A judge has decided that a jury was fair in deciding that a man should be executed for a home invasion that left a woman and her two daughters dead.

Lawyers for Steven Hayes had argued that the jury was swayed by emotion after hearing and seeing gruesome testimony. Jurors condemned Hayes to death on Nov. 8.

New Haven Superior Court Judge Jon Blue on Friday denied defense lawyers' motion seeking a new trial, new penalty phase hearing or a sentence of life in prison without the possibility of parole.

The judge says the jury wasn't "driven by passion and prejudice." Public defender Thomas Ullmann says he believes the same issues will come up on appeal.

Another defendant, Joshua Komisarjevsky, is set to go on trial next year for the killings in the town of Cheshire.

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