He lost his bid to toss the charges and boot the judge — but accused Connecticut home invasion fiend Joshua Komisarjevsky still looked like he was having a fine time in court today, even smiling and waving to his father in the audience.

Komisarjevsky is the accused mastermind in a 2007 break-in robbery that left 48-year-old pediatric nurse Jennifer Hawke Petit and her daughters, Hayley, 17, and Michaela, 11, murdered in their incinerated home 13 miles north of New Haven.

Only the family’s dad, endocrinologist Dr. William Petit — though beaten near death with a bat — escaped the flames prosecutors say Komisarjevsky set with Hayes.

Petit was present in court to hear the good news today. The capital charges against Komisarjevsky remain in play, despite defense lawyers’ arguments that it was Hayes who killed the mother and lit the fire. And a second judge rejected defense motions to dismiss New Haven Superior Court Judge Jon Blue from the case.

Prosecutors say both Komisarjevsky and Hayes were soaked in gasoline as when they were caught fleeing the burning house. Prosecutors say they are equally guilty. Jury selection begins next month.