Jennifer Dulos’ attorney: Fotis forgets he’s ‘prime suspect’ in disappearance
The attorney representing Jennifer Dulos in her acrimonious two-year divorce wants a judge to throw out Fotis Dulos’ bid to have the legal action dismissed, pointing out he’s the main suspect in his client’s disappearance.
“Failure to acknowledge that he is the prime suspect in his wife’s disappearance can only be described as being akin to the defendant (Fotis Dulos) having a ‘factual lobotomy’ as to the inconvenient facts as to his apparent involvement in the plaintiff’s (Jennifer Dulos) disappearance,” attorney Rueben Midler, representing Jennifer Dulos, wrote in his response filed this week.
Midler also pointed out that divorce proceedings have continued, despite the disappearance of his client, and were actively being adjudicated to determine custody of their five children in the days before she went missing.
According to Midler, there were 497 docket entries as of May 24 — the day his client was last seen after dropping off her five children at a New Canaan school. Midler said 50 additional entries were made between that point and when Fotis Dulos’ attorney, Richard Rochlin, filed his motion to dismiss on Dec. 26.
Midler also wants Fotis Dulos to
pay all his attorney fees and legal costs associated with defending the motion to dismiss the divorce and any other legal proceedings he files
Midler said key issues still need to be addressed, including the distribution of marital assets and the custody of the children.
Rochlin is seeking to have the divorce dismissed because the disappearance has stalled proceedings. If the divorce is dismissed, it would pave the way for one judge to rule on custody issues instead of the three who have been overseeing the probate, criminal and divorce cases.
The custody battle will be the subject of a hearing in Stamford juvenile court on Jan. 9 — the same day Fotis Dulos is scheduled to appear at the courthouse for his next pretrial hearing on the criminal charges related to his estranged wife’s disappearance.
Rochlin said his client plans to seek access to the children when his appeal is heard.