By Michelle Tuccitto Sullo
New Haven Register
NEW HAVEN, Conn. — One of the men convicted in the 2007 Cheshire home invasion and triple homicide is suing state Department of Correction officials, claiming his rights are being violated because he isn’t being given a kosher diet in prison.
Steven Hayes, 51, who is on death row at Northern Correctional Institution in Somers, filed the hand-written civil rights complaint in U.S. District Court against the Rev. Anthony Bruno, director of religious services; wardens Edward Maldonado and Angel Quiros, and members of the Religious Review Committee.
In his complaint, Hayes describes himself as an orthodox practicing Jew, and claims he has been denied a kosher diet, which he has been requesting since May 2013. The complaint seeks to ensure that all Jewish prisoners have access to kosher food.
“This continuous denial of a kosher diet is a clear violation of my First Amendment right to freely practice my religion of choice, Judaism,” Hayes wrote.
Hayes further alleges that denying him access to a kosher diet is a violation of his Eighth Amendment right, as it represents cruel and unusual punishment because he is forced to eat non-kosher food in order to survive.
Karen Martucci, acting director of external affairs with the state Department of Correction, said the lawsuit has been referred to the Attorney General’s office to handle, and she declined to comment further.
Jaclyn Falkowski, director of communications with the Office of the Attorney General, said Thursday, “We are reviewing the complaint and will respond at the appropriate time in court.”
Public Defender Thomas Ullmann, who represented Hayes at trial, said he is pleased Hayes “has some spiritual interest and is occupying his mind.”
“He has been consulting and speaking with a rabbi, and has been asking for more time with the rabbi,” Ullmann said.
Ullmann called Hayes’ desire for kosher food outlined in the lawsuit a “legitimate request.”
“I am happy he is finding some spiritual solace,” Ullmann said.
According to Ullmann, death row inmates have very little to occupy their time.
“This is what being on death row does — people are sitting in their cells, not doing anything, so filing federal lawsuits is the kind of thing that happens,” Ullmann said.
Hayes was convicted of felony murder and other counts for the July 23, 2007, home invasion, which resulted in the deaths of Jennifer Hawke-Petit and her children, Michaela, 11, and Hayley, 17. The lone survivor of the attack, Dr. William Petit Jr., was severely beaten, but was able to escape.
Hayes sexually assaulted and strangled Hawke-Petit. His accomplice, who is also on death row, Joshua Komisarjevsky, sexually assaulted Michaela. The house was set on fire, and the two girls, who were tied to their beds, died of smoke inhalation. The two men were captured as they attempted to flee.
In his complaint, Hayes alleges he has lost weight because his access to acceptable food is limited. Hayes objects to the same cooking pots and pans being used for non-kosher and kosher meals.
“I have been suffering almost starvation for the past year,” Hayes wrote.
Hayes is seeking a trial by judge on the issue, and he asks for an injunction so the Department of Correction will provide pre-packaged kosher meals to all Jewish prisoners in Connecticut’s prisons. Hayes also seeks $15,000 in punitive and compensatory damages for “intentional infliction of pain, suffering and resulting weight loss from the deliberate denial of a kosher diet.”
State’s Attorney Michael Dearington, who prosecuted the criminal case, declined to comment on Hayes’ litigation.
“We are not responsible for Department of Correction protocol,” he said.
Cheshire Police Chief Neil Dryfe also declined to comment.