrs. Petit, Jennifer Hawke-Petit; in bed With her youngest daughter, Michaela Petit. Steven Hayes states they woke them up and tied thew up. Steven Hayes states that Joshua wanted to separate Jennifer Hawke-Petit from Michaela, He states the mother and two daughters were restrained in separate bedrooms. Steven Hayes states, he then wentthrough the house looking for cash. He states he found jars of quarters, dimes, and nickels. He states walking around tim house he began to worry about leaving DNA evidence behind, Be states he raised the issue "with Joshua. Steven Hayes states that Joshua told him, "Fire destroy'S everything.'; Steven Hayes says it was not something they .had previously discussed, He states that Josh bad the idea that they would spread gasoline through the house, Steven Hayes states that after getting money from the bank, the plan was to take the Petit family outside and possibly set the house on fire.

Steven Hayes states that- he found windshield wiper fluid containers, emptied them; and took tbree of them to a gas station where he filled them up with .gasoline, Steven Hayes states that.he worried that Dr. Petit Was going to die from his injuries and that be would be involved in a murder. However, he states that Joshua at that moment informed him. that

Hayes, Steven Page 19 of21 .

Dr. Petit was not critically injured and would pull through, Steven Hayes states that Joshua told him that the piau was still viable-and that "we could still pull it off."

Steven Hayes states he returned to the house with the containers of gasoline. He states he left the containers in the sun to Om. Steven Hayes 'Si.ates throughout the evening he drank beer from the Petit refrigerator. He states he continued to worry about leaving DNA evidence. He states he has eyelashes and Joshua has hair. He states he had urinated in the bathroom and worried about a splash that would leave DNA evidence. He says he kept thinking about what Josh had told him, that "fire destroys everything:' In his state of mind, Steven Hayes states; "It is like 1 am transported from the e8:rth to the moon." I am justfeeling like I will follow Josh's lead.~'$teven Hayes states that Josh told him that they needed to «stick to the plan.';

Monday rooming, July 2:?> 200t .Steven HaY~8 drove Jennifer Hawke-Petit to the local bank to withdraw $15~OOO. They returned to the Petit home and Josh secured the mother. Steven Hayes states Josh caned him into the: living room and told him that Dr .. Petit had died. Steven Hayes states" "Josh told him that he left DNA with OUe of the. girls," Steven Hayes mates Josh told him that because he left DNA evidence, "He had to kill the girls." Steven Bayes states that Joshua Komisarjevsky had told him that he now had to get his hands "dirty too." Steven Hayes states he was in an agitated state incredulous over how the events hadunfolded, He states, "None 'Of this was supposed to happen." Steven Hayes state's he looked eutthe windows of the Petithorne and saw there 'were police cars . Steven Hayes state'S he lost control over his emotions, Sleven Hayes states, «I came back from the bank with the money and I thought it was Over. We got the money and we were going to leave; Then he told me everyone is dead." He states he felt betrayed by Josh. He describes being overcome with rage, Although recognizing that Jennifer Hawke-Petit was a victim ofthls crime, in his distorted and agitated state cfrnind.thoughts come to him that Mrs. Petit had "deceived me') by alerting the police whll6. at the bank Steven Hayes states, '·1osh told me to kill the mother. Get my "hands dirty," Steven Hayes states, ·'1 was shocked:" He states he was emotionally overwhelmed. He states, ~'l didn't understand. Nothing made sense," He describes the situation as surreal. He states he felt betrayed and Hen top of what Josh told me ~ that he killed the children-that was a lot to take in." "He tells me what he did and .I was left in a state of shock." Steven Hayes states, <'1 guess it triggered." Btevmllfuyes states, 'If expected to pick (Josh) up and go, Leave the house with the money, But when he tells me what he did" it leaves him with the feeling D! "betrayal and rage,"

Steven Hayes describes how he strangled Jennifer Hawke-Perit and -then vaginally penetrated her .: Steven Hayes states previously he had .nct had sexual. thoughts about Jennifer Hawke-Petit, He states he did not masturbate in 'the house. He states there was

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nothing sexual to him about the home invasion crime, He stares he did not engage in sexual fetishism acts during the home invasion crime.

Steven Hayes states he had never previously been involved in a crime involving the killing and sexual assault ofanother human being. He states "it was a state of mind that I was never in before." Be states it felt like his "mind and body separated. Almost like it wasn't me doing it." Steven Hayes states HI can't understand why I had sex with the mother after the killing:" He states:" "When I penetrated her 1 knew she was dead."

