New DNA Evidence Disclosed In Jennifer Dulos Disappearance

NEW CANAAN, CT — The attorney for Michelle Troconis, one of the suspects charged with conspiracy in the presumed killing of Jennifer Farber Dulos, claims in new court filings that there is no proof his client's DNA was on key pieces of evidence in the case.

In a filing seeking an emergency hearing, attorney Jon Schoenhorn argues that "the 2020 warrant falsely avers that two swabs of the exterior of garbage bags recovered in Hartford showed a 'DNA match to Michelle Troconis.'"

However, a state forensic lab report does not conclusively state that her DNA was on the bags, according to Schoenhorn.

"In fact, the state forensic lab report of August 2, 2019 concluded that the first swab (for skin cells) was 'inconclusive' as to Ms. Troconis, and she 'cannot be eliminated' as one of four contributors in the second," Schoenhorn wrote in the court brief.

Troconis is accused of helping her former boyfriend, the late Fotis Dulos, dispose of bloody items in trash bags along a road in Hartford following Jennifer Dulos' disappearance May 24, 2019. Fotis Dulos, Jennifer Dulos' estranged husband, was charged with murdering her. He committed suicide in late January before he could stand trial. Jennifer Dulos' body has not been found.

Troconis is free after posting a $2.1 million bond in connection with the case. She is due back in court on Aug. 6, which Schoenhorn argues is far too long for his client to continue to be subject to certain conditions of her release.

"This is an emergency motion because the undersigned is unable to obtain a Superior Court hearing to modify any of these conditions, the case has been continued multiple times, and the Superior Court for the Fairfield Judicial District, which is currently handling Stamford cases, either can not – or will not – schedule this case, despite refiling of said motions in that court," Schoenhorn wrote.

The coronavirus pandemic has played a substantial role in Troconis' court dates being rescheduled because Stamford and other courthouses in the state were closed for more than two months.

When the emergency hearing request will be heard is not immediately known.

"The nonfinancial conditions directly and substantially interfere with the undersigned's and defendant's ability to investigate the allegations and prepare a defense and, after a full year, now constitute unreasonable detention and punishment without due process of law," Schoenhorn wrote. "The inability of the defendant to obtain review, let alone a hearing, is a constitutional violation that requires this court's intervention.

Schoenhorn argues that Troconis' house arrest — and forced-wearing of a GPS monitoring device for more than a year — has been unfair, along with other conditions that have made it difficult for her to participate in her defense. He adds that Richard Colangelo, Connecticut's Chief State's Attorney, is thus far "refused to consent to relaxation of any conditions."

In addition to having Troconis' GPS monitor removed and other conditions relaxed, Schoenhorn also is seeking to have the case moved from court in Stamford to one in Hartford.

Jennifer Dulos, a mother 0f five, was in the midst of divorcing Fotis at the time of her disappearance from her home in New Canaan, which is in the Stamford court's jurisdiction.

Troconis and an attorney friend of Fotis, Kent Mawhinney, are accused of assisting Fotis Dulos with the murder, in part by giving helping him create "alibi scripts" that prosecutors believe gave false accounts of his whereabouts at the time of Jennifer Dulos' disappearance.

Mawhinney remains in custody, unable to raise $2 million for his bond. His next court date is July 9.

"Michelle Troconis is merely charged with criminal offenses," Schoenhorn wrote. "She has pleaded not guilty, and remains innocent of any crime. Wholly aside from whether or not her cases are wrongly prosecuted in the Stamford Superior Court, and whether there was probable cause to arrest or sufficient evidence to proceed to trial, no facts justify any of the nonfinancial conditions imposed. For the reasons set forth in this petition, the defendant-petitioner requests that this Court grant relief."

The Dulos case:

• Fotis Dulos Dies After Suicide Attempt: Attorney
• 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
• The Haggling Over Fotis Dulos Estate Has Begun: Report
• CT Man Caught Trespassing At Fotis Dulos' Farmington Home: PD
• Jennifer Dulos' Killer Still At Large, Says Fotis Dulos' Family
• Finding Jennifer Dulos Remains '#1 Focus' For Chief Prosecutor
• Jennifer Dulos Was Never In 'Human Grave' Prosecutor Says: Report
• State Supreme Court Dismisses Dulos Gag Order Appeal