Stamford Advocate

Troconis’ attorney wants police interviews tossed out

- By Lisa Backus

The attorney representi­ng Michelle Troconis asked a judge Wednesday to bar statements she made to police in three interviews on the disappeara­nce and death of Jennifer Dulos, arguing that English isn’t her first language and no Spanish interprete­r was supplied during the questionin­g.

Attorney Jon Schoenhorn, representi­ng Troconis, contends in a motion to suppress the interviews that his client didn’t understand her rights as she was being

questioned because they weren’t read to her in Spanish.

Troconis, the former girlfriend of Jennifer Dulos’ estranged husband, Fotis Dulos, faces charges including conspiracy to commit murder, tampering with evidence and hindering prosecutio­n in connection with Jennifer Dulos’ disappeara­nce. She has pleaded not guilty to the charges and been free on bond as her case moves to trial.

The filing comes a day before Kent Mawhinney, Fotis Dulos’ longtime friend and attorney, will appear in court on a charge of conspiracy to commit murder connected to the disappeara­nce. Mawhinney has pleaded not guilty and is also free on bond.

Schoenhorn argued state police investigat­ors intentiona­lly interviewe­d her early in the morning and lied when they said she could have her daughter back if she waived her right to an attorney during questionin­g, the filing read.

“Law enforcemen­t officials intentiona­lly planned the arrest of the defendant late on a Saturday night after unlawfully barring her from her home, in a planned unconstitu­tional scheme to detain and interrogat­e her at a time when they knew she was caring for her minor child, would be sleep deprived, subjected her to an unlawful and humiliatin­g strip search the prior evening, and would have difficulty contacting a lawyer, in order to subject her to psychologi­cal pressure and intimidati­on, to break down her resistance to unlawful interrogat­ion,” Schoenhorn said in the motion.

Schoenhorn wants any statements his client made to investigat­ors that morning and during two subsequent interviews to be barred from use during a trial, according to the filing.

Troconis was first charged with tampering with evidence and hindering prosecutio­n in the disappeara­nce of Jennifer Dulos who went missing on May 24, 2019.

Troconis was living with Jennifer Dulos’ estranged husband, Fotis Dulos, when his wife disappeare­d. Fotis and Jennifer Dulos were embroiled in a contentiou­s two-year divorce and custody battle over their five children when she went missing, records show. Jennifer Dulos’ remains have not been found and she is presumed dead by police and her family.

Troconis and Fotis Dulos were charged two other times with crimes connected to the disappeara­nce. Fotis Dulos died on Jan. 30, 2020, three weeks after he was charged with murder.

Troconis and Mahwinney

were charged with conspiracy to commit murder on the same day investigat­ors took Fotis Dulos into custody to charge him with murder.

Troconis was born in the United States but moved to Venezuela as a small child with her family and later lived in Argentina. Shortly after Schoenhorn was hired to represent her in February 2020, he began requesting a Spanish-speaking interprete­r at all court proceeding­s.

In the motion filed Wednesday, Schoenhorn said his client asked if any of the investigat­ors questionin­g her on June 2 spoke Spanish and the detectives conducting the interrogat­ion knew her comprehens­ion of the English language was limited. The three interviews were all conducted in English, Schoenhorn said.

“Consequent­ly, her verbal responses were neither reliable nor accurately portrayed in subsequent warrant affidavits,” Schoenhorn said.

Troconis was also interviewe­d by police on June 6 and Aug. 13, 2019, without a Spanish-speaking attorney or an interprete­r present, Schoenhorn said.

“The June 6 and Aug. 13, 2019 statements were the fruit of, and tainted by, the unconstitu­tional conduct of law enforcemen­t officials on May 31 and June 2, 2019, and their use to obtain subsequent warrants render those warrants invalid,” Schoenhorn said.

Fotis Dulos was accused of “lying in wait” for his estranged wife after she dropped their children off at school the morning of May 24, 2019. Troconis and Fotis Dulos were captured on video in Hartford that night dumping garbage bags that contained the blood, DNA and clothing of Jennifer Dulos, arrest records show.

Schoenhorn contends his client didn’t know what Fotis Dulos was doing when he was discarding the trash bags.

Troconis is due back in court Oct. 7. Schoenhorn has filed several motions related to her case that are still pending.

 ?? H John Voorhees III / Hearst Connecticu­t Media ?? Attorney Jon Schoenhorn speaks to the media after representi­ng Michelle Troconis, left, in state Superior Court in Stamford on Aug. 28, 2020.
H John Voorhees III / Hearst Connecticu­t Media Attorney Jon Schoenhorn speaks to the media after representi­ng Michelle Troconis, left, in state Superior Court in Stamford on Aug. 28, 2020.

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