Steven Hayes states that Josh rushed into the den and yelled something about Dr. Petit . . Steven Hayes states, "1 \ .. 1lS just so confused. I didn 't know what was going on. I was just standing there and Josh started yelling at me to get the gas." Steven Bayes states he took the gasoline and poured it in the den, kitchen, bathroom, in the downstairs area, and on the stairs going up 'to the bedrooms, Steven Hayes states Josh lit a match and the place "just goes up." He states they TIm out of the house and Steven go.t in to the passenger side of the car 'that .T osh was driving when they hit the police cars and Were apprehended.

POST ARREST BEHAVIOR;

Steven Hayes has been consistent in his discussions Vyith this examiner concerning his desire to avoid putting the Petit family as well as his own family through a conrrroom trial. .Ste¥'eU Hayes believes that a trial would attract intense media attention and put the families through unnecessary suffering. He has consistently stated to this examiner that he wishes to avoid having Dr. Petit and the Petit family relive the events of 712312007. He has consistently expressed remorse over his actions. Fie has been guilt ridden over what he has done to the Petit family, His obsessions surrounding his guilt have left him depressed. He has made several suicide attempts while incarcerated.

Steven Hayes reports on interview with this examiner that shortly after his arrival at the Northern Correctional Institute in July of Z007~ he had Secreted several pills of anti-depressant medications, Remeron and trazodone as well as the beta-blocking agent, Inderal. He states he took an overdose with intent to kill himself. He reports losing consciousness, but waking up without serious medical sequelae. He did not inform the correctional staff about the attempt He reports having persistent suicide thoughts and made a second attempt of a similar nature in December of 2007. .He reports with the encouragement from the staff members of the Capital Defender's Office, he agreed to receive counseling from correctional mental health.

Steven Hayes was transferred to the Garner Correctional Institute in the fall of 200S. He reports developing a more: trusting relationship-with his treating psychiatrist at that facility. He reports he accepted counseling from 'the available mental health staff Including social

Hayes, Steven Page 21 of'27

workers and nursing staff He describes attempting to work with the treating psychiatrist on changing his medication regimen to help him sleep better and cope with the stress of his incarceration. He accepted counseling concerning healthy ways to maintain his physical and mental health during this pretrial phase of incarceration and keep him ill a calm state of mind to work with his attorneys. However, Steven Hayes reports that his depressed mood and guilt ridden suicide thoughts did not diminish.

In February of 2009, Steven Hayes made a suicide attempt He describes having broken off of a piece of his fiberglass bed and started cutting at the vein in his forearm attempting to induce bleeding that would lead to. his death. Steven: Hayes states, "1 am estranged from my family. I am hurting them, Once I am gone, dead, everyone is spared" my family, Dr,

PetiC~ .

Steven Hayes reports at night his thoughts are consumed with the pain and suffering that he has inflicted on the Petit family and his own. He reports obsessing over the thought that a, trial makes no sense. He states he thinks about the pain and suffering that the victim's family will have to relive during a trial,

On 6115/2009. Steven Hayes made a suicide attempt. The correctional health records document that he was found unconscious on the floor of his cell wifh an abrasion to his right. forehead, The medical records document that he told correctional staff, "1 tried to kill myself. I took $0 Klanopin; 300 mg of Benadryl; and drank the acid out of three- AA batteries. U The correctional health record contains a two-page hand written Dote by Steven Hayes, signed "Edicius.' The note is addressed to Jenny Albert, of the Capital Defender's Office. The. note states, OC1 am sorry. All I want to do is die. It is the o.nly way to end the pain. 1 gtJ through eW1Y day 24\7 and more important the pain that trial. will bring to others. Time to go to the last undiscovered country. __ altlwugh, I am not the massier thai Josh IS, I am one nevertheless. A coward; because 1 couldnot do what was right, Looking back on my life, [was nothing but a-self-centered rtss.hole who cared only of himself SW'e drugs, divorce, constant moving had a profound impact on my life. be-ing raised in prisons, But the ironic facet to this is 1 have always bad the ability to change, but cowards don't change. They become me. "

This examiner interviewed. Sleven Hayes at the Macfrougall- Walker Correctional Institute on 1/30/2010. During that interview, Steven Hayes discussed his role in the horne invasion crime and specifically the killing and sexual attack on Jennifer Hawke-Petit, The

Following that suicide attempt, steven Hayes presented with an episode of amnesia. He. reported to 110t have recognized the correctional staff psychologists and therapists, He: reportedly did not recognize his Capital Defender attorneys. However, the Correctional Health records document on 612212009 that he appeared to have "regained memory. "

