Prosecutor responds to accusations that police lied in Dulos warrants
STAMFORD — Seeking to avoid a hearing into whether police misled a judge to obtain an arrest warrant against Michelle Troconis in connection with the disappearance of Jennifer Dulos, prosecutors on Thursday wrote that any attempt to review the evidence presented in police affidavits would be a “meaningless” waste of time.
The filing came one day before Troconis’ attorneys and prosecutors are set to appear before Superior Court Judge John F. Blawie to discuss pending motions, including one to dismiss evidence tampering charges. Troconis will not appear in court on Friday.
Troconis’ attorney, Jon Schoenhorn, filed the motion to dismiss those charges in January, arguing that State Police Detective John Kimball “recklessly disregarded the truth” and omitted facts in an affidavit used to secure charges against his client for allegedly helping to dispose of evidence in the case, court records show.
On Thursday, however, prosecutors wrote that Schoenhorn’s “self-serving interpretations” of Kimball’s account of Troconis’ involvement did not support tossing the charges or even holding a hearing to review the evidence.
“In truth, the warrant affidavits contain few real errors, and none of them are material to the magistrate’s findings of probable cause,” Assistant State’s Attorney Daniel Cummings wrote in the filing. “And correcting for these claimed falsehoods and omissions in the affidavits still leaves a staggering amount of unchallenged evidence pointing to Troconis’ guilt.”
Troconis, 47, is accused of helping to dispose of
evidence and trying to create an alibi for her former boyfriend, Fotis Dulos.
Fotis Dulos died by suicide in January 2020 while facing murder, kidnapping and other charges in connection with his estranged wife’s May 24, 2019 disappearance.
While Jennifer Dulos’ body was never found, authorities accused Fotis Dulos of “lying in wait” at her New Canaan home, where police later found evidence of a violent attack, including blood stains in the garage and kitchen sink, according to arrest warrant affidavits.
Later in the evening of her disappearance, Fotis Dulos was seen on security footage dumping garbage bags allegedly containing his estranged wife’s blood in bins around Hartford while Troconis sat in his black pickup truck, according to the affidavits.
Troconis has pleaded not guilty to charges of conspiracy to commit murder, hindering prosecution, tampering with evidence and conspiracy to commit tampering.
Fotis Dulos’ former attorney, Kent Mawhinney, has also pleaded not guilty to conspiracy to commit murder, and prosecutors said he will likely be called to testify against Troconis. Both Troconis and Mawhinney are free on bond.
In his motion to dismiss the tampering charges against his client, Schoenhorn argued that Kimball left out of the affidavit that Troconis was never seen exiting the truck in Hartford, along with other alleged omissions and misrepresentations.
Responding to that charge, Cummings wrote that the affidavit made clear that Fotis Dulos was the one seen depositing the
bags, and that no other explanation was given for Troconis’ presence by her attorneys.
“There is simply no logical explanation why Troconis would be there — why Dulos would allow her to be there — if she were not aiding him,” Cummings wrote in the filing.
Schoenhorn did not respond to requests for comment this week regarding the upcoming hearing.
Upon filing his motion to dismiss the charges earlier this year, Schoenhorn also released a video of his client offering to help detectives in their search for Jennifer Dulos. Schoenhorn said police also omitted that meeting from their affidavit used to charge Troconis with tampering.
“I can spend a month with you guys. I can do whatever you want, but I didn’t do it,” Troconis is seen saying in the video.