New Haven Superior Court Judge Jon Blue ruled last week the witness list would be released Thursday unless lawyers for Joshua Komisarjevsky successfully appeal.
The defense argued that potential witnesses fear harassment and threats if their names are publicized, jeopardizing Komisarjevsky's right to a fair trial.
Blue said witness lists are ordinarily public and the defense hadn't proven the need to keep it sealed.
Hayes was sentenced last year to death. Komisarjevsky's trial starts in September.