Prosecutor, Defense Lawyer Seek Other's Disqualification In Dulos Case

STAMFORD, CT — The prosecutors in the Michelle Troconis case are seeking to have her defense attorney Jon Schoenhorn disqualified from the case, and on Tuesday, Schoenhorn filed a similar court motion seeking to have the prosecution disqualified, too.

Troconis is one of two remaining suspects in the disappearance of Jennifer Farber Dulos, the New Canaan mother-of-five who vanished from her home on May 24, 2019. Her body has not been found, and she is presumed to be dead.

Prosecutors filed a motion last week seeking Schoenhorn's disqualification because he had obtained potential evidence in the case, a sweatshirt, but has thus far refused to disclose how he got it and from whom. As a result, the state said it may call him as a witness in the case, which prosecutors claim should disqualify him from representing Troconis.

The sweatshirt is believed to be an item of Pawel Guminenny's, a former employee of Fotis Dulos' home building business. The late Fotis Dulos was Jennifer Dulos' estranged husband, who was accused of kidnapping and murdering her, even though she has not been found.

The couple were in the midst of a contentious divorce and child custody fight at the time of her disappearance.

Fotis Dulos died in January 2020 following a suicide attempt; he never stood trial for the crimes for which he was accused.

Prosecutors believe Fotis Dulos used Guminenny's pickup truck during the commission of the crime, driving to and from New Canaan from Farmington on May 24, 2019. He tried to have the truck cleaned soon after, and also had seats replaced in the vehicle.

"In the present case, Schoenhorn certainly is the only person who can provide answers to the care and custody of the sweatshirt while in his possession and whether the sweatshirt was appropriately preserved or subjected to contamination in any way," prosecutors wrote in the motion.

Schoenhorn argues that the prosecution is "desperate" in its attempts to have him disqualified.

"Moreover, to the extent that counsel possesses any information relevant to the state’s case, it is obvious that it derives solely from either discovery provided by the state, the attorney-client privilege and/or the attorney work-product doctrine," Schoenhorn wrote in his objection brief. "Either way, there is [not] a scenario under which counsel will divulge any information on the stand and this desperate ploy by the State’s Attorney’s Office only reveals the weakness of its case."

In his motion to disqualify prosecutors in the case, Schoenhorn argues that they and law enforcement broke the attorney-client privilege between him and an attorney representing him in the turning over of the sweatshirt. In the box that the sweatshirt was in was a letter between Schoenhorn and attorney Tara Knight, who was representing Schoenhorn.

"The state's attorney's motion was filed over 18 months after reviewing the letter with the intent to deprive Ms. Troconis of her right to chosen counsel by claiming that Attorney Schoenhorn was a witness to the origin of the sweatshirt, based on the contents of the unlawfully seized communication," Schoenhorn wrote.

In addition to having the prosecutors removed, Schoenhorn is also seeking to have Troconis' case moved out of Stamford Superior Court, something that the Hartford-based attorney has sought in the past.

The two disqualification motions are scheduled to be addressed during a hearing on Nov. 29.

On Tuesday, Troconis and her family appeared in person in court for the first time in more than a year; recent hearings had been conducted remotely.

Troconis has pleaded not guilty to the conspiracy to commit murder charge she faces, and she did not speak to the media when leaving court.

The Dulos case

• Michelle Troconis' Attorney Files Dulos Brief With CT Supreme Court
• Mystery Continues 3 Years After Jennifer Farber Dulos' Disappearance
• 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