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Correctional Health records document that the following morning on 1/31/2010, Steven Hayes was found unresponsive. His blood pressure was found to be significantly low at 96/65 witha heart tate of 84" a respiratory rate of20~ and a finger stick glucose of 90. He was transferred to the medical unit of John Dempsey Hospital at the University of Connecticut where he was admitted to the medicallCU. After regaining consciousness, he initially denied having made a S1,licide attempt,

On 2/0SI2(l10, Dr. Suzanne Ducats documents in the Correctional Health medical record} "He stated over the course oj the last month he has been increasingly distressed and suicidal due to attending court and/acing the victim 's jrtmity. He admitted that he saved pillfragmrmts 0120 (100 mg) Thorazine pills ant/30 (1 mg) K10110pin pills in his mattress and on 1/311201 0; he took all of the medication he had saved to MIl himself: He states (hat he waraed io die, .. 'i Followingthat suicideattempt, Steven. Hayes was assessed to be at a high imminent risk of suicide. For many months he was placed 'in a cell within the correctional institution's infirmary unit. Steven Hayes was given a "Ferguson" blanket to use as a bedcover. The cell was illuminated around the clock '" .... ith fluorescent lighting. He was given no utensils with his meals and no personal items ..

This examiner interviewed Steven Hayes on 2113/2010 in that cell area. Steven Hayes reports that he came to the decision that "it was time to die," He reports he saved enough pill fragments from 10 doses believing that it would be a lethal suicide attempt, He was concerned about the pill fragments being discovered by correctional staff and so made a decision to make the attempt after saving 1 Q doses of medication, Steven Hayes had no opinion as to whether his oonvcrsarion with this exanriner concerning 'his role in the home invasion crime on 1130/2010 played any role in his decision hours later to make a serious suicide attempt, Whenintervieweci by this examiner on 2/13/2010) Steven Hayes' thoughts were consumed with his failure to kill himself and his belief thatwith bis current conditions of confinement he would not have arty further .opportunities to can}' out a suicide attempt

In March of2010~ Steven Hayes stopped cooperating with his attorneys and identifies that he and they were on divergent paths. He requested to plead guilty to all charges mcluding six capital felony counts, understanding that he would then move directly to the penalty phase of his trial. Steven Hayes was examined an 3/2412010 by P aul Amble, IvLD., Fred Storey, Ph.D~. and Mark Simoniello, LCSW of the Connecticut Mental Health Center, 'at the request of Judge Blue for a competencyexamination. The examiners' competency report found Steven. Hayes to have. "demonstrated the capacity to understand the proceedings against himand the ability to assist in his defense ... " The examiners document in their report; "Mr. Hayes was mva:re oj his 'egal circumstances andthe gravity o/his possible punishment iffouivl guilty in the charges he is now focing. Aclditioj1a}[y, he was aware thdthecanelect to work with his attorneys to secure a#fetime prison sentence

Hayes, Steven PageZ30f21

without the possibility of parole rather than be sentenced to decai; and that his attorneys are strongly encouraging him to work to secure a lijetinl£ prison sentence,

Mr. Hayes reported that he has met with is attorneys for approximately 31 months. He has reviewed the police reports with them, discussed his defense, discussed jury selection, and worked with them in, em attempt to improve his conditions oj confinement. During the present evaluation. he said he trusts his legal team and can be honestwiththem. He indieated that he understands that they now have divergent opinions on how to proceed with his case and stated, 'I want to plea guilty to everything now, because J just want it over with nOH}. J

Air. Hayes expressed his desire for receiving a death sentence and then pursuing the execution of that semence in an expedited manner, He ls unsure of how to achieve-this, but appreciated that he would likely have to either approach the judge or obtainseparate counsel.

Mr. Hayes demonstrated an understanding oj the nature of a trial ana a plea bargain as well as the consequences for poth legal processes: He under stood that he might have to testiJY and express a plan to "look like a monster' to the jury Oil the stand, express no remorse, so the jury would be more likely to sentence him to death. .. it

In April of 20 1 O~ Steven Hayes agreed to cooperate with his: attorneys and withdraw his request to enter a guilty plea. On 4/11/201 0 When interviewed by this examiner, Steven Hayes reports that his att-orneys informed him that they spoke with his daughter who opposed .his desire to enter a guilty plea. Steven Hayes reports that he "1,\18$ told that his daughter intended to come to court He says, 4<1 see it '.1<111 be hurtful to Alicia, I care about her and I don't want anything bad tohappen to her." "So I caved in." "I agree to withdraw my guilty plea. ~

CURRENT :MEl'i'TAL STATUS EXAIVIINATION:

When examined .on 2/13i20 10 and. 4/11/2010) Steven Hayes appeared much the same. He appeared thin, disheveled in appearance.and had a few weeks of beard growth, He was dressed in correctional issued' pajamas which were too big in size for his body, When previously interviewed. by this examiner, Steven Hayes appeared more animated 8:I).d seemed to be appreciative of the opportunity to share his thoughts and feelings \vllh the psychiatric examiner. However, currently Steven. Hayes appears emotionally blunted with a distant and constricted range of affect. He reports his mood is depressed and states, HI just want. to ·die.~· He describes experiencing anxiety symptoms and continues to obsess over thoughts concerning what he has done to Dr. Petit, the Petit family as well as his own family.

