New Haven , Connecticut ( CNN ) -- After months of jury selection and delays caused by the defendant 's alleged suicide attempt , the triple murder case against Steven Hayes , one of two accused in the killing of a Connecticut physician 's family , is set to begin Monday . Hayes , 47 , and his co-defendant , Joshua Komisarjevsky , 30 , are charged with capital murder , kidnapping , sexual assault , burglary , and arson in an alleged crime spree that resulted in the deaths of a doctor 's wife and two daughters . The two paroled felons are accused of breaking into the doctor 's home in the early morning hours of July 23 , 2007 , and terrorizing the family for hours before setting fire to the house . `` The case against Hayes appears strong . The real battle should be in the penalty phase , '' said Christopher Morano , who was part of the team that prosecuted Kennedy cousin Michael Skakel , and is now a Connecticut-based defense attorney . `` I expect the prosecution will present their evidence methodically , they 'll work to protect their case from any appellate errors and ignore the media and the behind-the-scenes political battle over the death penalty . '' Lawyers involved in the case are barred from talking to the media by a court-imposed gag order , so trial strategy and details of the crime have been kept under tight wraps . However those details could be made public during opening statements , as lawyers on both sides have moved to make them . While openings are routine in most states and typically serve as a road map to the evidence , they are not the norm in Connecticut , Morano said . `` Opening statements are usually up to the discretion of the judge , '' he said . Connecticut prosecutors usually start their cases with a witness who will set the scene . In this case that could be Dr. William Petit , the only survivor of the home invasion . Petit was beaten and bound during the attack . According to local newspaper accounts , he has been a vocal advocate for the death penalty in his quest for justice . His comments at one point drew protests from Hayes ' attorney , Thomas Ullmann , who complained to the court that Petit was trying to influence potential jurors . For legal reasons , Komisarjevsky will be tried separately . He and Hayes could face lethal injection if they are convicted of capital murder in the deaths of Jennifer Hawke-Petit and her two daughters . Hayes also is accused of raping and strangling Hawke-Petit and prosecutors have charged Komisarjevsky with sexually assaulting Petit 's 11-year-old daughter . Momentum to repeal Connecticut 's death penalty hit a snag last year when the state 's Republican governor , M. Jodi Rell , vetoed an abolition bill passed by the State 's House and Senate . Twelve jurors and seven alternates have been selected to hear the case against Hayes , which is expected to take up to three months .
David Hayes is one of two accused of killing a woman and her two children . The woman 's husband , who was shot but survived , received the death penalty . The attorneys have asked to make opening statements , which are not automatic in the state .