Hartford judge orders prosecutor to respond to Troconis’ attorney

Michelle Troconis’ attorney prevailed Monday when a Hartford judge ordered that the local state’s attorney respond in depth to a request for information related to two domestic violence cases filed against Kent Mawhinney, a co-defendant in the disappearance of Jennifer Dulos.

While the judge had stopped short of ordering the information be turned over immediately to Attorney Jon Schoenhorn, who represents Troconis, she told Hartford State’s Attorney Sharmese Walcott that she had a month to detail what information she had, what she didn’t and what she objected to releasing to Schoenhorn.

Schoenhorn’s motion for disclosure comes amid a broader effort to learn whether Mawhinney, who was charged with conspiracy to commit murder in connection with the disappearance, had cooperated with authorities or been offered a deal in exchange for his testimony against Troconis, filings show.

But ahead of the hearing Monday, Schoenhorn had written in court filings that Walcott had not responded to this request.

Troconis also was charged with conspiracy to commit murder. Both she and Mawhinney pleaded not guilty and are free on bond as their cases remain before a Stamford judge. Jennifer Dulos’ estranged husband Fotis Dulos died of suicide on Jan. 30, 2020, three weeks after he was charged with murder in the case.

“I do think you need to respond to this request for disclosure,” said Hartford Superior Court Judge Hope Seeley after listening to both attorneys during a hearing on the request Monday. Seeley said she wanted Walcott to clearly state what documents she had and didn’t have in her possession. “If that’s not in your possession, rather than argue about it, say you don’t have it,” Seeley said.

Mawhinney’s appearance Monday was for the two domestic violence charges before Seeley. The charges stem from incidents involving Mawhinney’s ex-wife as the pair’s divorce was pending in 2019, records show.

Schoenhorn wants all arrest reports and evidence in the domestic violence cases, along with any other evidence of a deal.

Schoenhorn contends he has a right to nearly all evidence in the domestic violence cases as he prepares to take his client’s case to trial. “I’m not asking for anything that isn’t being turned over to Mr. Mawhinney’s attorney,” Schoenhorn said.

Walcott told Seeley that she felt Schoenhorn should have filed his motion in Stamford Superior Court where the conspiracy to commit murder cases are proceeding.

But Walcott conceded that by law, Schoenhorn had a right to any documents or indication that a deal had been struck in her cases to gain Mawhinney’s cooperation in the case against Troconis.

“Of course, they should be turned over,” Walcott said.

Jennifer Dulos disappeared on May 24, 2019, after dropping her five children off at school, police reports said. Her remains have not been found and she is presumed dead by investigators and her family.

Mawhinney was already facing sexual assault charges in connection with an incident that occurred with his estranged wife in South Windsor when Jennifer Dulos disappeared, court documents show. Mawhinney was later charged with violating a protective order barring him from contact with his estranged wife.

Both cases are still pending in Hartford Superior Court even though it’s been three years since Mawhinney’s arrest on the sexual assault charges. His divorce was finalized in December of 2020. Mawhinney’s conspiracy to commit murder case was placed on the trial list on Jan. 18.

Mahwinney was initially held on $2 million bond for months until October 2020 when his bond was reduced to $246,000. Mawhinney’s release came weeks after he was interviewed by state police about Jennifer Dulos, Schoenhorn said in court papers.

“He made statements to save his own skin,” Schoenhorn said of Mawhinney’s interview with state police.