The Register Citizen (Torrington, CT)
Prosecutor: Turn down Troconis’ ‘preferential treatment’ request
STAMFORD — The chief state’s attorney’s office says the Appellate Court should deny Michelle Troconis’ request for “preferential treatment.”
But her defense attorney isn’t buying the state’s contention that the coronavirus pandemic has hampered court functions and delayed a judge from hearing his request to remove Troconis’ electronic monitoring device.
“When the state argues that the Appellate Court should ignore violations of the constitution because its rules don't anticipate pandemics, that should frighten us all,” defense attorney Jon Schoenhorn said. “I hope that the Appellate Court draws back the curtain, sees through the state's intransigence, and recognizes that where there is a right, there must also be a remedy.”
Schoenhorn wants the Appellate Court to remove the stipulation that Troconis must wear electronic monitoring at all times as a condition of her release on $2.1 million bond while facing charges in the death and disappearance of Jennifer Dulos.
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 pandemic.
In his response to Schoenhorn on Monday, Senior State’s Attorney Ronald Weller, of the Appellate Unit of the Chief State’s Attorney’s Office, said 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. Weller contends Schoenhorn should have filed an appeal with the Appellate Court within 10 days of White’s decision.
Schoenhorn also did not include the transcript of the court proceedings with the appellate review request, which was filed on June 17 so there is insufficient information to consider a ruling, Weller said.
The senior state’s attorney also contended that the Appellate Court has no jurisdiction over Schoenhorn’s request since the lower 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 on Monday. 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.
The Appellate Court has not indicated whether a ruling on Schoenhorn’s request will be provided before Troconis’ next court 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 is scheduled to appear Wednesday in state Superior Court in Stamford.