CT - Jennifer Dulos, 50, deceased/not found, New Canaan, 24 May 2019 *ARRESTS* #63

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The defendant's attorney did not say she did not know how the report came to be in her clients possession, or that she she hadn't known it was in her client's possession. She only said she didn't give it to her.

MOO
The Felson statement today imo was a distraction and imo pure word salad that had zero to do with the issue of MT computer screen contents or why their client even had a sealed report in her possession.
MOO
 
Iirc the a copy of the custody psych dr H report was found at 4 JeffXC by LE? When they were searching the house/ office after the arrests. The speculation was that Norm had given the copy to FD somehow ? Does anybody else recall this? JMO
I do, but FD allegedly had gotten a draft copy from Atty Mike Rose (probably not much different because report was allegedly unfinished anyway).

I cannot reconcile what we believe to be correct with what I believe Atty Meehan said today on the stand which seemed to be that he shared the report in person with FD and Atty Mike Rose. FD imo got the draft from either Atty Mike Rose or Atty Meehan.

judge Heller iirc was enraged by what happened to the report and ordered a full investigation. My recollection is that Atty Meehan was dismissed shortly after the investigation report was released. MOO
 
A few thoughts on the topic of mistrials. And this is just the conceptual legal concepts that have all kinds of fact-based and jurisdiction-based permutations.

Regarding the grounds for a mistrial - the issue is whether some event has caused prejudice to the defendant that is so egregious that the D cannot get a fair trial. A mistrial is not an acquittal, but the D is no longer a D unless charges are refiled by prosecution/State.

Examples:

Juror misconduct - talking about the case with anyone, researching the case or the law and/or reading the news or going on social media - hence the Judge’s constant affirmation before breaks.
Voir Dire Defect - some kind of procedural problem - like a juror impaneled who isn’t eligible to be a juror.
Jury hears inadmissible evidence - can’t unring the bell. Like if an attorney makes a statement during closing arguments based on evidence that was previously ruled inadmissible that is highly prejudicial to the D.
Critical figure becomes unavailable - D counsel falls with a long term illness, interrupts trial and the burden to get a new defense attorney is prejudicial to D.
Hung Jury

What is generally not grounds for a mistrial is “invited error” - as in the defendant trying to bring about mistrial.
 
The Felson statement today imo was a distraction and imo pure word salad that had zero to do with the issue of MT computer screen contents or why their client even had a sealed report in her possession.
MOO
Replying to myself to update that I watched the Court feed one more time and it was clear from watching it that BOTH Audrey Felson and Jon Schonehorn saw what was on Defendants screen and there was one shot where all 3 were looking at Defendant screen too.

For Audrey Felson to say what she did the Court today about the matter and blame the Court videographers was imo shameful.

I also hope the investigation by State deals with the issue of Troconis Crew allegedly making gestures or speaking to jury.

MOO
 
Lol! Yes I took a screenshot on my phone of this at 7:09 and forgot to edit that out.

For clarification, this is a screenshot of something the defendant posted or something that you had looked up?

If the defendant posted it or someone in her sphere posted it, this should be forwarded to the district attorney before morning.

Also, those poor prosecutors now have to do more work based on the behavior of this woman. I find it astounding that she would think she could telegraph things out to anyone via a screen on the defense table and get away with it. I would hope that her computer gets confiscated before she has a chance to delete anything. If it turns out that anyone-- any lawyer enabled her to get a copy, I hope they are found in contempt in addition to her.
 
A few thoughts on the topic of mistrials. And this is just the conceptual legal concepts that have all kinds of fact-based and jurisdiction-based permutations.

Regarding the grounds for a mistrial - the issue is whether some event has caused prejudice to the defendant that is so egregious that the D cannot get a fair trial. A mistrial is not an acquittal, but the D is no longer a D unless charges are refiled by prosecution/State.

Examples:

Juror misconduct - talking about the case with anyone, researching the case or the law and/or reading the news or going on social media - hence the Judge’s constant affirmation before breaks.
Voir Dire Defect - some kind of procedural problem - like a juror impaneled who isn’t eligible to be a juror.
Jury hears inadmissible evidence - can’t unring the bell. Like if an attorney makes a statement during closing arguments based on evidence that was previously ruled inadmissible that is highly prejudicial to the D.
Critical figure becomes unavailable - D counsel falls with a long term illness, interrupts trial and the burden to get a new defense attorney is prejudicial to D.
Hung Jury

What is generally not grounds for a mistrial is “invited error” - as in the defendant trying to bring about mistrial.
Thanks for this. Its been a rough day here.

This mistrial topic is above my pay grade as I haven't looked at the CT specific guidelines but I thought that procedurally a Judge has discretion and can declare a mistrial if/when they believe a trial cannot be fairly concluded.