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Steven Hayes continues to express his desire to avoid a public trial which he believes will just eause unnecessary emotional pain and suffering to Dr. Petitt the Petit family. and his own family. Steven Hayes has .cdntinued to have a variable diminished appetite. He complains of diminished concentration and states he cannot read the t\VD novels that are. in his cell as his mind starts to drift. He. states sometimes he will pace in his cell, but mostly he spends his time lying down with his head under the blanket, He states he thinks about the killings. He states, "I think about how it could have happened. I don't have an answer, o. Be appears to have iii. diminished energy level. His thoughts are obsessive in nature, but not grossly disorganized. There is no evidence of psychotic symptoms. There. is no evidence of delusions or hallucinations. He is alert and oriented with. no gross memory .deficits.

DIAGNOSES:

Adjustment Disorder with Mixed Anxiety and Depressed Mood Crack Cocaine Dependence

Alcohol Dependence

Fetishism

Antisocial Personality Disorder

CONCLUSIONS:

Steven Hayes is a 47-year~o.ld Caucasian male who along with codefendant, Joshua Komisarjevsky is charged With crimes related to the Cheshire, Connecticut home invasion crime of the. Petit familyon 07/2312007. Steven Hayes j's charged -with six capital fel-ony charges and 11 additional felony charges. He is facing the death penalty ..

Steven Hayes grew up in a highly dysfunctional home and began to demonstrate behavioral and emotional problems as an adolescent. His roomer abused alcohol and his . father was physically and emotionally abusive, and at times sadistic, Steven Hayes' brother. Mathew, describes ill his written statements that Steven avoided physical punishment that was handed out by their father and instead placed blame on Mathew using him as a scapegoat, Mathew describes in his written statements being forced by his father togo behind dosed doors with his older and. physically stronger brother, to sort out who eommitted the behavioral infraction in question .. The one who admitted it would be beaten. Information contained in the Mt Sinai Hospital records from 1979 support Mathew's statements concerning Jim Hayes> physically abusive behavior. Those records document that JimHayes was physically abusive to both boys.

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Steven Hayes experienced early childhood sexualization when he was sexually-abused by a b.aby sitter. Sexual arousal and pleasure for Steven Hayes became paired with smelling a woman's sneaker. Steven Hayes developed a severe sexual fetishism, which began in his early adolescent years, He developed intense functionally impairing sexual arousing fantasies, urges. and behaviors involving female sneakers and undergarments. As an adolescent he experience humiliation over this behavior and hid it from others. As an adult, his fetishism has increased in frequency and intensity when abusing crack cocaine.

Steven Hayes was first attested as an adolescent. He has been incarcerated. in juvenile detention facilities. He had been arrested 26 times prior to the July 2007 incident beginning. in 1980. He: has been in and out of prison since 1981. However, he had not previously been charged with murder, serious violent assault or sexual assault As described by Steven Hayes, most of 'his criminal activity involved "snatch and grab" crimes which appeared in the. past to in part have supported his significant substance abuse problem and sexual fetishism.

Steven Hayes" most prominent substanceabuse problem has been abuse and dependence of alcohol and severe abuse and dependence of crack cocaine, \Vhile in prison, 2005 through 2006. he participated in an intensive substance abuse program. He eventually became a mentor to others. He was released from prison in. May of 2006, where he resided at halfway houses with Joshua Komisarjevsky,

Steven Hayes returned to prison on 1112412006" after being violated for having tested positive for drugs. He was released from the JB Gates Correctional Institution on 5/02!2QrJ7:. He returned to live with his mother and youngest brother Brian in a one bedroom apartment ·in Winsted, Connecticut. Steven Hayes was able to secure steady work,but did not cope well with his troubled living situation. He argued and physically fought with Brian and was told t.o leave the apartment by his mother. By late June of2007~ Steven Hayes had once again relapsed into alcohol rand crack cocaine .abuse and dependence. He reports to have attempted to overdose with alcohol. cocaine> and IV heroin. Be describes being i11 a desperate addicted state of mind when Joshua Komisarjevsky suggested they commit a home invasion crime . .It was in the context of this state of mind that Steven Hayes made a decision to participate in the risky and eventually deadly Cheshire home invasion of the Petit family. Steven Hayes had not previously participated in such a crime. .His previous criminal behavior mostly involved breaking into unmanned parked. cars to steal money and valuables.

