Court Rules Against Michelle Troconis In Jennifer Dulos Case

STAMFORD, CT — As her attorney this week filed another motion seeking discovery evidence, Michelle Troconis lost a legal ruling when a judge denied her request to have some charges dropped in the Jennifer Farber Dulos disappearance case.

Troconis and fellow suspect Kent Mawhinney have been charged with conspiracy to commit murder in connection with the case. She also is facing additional charges, such as tampering with physical evidence and hindering a prosecution.

Attorney Jon Schoenhorn, who represents Troconis, sought to have those additional charges dismissed, in part due to errors in the arrest warrant. Among those errors, state police Detective John Kimball wrote that Troconis was seen on surveillance video leaning out of a pickup truck, either placing something on the ground or picking something up.

The detective also wrote that Fotis Dulos, Jennifer's estranged husband at the time, was driving the Ford Raptor truck and that he stopped 30 times to dispose of garbage bags along Albany Avenue in Hartford.

However, Schoenhorn claims the truck is shown only stopping three times, not 30, and no video evidence exists of his client leaning out of the truck, which implied that she assisted Fotis Dulos.

Stamford Superior Court Judge Gary White ruled that the errors do not appear to be intentional or reckless but were "simply inadvertent."

Jennifer Dulos, a 50-year-old New Canaan mother of five, vanished from her home on May 24, 2019, and she is presumed to be dead, based in part on blood and other evidence found in the garage of her home.

Her body has not been found, and Fotis Dulos was accused of kidnapping and murdering her. Prosecutors said they believe Troconis and Mawhinney assisted him in the crime.

Fotis Dulos never stood trial for the crime, because he took his own life in January 2020.

"The court finds that [Troconis] fails to establish that Detective Kimball's misstatement was intentional or reckless, as opposed to simply inadvertent," White wrote in his ruling. "Furthermore, assuming arguendo that the defendant had properly established that this false statement was intentionally or recklessly included in the affidavit, whether the Raptor made thirty—as opposed to three—stops along Albany Avenue is wholly immaterial to a finding of probable cause. As the state persuasively notes, no issuing magistrate would conclude that thirty stops to dispose of allegedly bloody evidence is sufficient to establish probable cause, whereas three—or even one—is not."

Troconis' next scheduled remote court hearing is Tuesday. In the meantime, Schoenhorn separately filed another motion this week for the court to order the prosecution to turn over certain discovery evidence.

"This is the fifth motion to compel discovery of material that has been promised to the defendant over the course of two years, and some of which has existed and in the possession of the state or its law enforcement agencies for nearly three years," Schoenhorn wrote.

Schoenhorn said he is still waiting to receive certain electronic evidence, such as Troconis' confiscated cell phone and computer; certain DNA evidence; and information on a Department of Homeland Security investigation in the case, among other materials.

The federal agency probed the possibility of "certain Greek nationals," who may have been involved in Jennifer Dulos' disappearance. Schoenhorn did not elaborate on this information.

"These repeated delays, outside the defendant's control, continue to cause substantial interference with counsel's ability to prepare a defense, and to date have precluded any meaningful opportunity for the judicial pretrial discussions about the scope of the cases, the potential for resolution, or trial scheduling." Schoenhorn wrote. "In short, the defendant cannot determine what evidence is objectionable or admissible if she does not know what exists."

The Dulos case:

• Jennifer Dulos Case: New Updates As Mystery Remains Unsolved
• New DNA Evidence Disclosed In Jennifer Dulos Disappearance
• New Documentary Explores Jennifer Dulos Murder Mystery
• Law Enforcement Convinced Someone Knows Where Jennifer Dulos Is
• Troconis Family Issues New Statement In Jennifer Dulos Case

• Michelle Troconis Had Expired Passport, Contact With Fotis: State
• Jennifer Dulos Case Search Warrants: Fotis Tried To Run Her Over
• 6 Facts About Jennifer Dulos Murder Case
• Warrant Details Possible Motive On Why Jennifer Dulos Was Killed And Why Police Believe She Is Dead
• 2 Of 3 Suspects Bond Out In Jennifer Farber Dulos Murder Case