Missing Mom Case: Fotis Dulos' Lawyer Seeks Dismissal Of Charges

STAMFORD, CT — Norm Pattis, the attorney for accused husband Fotis Dulos, has filed a motion in Stamford Superior Court to have charges against his client dismissed in connection with the disappearance of Jennifer Farber Dulos, reports Fox 61.

Wednesday marks the two-month point in the disappearance, and Pattis essentially argues that charging his client with evidence tampering and hindering a prosecution are not fair because Fotis Dulos has not been charged with an underlying crime to establish the tampering violation.

"We are hopeful that the judge reviewing this motion will do what the state never did: Put respect for the rule of law ahead of passion," Pattis said in a statement to Patch. "This prosecution is a product of haste and misplaced priorities."

The following is from the court filing, obtained by Fox 61:

The defendant stands charged with two crimes that have no basis in the evidence or law. First, the charge of Hindering Prosecution is faulty on its face, there is simply no accompanying Felony charge that is statutorily required for the state to prove its case. Second, the charge of tampering with evidence finds no support in our case law, there is no evidence to support that the defendant knew that an official proceeding was imminent. Furthermore, the charge is logically inconsistent as the State has not charged the defendant with any underlying crime for which he was tampering evidence. This is telling, as the State, faced with a media firestorm, has clearly put the cart before the horse in charging the defendant.

The State’s willingness to sacrifice the defendant’s constitutional liberties in hopes of acquiring some evidence against him in the future simply cannot stand. Based on the lack of any supporting evidence produced by the State, the defendant respectfully requests that the charges against him be dismissed.

Jennifer and Fotis Dulos were in the midst of a contentious divorce and custody battle over their five children at the time of her disappearance.

Fotis Dulos' next scheduled court date is Aug. 9. His ex-girlfriend, Michelle Troconis, who also was arrested on the same charges, is separately scheduled to appear in court on Aug. 19.

Click here to read the full story on the Fox 61 website.