My concern is that the proceedings have effectively been polluted for lack of a better word by a discredited report which the Judge himself has ruled cannot be entered as evidence. The report though has been brought into the trial by virtue of Defendant testimony in the LE interviews and the ongoing 'testimony/cross' of the two Defence Attorneys. I'm saying this all even though my belief is that the two defence attorneys and their client planned this carefully as it has been going on since the beginning of trial and before that played out for 4 years on social media by the Defendant and her family.

I'm not sure how the Judge fixes what has happened? Obviously an investigation is happening overnight so perhaps its all salvageable? IDK. Whatever happens though I do see the proceedings have been tainted.

I know you always wisely remind us to have faith in the jury and perhaps that is the answer. But, watching the Audrey Felson cross today of Atty Meehan had me thinking that the Defence team has effectively been testifying about the discredited report now for weeks with only a few objections and a few admonishments by Judge R. and I'm not sure the Jury has the history to understand all that is going on. I also wonder if the record of the trial has been so tainted by the issue of an unknown that it leaves any jury confused and looking for something that doesn't exist such that any jury finding easily appealed. I'm also angry because I think this entire issue was avoidable and was created entirely by the two defence attorneys.

IDK, defer to your judgement and wisdom based on professional expertise as I'm just a layperson and simpleton!

MOO
 
Oh no mistrial …I know defense trying to do their job but really how much sleazier can they get here now….Judge R gets it and sure jury who is smarter than we know is getting it too. Hope to just stick it out and see who or what is the bombshell witness that nails it all? Time is awaiting but ticking fast ….
 
A few thoughts on the topic of mistrials. And this is just the conceptual legal concepts that have all kinds of fact-based and jurisdiction-based permutations.

Regarding the grounds for a mistrial - the issue is whether some event has caused prejudice to the defendant that is so egregious that the D cannot get a fair trial. A mistrial is not an acquittal, but the D is no longer a D unless charges are refiled by prosecution/State.

Examples:

Juror misconduct - talking about the case with anyone, researching the case or the law and/or reading the news or going on social media - hence the Judge’s constant affirmation before breaks.
Voir Dire Defect - some kind of procedural problem - like a juror impaneled who isn’t eligible to be a juror.
Jury hears inadmissible evidence - can’t unring the bell. Like if an attorney makes a statement during closing arguments based on evidence that was previously ruled inadmissible that is highly prejudicial to the D.
Critical figure becomes unavailable - D counsel falls with a long term illness, interrupts trial and the burden to get a new defense attorney is prejudicial to D.
Hung Jury

What is generally not grounds for a mistrial is “invited error” - as in the defendant trying to bring about mistrial.
Thanks for this. Its been a rough day here.

This mistrial topic is above my pay grade and I haven't looked at the CT specific guidelines but I thought that procedurally a Judge has discretion and can declare a mistrial if/when they believe a trial cannot be fairly concluded.

My concern is that the proceedings have effectively been polluted for lack of a better word by a discredited report which the Judge himself has ruled cannot be entered as evidence. The report though has been brought into the trial by virtue of Defendant testimony in the LE interviews and then the ongoing 'testimony/cross' of the two Defence Attorneys. I'm saying this all even though my belief is that the two defence attorneys and their client planned this carefully as it has been going on since the beginning of trial and before that played out for 4 years on social media by the Defendant and her family.

I'm not sure how the Judge fixes what has happened? Obviously an investigation is happening overnight so perhaps its all salvageable? IDK. Whatever happens though I do see the proceedings have been tainted.

I know you always wisely remind us to have faith in the jury and perhaps that is the answer. But, watching the Audrey Felson cross today of Atty Meehan had me thinking that the Defence team has effectively been testifying about the discredited report now for weeks with only a few objections and a few admonishments by Judge R. and I'm not sure the Jury has the history to understand all that is going on. I also wonder if the record of the trial has been so tainted by the issue of an unknown report that it leaves any jury confused and looking for something that doesn't exist such that any jury finding easily appealed. I'm also angry because I think this entire issue was avoidable and was created entirely by the two defence attorneys at trial and sadly also by simple court mismanagement by Judge R on the issue.

IDK, defer to your judgement and wisdom based on professional expertise and experience as I'm just a layperson and simpleton!



MOO
 
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I am re-watching the trial footage today. The state was handed a note from their investigator. Each attorney was handed a separate paper. They both quietly confirmed and acknowledged whatever was on the note. You then could see them both looking towards the defense table with their screens displayed. I believe MT still had her 'showing' on the screen at that moment, although I am not sure. In any case, the state rises to respectfully ask for the sidebar....and at the same time the female defense attorney and MT were ( notified by someone from the gallery?? )...suddenly shutting down their screens. This was BEFORE they knew what the sidebar request was for. ODD. And suspicious as hell.

