Michelle Troconis' Lawyer Says Homicide Charge Possible: Filing

NEW CANAAN, CT — The attorney for Michelle Troconis, the accused ex-girlfriend of also-accused Fotis Dulos in the disappearance of Jennifer Farber Dulos, is continuing the fight for his client not to have to answer deposition questions in a civil case against Fotis Dulos.

In a Hartford court filing this week, Westport attorney Andrew Bowman argues that Troconis has to invoke the Fifth Amendment to avoid self-incrimination because a serious additional charge maybe pending.

"In addition, law enforcement's investigation concerning the disappearance of Jennifer Dulos has not concluded," Bowman wrote in the brief. "It is a continuing investigation, which may or may not result in a homicide charge or in a conspiracy charge."

Jennifer Farber Dulos, who was in the midst of divorcing Fotis Dulos, has been missing since May 24, and a police warrant spells out how authorities believe she may have died. Troconis and Fotis Dulos have been charged with evidence tampering and hindering a prosecution, but not with murder. Now both of their attorneys believe that that charge could come next.

Troconis was deposed in the civil case filed by Gloria Farber, Jennifer Dulos' mother, over money she claims her and her late husband loaned to Fotis Dulos to help his luxury home building business. He maintains the millions of dollars were gifts.

In a separate but related matter, the nanny for Jennifer and Fotis Dulos' children, Lauren Almeida, does not have to give a deposition in the civil case at this time, a judge ruled. Farber's attorneys sought to speak with Almeida about Fotis Dulos' business and finances; the possibility of Almeida being deposed remains open.

Bowman argues that the answers to some of the questions posed to Troconis could be used against her in the criminal case; many of the questions involve Fotis Dulos' finances. But because Troconis was involved with him both professionally and personally — in addition to being charged with him in connection with the disappearance — Bowman argues answering the questions could prove problematic.

"There is nothing hypothetical about the charges that have been brought to date, but there is uncertainty about the charges that could be brought in the future," Bowman wrote.

When a judge might rule on this motion is not known. Troconis is due back in Stamford Superior Court on Dec. 6 in connection with the criminal case.