Fotis Dulos Seeks Dismissal Of Charges, Warned About Interview

STAMFORD, CT — A court judge warned Fotis Dulos on Friday that a gag order in the case about his missing wife, Jennifer Farber Dulos, remains in effect, after the prosecution called him out over a recent interview in a Greek publication.

Fotis Dulos, and defense attorney Kevin Smith, were back in Stamford Superior Court before Judge John Blawie seeking to have the charges of evidence tampering and hindering a prosecution dismissed. Smith appeared in court with Dulos because lead defense attorney Norm Pattis had a scheduling conflict.

In addition to the dismissal of the charges, Smith argued that the gag order should be removed after State's Attorney Richard Colangelo told Blawie that the interview in the Greek-language news magazine "Proto Thema" violated the judge's order.

In the interview, Fotis Dulos says that his estranged wife "was suffering from serious psychological problems," a statement to which Colangelo objected.

"It is a contradiction to your order," Colangelo said.

Smith countered his client was merely stating that he was aware of his wife's mental state, and was not violating the order, adding that the questions from the magazine were vetted by attorneys to ensure that the interview didn't delve into facts about the case.

Blawie, however, was not buying it and issued a warning to Smith and Dulos.

"There are exceptions in the order, but I don't see how discussing your wife's mental state falls under any of the exceptions," Blawie said. "The order is still in effect."

Pattis has filed an appeal to the state Supreme Court to have the gag order lifted, and that motion is pending.

Mother-of-five Jennifer Dulos has been missing since May 24, and in addition to her estranged husband, his ex-girlfriend, Michelle Troconis, also has been charged in connection with her disappearance. Troconis separately is due in court on Friday afternoon for a pre-trial status hearing.

On Friday, Colangelo also argued that the motion to dismiss should be denied because the charges were based on a warrant that a judge had signed because that jurist had found cause for the charges.

Smith said that the hindering charge "requires another felony" charge, of which there currently is none, adding that the tampering charge is unconstitutional because the activity his client is accused of - throwing away items - in and of itself is not illegal.

"The prosecution does not have what they claim to have," Smith said.

"There is no requirement that we have to claim a predicated offense," Colangelo said.

Fotis Dulos and Troconis are accused of throwing away several items in the Hartford area following the disappearance, many of which later tested positive for Jennifer Dulos' blood.

Blawie did not rule on Friday, and set the next date in the case for Nov. 6.