Attorney in Dulos case wants autopsy report, financial records
The attorney representing Michelle Troconis is calling for sanctions and the charges to be dismissed against his client, while contending the prosecution has not turned over reams of evidence in the investigation into the death and disappearance of Jennifer Dulos.
Defense attorney Jon Schoenhorn filed a third “motion to compel” last week, seeking dozens of items, including the autopsy report from the death of Fotis Dulos, any documents and photos related to a recent search at an Avon home, “intentionally withheld” notes, reports, statements or recordings and a detailed index, spreadsheet or table of contents itemizing all reports, statements and evidence collected as part of the investigation.
Schoenhorn also wants a financial report of the public resources expended on the case, including the cost of paying prosecutors, testing evidence and any budget or payroll items and the f amily court study conducted as part of the Dulos divorce and custody proceedings, which has been sealed for several months.
“Although the state provided massive discovery in May and August 2020, it still has not complied with its duty to provide all necessary discovery to the defendant,” Schoenhorn wrote in the motion. “The delay continues to interfere with the defendant’s ability to prepare for trial, resulting in an inordinate delay.”
As a result, Schoenhorn wants the court to “preclude certain categories” of evidence that would be prohibited from being presented during a trial.
“Because the state has not complied with its obligations to produce this evidence, the defendant seeks sanctions, including exclusion of evidence, preclusion of witnesses and/or dismissal of the case,” Schoenhorn said.
In his latest motion, Schoenhorn is seeking various videos, recordings and reports related to the three sets of charges that his client is f acing. Troconis is on GPS monitoring while charged with conspiracy to commit murder, tampering with evidence and hindering apprehension. She has pleaded not guilty to the charges.
Fotis Dulos f aced murder, kidnapping and other charges when he died Jan. 30 from an apparent suicide. Police said Fotis Dulos was “lying in wait” when his estranged wife returned to her New Canaan home after dropping off their five children at school on May 24, 2019, according to his arrest warrant.
Troconis is accused of helping to create an alibi for Fotis Dulos on the morning of the disappearance. Later that night, police said Troconis was seen in Hartford with Fotis Dulos, who was caught on surveillance videos dumping bags that were later determined to contain his estranged wife’s blood and clothing, arrest warrants state.
Troconis is also accused of helping Fotis Dulos clean a pickup truck police said was used in the crime, according to her arrest warrant.
Schoenhorn wants all DNA testing reports on several items connected to the truck and the garbage bags found in Hartford as well as blood stains discovered on the mudroom doorknob and f aucet at Jennifer Dulos’ home, swabs from her Chevy Suburban and lab reports from swatches of carpeting connected to the case.
He also wants all notes and reports from police K-9 searches performed during the investigation and any police reports, logs, photographs or videos of his client gathered before June 1, 2019 when she was first arrested.
Troconis is due to appear in court remotely on Nov. 13.
Kent Mawhinney, a longtime friend and former attorney for Fotis Dulos, has pleaded not guilty to conspiracy to commit murder in the case. He has been jailed in lieu of $2 million bond since his January arrest. However, a Superior Court judge last week granted his conditional release on $246,000 cash and real estate bond so he can visit his dying f ather in Florida.
As of Monday, Mawhinney remained held at the Cheshire Correctional Institution as he awaits a court date to post his bond. Like Troconis, Mahwinney will be on GPS monitoring while free on bond.