Troconis denied hearing to remove GPS
STAMFORD — The state Appellate Court has denied Michelle Troconis’ request for an emergency hearing to have her electronic monitoring device removed.
The Appellate Court has agreed with prosecutors that it has no jurisdiction over Troconis’ pending criminal cases in the death and disappearance of Jennifer Dulos and any motions regarding the proceedings are still before the state Superior Court.
The motions were denied as “untimely” and the Appellate Court can only step in if the motions were denied by a Superior Court judge — which has not happened, the order said.
“Under the circumstances of this case, the motion to modify has not been denied,” the order said.
Defense attorney Jon Schoenhorn, who began representing Troconis in February, said Friday he will discuss the next steps with his client.
“Since the lower court orders were entered before I was involved, I was hoping the Appellate Court would suspend its rules and allow constitutional issues to be raised,” he said. “The fact that the state criminal courts remain closed for everything except new arrests is a source of endless frustration for the criminal defense bar. I will discuss the next step with Michelle. A federal petition is one option.”
Schoenhorn filed the motion on June 17 with the Appellate Court, seeking to remove the stipulation that his client is required to wear electronic monitoring at all times as a condition of her release on $2.1 million bond while facing charges in the Jennifer Dulos case.
Schoenhorn has filed several motions in state Superior Court for the same request, but only priority matters have been heard since March due to the COVID-19 pandemic.
In his response to Schoenhorn, Senior State’s Attorney Ronald Weller, of the Appellate Unit of the Chief State’s Attorney’s Office, said in a filing with the Appellate Court on Monday that Troconis is seeking “preferential treatment” while others who are incarcerated have not been able to get a bond hearing.
“The petitioner minimizes the enormity of the disruption to our court system that this global pandemic has wrought,” Weller said. “She has already had her day, and in fact several days, in court on her bond conditions.”
Schoenhorn is arguing the electronic monitoring device is interfering with his client’s right to a fair trial because prosecutors can see her movements as she helps prepare her defense.
Troconis has been charged with conspiracy to commit murder, tampering with evidence and hindering prosecution in the case and is next scheduled to appear in state Superior Court in Stamford on Aug. 6.
During her last court appearance on Feb. 5, Superior Court Judge Gary White lifted some restrictions by expanding the conditions for Troconis to leave her house, Weller pointed out in his response.
However, White said Troconis must continue to wear the electronic monitoring device at all times. The Appellate Court agreed with Weller’s contention that Schoenhorn should have filed an appeal with the Appellate Court within 10 days of White’s decision.
The Appellate Court also agreed with Weller’s claim that the higher court has no jurisdiction over Schoenhorn’s request since the Superior Court has not yet heard his earlier motions on the same topic.
The Appellate Court “can only modify or vacate an order by the trial court,” Weller said.
“The trial court, however, has not yet ruled on the March 17 motion to review bail conditions, and therefore, there is no trial court order for (the Appellate Court) to modify or vacate,” Weller said in his response.
Many court operations, including bond hearings, have been conducted remotely in recent weeks, Judicial Branch officials told state legislators this week. It is unclear whether Troconis’ hearing in August will be held in person or by video and if the judge will consider Schoenhorn’s motions during that appearance.
Her former boyfriend, Fotis
Dulos, died from an apparent suicide on Jan. 30 while facing murder and other charges in the death and disappearance of his estranged wife, Jennifer Dulos, who vanished May 24, 2019. The 50-year-old mother of five is presumed dead by police based on blood evidence found in the garage of her New Canaan home where they believe she was attacked, according to arrest warrants.
Kent Mawhinney, a former attorney and friend of Fotis Dulos, has also been charged with conspiracy to commit murder. Mawhinney is being held in lieu of $2 million bond and his court appearance this week in state Superior Court in Stamford was continued to Sept. 3.