Did someone in the gallery, maybe knowingly.., watch and hope for the Farber family and friends in the gallery to SEE what was displayed, and anticipate the quick move ( and note) to the state? Were they all conspiring for a mistrial?
Underlined by me
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.

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

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.
 
@afitzy - you are right - the Court has broad discretion regarding a mistrial.

But think about WHAT (if any) is the prejudice to Defendant here? If Defendant caused the protected document to be disseminated, in violation of the Court’s order, the Defendant only could be prejudiced if a Juror violates the Court’s order, and finds and reads the report on line, and concludes that the report is unfavorable to D. These facts are upside down - D wants the report in as exculpatory, so there is no prejudice to D.

The Judge was abundantly cautious to keep this issue from the juror’s ears - so just based on the record - the whole laptop screen incident should be “contained” with respect to the jury.
 
Are we going to get store cameras of them potentially buying lime, ponchos, tyvek suits, zip ties, etc? Why do we not get transaction data? I get they probably paid cash, but the store can just pull all the SKUs of interest for LE at check out and give them the cameras to investigate the times in which they were purchased. I work in supply chain management, and everything in a store is traceable if there is a SKU and a camera. This would prove conspiracy if they can tie Michelle to purchase through cameras.

Absolutely agree. I thought we would see more bombshells.

I think p did a great job laying out all of the proof that Jennifer was murdered by Fotis but I honestly think that p has to do a better job of explaining MT’s involvement, CLEARLY!

Meaning they have shown the evidence but I’d like to see a step-by-step layman’s guide if you will showing every piece of evidence as shared beautifully in court by the exhibits/testimonies but not tied together like it should be to prove each and every charge against MT with the vivid examples as it’s been much too choppy and hard-to-follow.

For example, put up her written in perfect English alibi script on a giant screen in big bold font and with a lighted pointer go line-by-line, starting with highlighting her perfectly written English, then with the evidence to prove each line and lie with evidence to prove it with photos, quotes, testimony, phone data etc. moving down the paper, line by line showing her video clips saying she answered Andreas’s call and what that means, saying it clearly means that she stayed at 4jc and went up to his office and answered a pre-planned call from Fotis’s friend Andreas from Greece to form an alibi for Fotis and state clearly that this shows that MT conspired and explain what that means! Show the phone records of her going up the stairs….

Show a video clip of her saying what Fotis was wearing that morning and then a clip of him riding a bike wearing a hoodie during that time etc.! So what I am saying is show that she lied with the proof….

Show charts and clips of her going to and from 80 ms and 4jc multiple times with the phone data and surveillance clips. Show the clip of what Pg said and Lauren. Explain the coffee spill as she explained the bloody seats of the Tacoma and how she said it didn’t smell like coffee and say it seems like she should know what coffee smells like as she loves Starbucks and show that clip!!!!

Show close-ups of her body language from arrest to court appearances to interviews and in Starbucks and how body language matters citing other cases…

On the big screen show the mop pic and bloodied paper towel bits and green and yellow sponge that they found in the trash and roll the tape of her saying she brought these items to
80 ms to clean. Show her in the car coffee her phone records of her in the car etc…..state clearly that she accompanied Fotis dumping the garbage and show the photos of what they collected and state that tbis was clearly tampering with evidence.

Then show receipts of their cleaning lady from years of cleaning to explain how MT never typically cleans (show the clip of her saying just that) so why that day?!!!

Show clips of all the descriptive English words and phrases she used in all of the interviews. You cannot watch all of these videos in full and claim she doesn’t understand English. Get people to testify how she understands just fine as js is going to say she doesn’t.


Show her phone data and pics of her car driving to the car wash and explain that they took the red Tacoma that Fotis used in the murder to the car wash and they had a plan for her to follow him there to get a full detail and that proves Michelle is tampering with evidence. She followed him and emphasize how that was planned. She knew by this time re Jennifer but didn’t find this concerning? Explain why to anyone this would be gravely concerning. They never washed PH’s car before after using it many times and play that clip from pg.

I could go on and on as I am frustrated that it’s all there but not presented clearly, in my opinion.

It looks like all FD which I know they have to prove the murder but the evidence is there against MT but in my opinion they have not clearly shown the jury how she was involved in everything and in lockstep with him from the beginning to end.

Perhaps they plan on doing that in closing but it best be tight as it’s all there but must be better conveyed as I’ve seen in other trials.

Moo
 
It's almost like she is resurrecting Fotis to give one last middle finger to Jennifer. I can see why some here think she is still connected somehow to the "Greeks".
I questioned earlier why local media coverage isn’t all over this case. I suggested they were afraid of something. I smell a rat here!
 
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