Attorney: Time’s up for ruling on Troconis’ GPS device
STAMFORD — The attorney representing Michelle Troconis has asked the state Appellate Court to intervene again after a Superior Court judge failed to issue a ruling on the motion to remove her GPS unit in two weeks.
Attorney Jon Schoenhorn has argued that his client, charged with conspiracy to commit murder and other offenses in the death and disappearance of Jennifer Dulos, should not be required to wear a GPS unit.
Schoenhorn claims it has hampered Troconis’ ability to participate in her own defense and the court restrictions have caused his client to give up custody of her daughter, who is now living in Argentina with her father.
“Her adolescent daughter who lived with her but was away at boarding school was forced to leave last winter and move to Argentina with the child’s father, because she was on house arrest in a small apartment, and could not attend to the child’s needs,” Schoenhorn said.
The only reason her daughter moved was because of the nonfinancial court conditions, Schoenhorn said.
“Because the court did not issue its written ruling by Sept. 11, the defendant remains unaware of any reason why the $2.1 million in combined surety bonds guaranteed by property of her parents, is insufficient to ensure future (court) appearances,” Schoenhorn said.
Chief State’s Attorney Richard Colangelo Jr., who is prosecuting the case, opposes modifying the restrictions, Schoenhorn noted in his motion to the Appellate Court.
Schoenhorn contends that Stamford Superior Court Judge John Blawie, who ordered Troconis
to be on 24-hour monitoring, said he would issue a ruling on the GPS unit by Sept. 11. But Blawie has not yet issued a decision.
Schoenhorn filed a motion with the Appellate Court Monday, asking the jurists to intervene by either reviewing Blawie’s decision to keep his client on electronic monitoring during the Aug. 28 proceedings or exercising its own authority “to grant relief.”
Troconis has been released on $2.1 million bond, but under restrictions since her first arrest in June 2019 on tampering with evidence and hindering prosecution charges. She is accused of helping Fotis Dulos dispose of bloody items that contained the DNA of his estranged wife who vanished May 24, 2019.
Attorney Kent Mawhinney, a longtime friend of Fotis Dulos, has also been charged with conspiracy to commit murder in the case. He is being held on $2 million bond.
Troconis and Mawhinney have each pleaded not guilty.
Fotis Dulos died from an apparent suicide in January as he faced murder and other charges in the case.
Troconis hired Schoenhorn a few days after her former boyfriend’s death. Schoenhorn has since filed a series of motions, many of which have not been heard due to the coronavirus pandemic slowing court operations.
A review of the court transcription of the Aug. 28 proceedings, which Schoenhorn attached to his motion, shows Blawie did not indicate a specific date for his ruling on the GPS device.
The first time it’s mentioned, Blawie said he would issue a written decision “shortly, given the importance of these issues to the parties.”
Blawie later said he’d issue the ruling in the “next couple of weeks, I’m not going to take 120 days,” he said. During a third reference, Blawie told the court he’d issue the ruling by midSeptember.
This is the third time Schoenhorn has sought intervention from the Appellate Court — with mixed results. The first time he asked the Appellate Court to rule on several motions he had filed in Superior Court, asking for a change of venue for his client’s cases and to have the GPS unit removed.
The Appellate Court declined to issue a decision, citing it had no jurisdiction since the lower had not yet heard oral arguments. Like thousands of defendants around the state, Troconis’ court proceedings have been stalled due to the coronavirus pandemic.
Schoenhorn filed a second appeal with the Appellate Court in late July after being notified his client’s cases had been continued to Oct. 1. The Appellate Court responded that time by instructing the Judicial Branch to move Troconis’ cases to August.
It was during the August court date that Blawie loosened some of the restrictions placed on Troconis, but declined to rule on the GPS until he issued a written decision.
Troconis is scheduled to appear remotely for a court appearance on Oct. 1.