Attorney asks judge to dismiss some charges in missing woman case
Continuing a monthslong effort to clear his client's name, an attorney for Michelle Troconis, a former girlfriend of Fotis Dulos, has asked a Stamford judge to toss out evidence tampering charges connected to the disappearance of New Canaan mother Jennifer Farber Dulos.
The motion filed by Attorney Jon L. Schoenhorn, one of a number filed since he took the case over last year, calls into question whether state police actually had probable cause to arrest Troconis, 46, with tampering with evidence and conspiracy to commit tampering with evidence.
It does not address the conspiracy to commit murder charge filed against Troconis on Jan. 7, 2020.
The motion was one of three filed by Schoenhorn Thursday and comes after a two-day search this week of a property associated with Dulos’s building company in Farmington.
The 19-page filing draws on accusations in an arrest warrant affidavit that a woman, believed by investigators to be Troconis, assisted Dulos in disposing of evidence in Hartford’s North End following Farber Dulos’s disappearance. Dulos was charged with his estranged wife’s murder and died by suicide in January 2020.
In the motion, Schoenhorn writes: “Traffic videos showed that the (Ford) Raptor’s female passenger (believed by the affiant to be the defendant) never exited the vehicle and did not assist the driver in the disposal of garbage bags.”
The warrant alleges that Dulos and Troconis drove through Hartford in Dulos’ Ford Raptor disposing of evidence the night that Farber Dulos went missing. State police investigators later recovered some of the evidence and found items containing Farber Dulos’ blood, records show.
Investigators left out of the warrant that surveillance video obtained from the Hartford Police Department shows the male driver, believed to be Dulos, getting out of the truck and disposing of items, not the female passenger, Schoenhorn writes in the motion.
The motion then alleges that state police investigators lied in the arrest warrant affidavit when they swore that Troconis was not cooperating with investigators, yet detectives were aware she had retained counsel.
Based on these issues, Schoenhorn wrote: “It is readily apparent that the affidavit lacked probable cause to support the issuance of an arrest warrant even assuming that such cause existed on the face of the affidavit.”
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