The reviewed available 'evidence shewsthat Joshua Komisaijevsky, familiar with the Cheshire neighborhood, chose the Petit house for the crime. Joshua Komisarjevsky entered the house and assaulted Dr. Petit over the. head with 11 baseball bat. Steven Hayes describes from that moment forward during the commission of the crime, he emotionally

Hayes, Steven Page 26 of27

unraveled, He describes having felt out of his element and with diminished control over Joshua Komisarjevsky's behavior ~d ·the situation that "they began, He drank alcohol throughout the ev-eniug while in the Petit home. He traveled to a. gas station where he returned with three containers of gas DIme which were intended to be poured throughout the house for the purposes of destroying DNA evidence.

After returning from the bank '\'1>101 Mrs .. Petit on the morning of 7/2312007, Steven Hayes states that Joshua Komisarjevsky told him that Dr. 'Petit was dead and he had sexually assaulted one ofthe Petit children" and therefore Joshua bad to kill Utero. Steven Hayes states that Joshua Knmisarjevsky told him. that he now had to kill Mrs. Petit. Steven Hayes reports he Was in a rage. He describes having felt betrayedby Joshua Komisarjevsky, put in a position by his codefendant to be an accomplice to the murder of Dr. Petit and the murder and sexual assault ofa child. The prime situation got out of control for Steven Bayes and he could not control his emotions and rage_ He describes seeing: police cars outside the' Petit house concluding that Mrs .. Petit must have alerted the authorities at the bank. Although recognizing that she was a victim of the crime, he nonetheless describes being overwhelmed by rage and. feelings of betrayal by her. He describes killing Jennifer Hawke-Petit by strangulation and thensexually penetrating her. Steven Hayes .stares, "1 see now I had options." ';I feel these people are dead fOT nothing. I 'made all the wrong tha~ces. t made the worst choices of my own .. " He poured gasoline in the Petit home believing Dr. and Mrs. Petit ana their children were already dead.

Steven Hayes, unlike Joshua Komisarjevsky, having no experience committing a home invasion crime, followed the lead of his codefendant. He describes having felt the loss of control over the situation as events unfolded and the plan unraveled. When told by Joshua Konfisarjevsky that he sexually assaulted one of the children and they and Dr. Petit are dead. Steven Hayes lost control over his emotions, behavior, and rational 'thought. He unleashed his rage resulting in the death and sexual penetration of JenniferHawke-Petit,

Following his arrest, Steven Hayes has been consistent in expressing his concern for the welfare of Dr. Petit, the Petit family, and his O\V!1 family. He has consistently expressed his desire to avoid a trial which would in his view cause unnecessary pain and suffering for Dr. Petit" the· Petit family, and his OVitt family. Steven Bayes has been obsessed ~1th these thoughts and ridden with guilt over what he has done, He has been depressed and Suicidal. and made several suicide attempts with the desire "to end his life, so as to prevent a public trial.

In summary> Steven. Hayes is an individual with a lengthy criminal history, which began in his adolescent years. He was raised in a dysfunctional homewith an alcoholic mother and a physically abusive father. He VV'aS sexualized during childhood. He developed a sexual fetishism. He experienced itas shameful and hid the behavior. He developed a pattern. af

Hayes, Steven

Page 27 of~7

avoiding responsibility for his bad and illegal behaviors. He turned to drugs and alcohol at an early age;. Marijuana gave way to a. severo problem ~'ith crack: cocaine abuse and dependence, The more crack cocaine be abused the more intense his sexual fetishism became. . Be was repeatedly arrested and incarcerated for crimes that appeared in part to. supporthis substance abusing and sexual fetishism behavior. He had no previous history of committing crimes involving a hOIJ;1e invasion, serious physical or sexual assault, OT death of a ;"Victim. It was in the context of his relapsed crack cocaine state of mindand desperation fer money that he agreed to participate in the horne invasion plan of Joshua Komisarjevsky. During the commission of the crime he followed the lead of his codefendant, The plan unraveled and he experienced a loss of control over the situation. Feelings of rage mid bciuly-w' overwhelmed him~ Following his arrest, Steven Hayes has been depressed, suicidal, and guilt ridden with thoughtsover what he has done.

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Respectfully submitted,

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iatry with Certification in me Subspecialty oJPoren.sic. Psychiatry,