Attorney: Custody battle was having ‘adverse effect’

Dulos’ relationship with Troconis discussed on 22nd day of trial

The 22nd day of the criminal trial for Michelle Troconis centered around the custody battle between Jennifer Farber Dulos and Fotis Dulos, including testimony from an attorney about how it was impacting the relationship between Dulos and Troconis. A report that was part of that custody battle became a point of controversy in court Thursday afternoon.

Attorney Michael Meehan, who was a guardian ad litem appointed to the five Dulos children in 2019, testified Thursday morning that the divorce and custody battle between Farber Dulos and Dulos was having an “adverse effect” on Dulos’ relationship with Troconis and that Dulos sounded “excited” after his wife disappeared.

Troconis is charged with allegedly conspiring with Dulos to kill his estranged wife and helping to cover up his crimes.

Meehan testified that Dulos had, for a time, been prevented from having any contact with his children. But in the months leading up to his wife’s disappearance, he was allowed supervised visits under a custody order that barred Troconis, his then-live-in girlfriend, and her daughter from being around the Dulos children.

Meehan told the jury about a conversation he had with Dulos and Troconis in March 2019 that centered around that custody order.

Reading the notes he made after that call, Meehan said Dulos was “upset” and “concerned” about the custody arrangement.

Troconis, he said, was calm but “down” about the restrictions.

“Mr. Dulos was upset because the court didn’t grant immediate access between Michelle Troconis and (her daughter) and the minor children,” Meehan wrote.

He said Dulos was questioning whether he could keep on with the litigation of their divorce and custody battle due to how it was effecting his life with Troconis.

“Mr. Dulos was concerned and didn’t know if he could continue on with the litigation, because it was having an adverse effect on his relationship with Michelle.”

Dulos asked Meehan if he could speak with Troconis directly and he agreed. The two spoke for about five minutes, he said.

“She was down as well. She was frustrated,” Meehan said. “She had expressed disappointment and really just a lack of understanding as to why the court had not allowed access between her and the children.”

Reading from his notes, Meehan said “Michelle wanted to know what she had done to cause the court to order that she not be permitted to be in contact with the children.”

He said he informed her that the court proceedings were creating “a pathway” for eventually reintroducing Troconis and her daughter to Dulos’ kids and asked if she had ever met Farber Dulos.

Troconis said she had never met her then-boyfriend’s wife, but “would be open to speaking with her or meeting her for coffee to discuss being reintroduced to the children.”

He said Troconis said that she “didn’t move here for all this” and didn’t have such a contentious relationship with her own ex-spouse. She also said she felt bad for the children.

Later Thursday, following Meehan’s testimony, Assistant Supervisory State’s Attorney Michelle Manning said that prosecutors were handed a note advising them that one of Farber Dulos’ close friends spotted what was believed to be a custody report — that has been sealed by the court — on Troconis’ laptop during court proceedings Thursday.

Judge Kevin A. Randolph said a contempt hearing might be in the future after prosecutors raised the concern.

Randolph said that “if that custody report is being disseminated, and if it’s being disseminated essentially with the involvement of the defendant,” the court would have to act.

“Because then it’s a violation of the court order and then there would have to be a contempt hearing,” he said.

The court is expected to take the issue up first thing Friday morning.

Earlier, during the cross-examination with Meehan, defense attorney Audrey Felsen asked Meehan if he was aware that Troconis might be planning to move out of state because of the divorce and custody battle.

He said yes and agreed that the situation was “disappointing” to her and she “didn’t want to be around it.”

Outside the courthouse on Thursday, Troconis’ parents declined to comment on whether Troconis was planning to leave Connecticut.

“She had us in Miami so she knew that at any time she could go there, but I don’t know that’s something that you need to ask her,” they said. Troconis, standing nearby, did not comment.

Also during cross-examination, Felsen asked if a custody report was completed in 2019.

Meehan said yes and testified that that Dulos was “upset and outraged” by the report, and so filed a motion.

That motion was heard in May 2019, and at that hearing, nothing changed in the custody order. Troconis was still not allowed to see the kids during Dulos’ limited and supervised visits with his children. Meehan said Dulos was frustrated.

But on May 25, 2019, Meehan testified that Dulos’ tone changed. He sounded “very excited” during a phone call that day, Meehan said.

Farber Dulos disappeared on May 24, 2019, and investigators allege Dulos killed his wife after she returned home from dropping their kids off that morning.

Meehan read to the jury a note he made after the May 25 call with Dulos, which was titled: “Jennifer Missing.”

“I noticed the tone in his voice to not be down or somber but to be excited,” he said.

They talked about where Dulos was the day before and Meehan asked if he had an alibi. Dulos said he was home all morning and then had meetings.

He then asked about the children and their safety and orthodontist appointments they had in New York City the day before. Farber Dulos missed those appointments, setting off alarm bells.

When talking to Meehan, Dulos allegedly said he hadn’t signed off on those dental appointments.

But Meehan said he checked a service the estranged couple used to message each other, called Our Family Wizard, and found messages that confirmed Dulos did know about the appointments.

During cross-examination, defense attorney Audrey Felsen asked Meehan: “Was it your opinion that Mr. Dulos lied an awful lot?”

“Yes,” Meehan said. Meehan testified that he had first met Dulos and Farber Dulos around 2017.

When he first started working with the family, he said, Dulos reportedly hoped that he, Farber Dulos, their children, Troconis and Troconis’ daughter would all live together in his home at 4 Jefferson Crossing in Farmington.

Meehan testified that he spoke with Farber Dulos regularly until May 24. After that, he said, “Sadly I’ve never spoken to her again.”

Before Meehan took the stand Thursday, the jury also heard from a neighbor of Fotis Dulos, Garrison Hudkins, who lives on Jefferson Crossing.

He testified that he bought his home from Dulos and Farber Dulos. Dulos had built the luxury home.