A probable cause hearing will likely give Fotis Dulos’ legal team a little more information and the opportunity to attack the state’s evidence in his estranged wife’s homicide, according to defense attorneys who are not associated with the case.But they said convincing a judge to drop the murder charges is a different story.
“You’ve got nothing to lose by going ahead with (a probable cause hearing),” said Elliot Warren, a Westport defense attorney who mostly handles federal cases.
Every defendant in Connecticut charged with a crime carrying a life sentence or a life sentence without the possibility of parole is eligible for a probable cause hearing, according to state law. Defendants can waive the right based on whether their attorney thinks it’s a good strategic move...
“There are clearly times when you should waive it,” said Gerald Klein, a Hartford defense attorney who is not associated with the Dulos case. “For instance, in a case where the primary witnesses are street people who are likely to be in the wind two years from now when the trial occurs, because even if they aren’t there, the state can bring up their transcripts from the probable cause hearing.”
Under the hearing, a prosecutor must present enough evidence and testimony to allow a judge to determine whether probable cause exists to continue the case. Probable cause is a much lower standard than beyond a reasonable doubt, which is the standard juries must consider when convicting someone of a crime...
Colangelo, the state’s attorney for the Judicial District of Stamford and Norwalk who is prosecuting the case, is likely to provide the minimal amount of evidence needed to determine probable cause since Pattis can cross-examine witnesses and challenge whatever evidence is presented during the hearing.
Pattis will not be allowed to present his evidence or call witnesses to the stand until the state rests its case and the judge has made a determination that probable cause exists, according to the law. Pattis can then ask the judge if he can put forth testimony or evidence that will refute the probable cause finding. The judge does not have to allow Pattis an opportunity to rebut unless the attorney makes a strong argument that his evidence could alter the probable cause finding.
In this case, the probable cause hearing will be before Stamford Superior Court Judge John Blawie, who already felt there was enough probable cause for the charges when he signed the arrest warrants for Fotis Dulos.
“There is a low probability of success given the fact a judge has already signed the warrant, but it is a chance to hold Mr. Dulos’ accusers accountable,” Pattis said last week.
Defense attorneys usually seek a probable cause hearing for an arrest based on a police report or if a client is being held on bond, Warren said. The hearing gives a defense attorney an opportunity to argue for a lower bond during cross examination based on the strength of the evidence, Warren said...
The witnesses in the probable cause hearing will likely be law enforcement officials, Klein said.The state’s Chief Medical Examiner Dr. James Gill may also be called to testify about his conclusions on the death of Jennifer Dulos based on evidence provided by police.
The only wild card could be a man police described as homeless who was spotted on videos taking what appeared to be a bloody pillow out of a trash can in Hartford, according to arrest warrants.
The man told police he saw the bloody pillow in the trash where police say Fotis Dulos
was caught on video dumping garbage bags that were found to contain his wife’s blood and clothing, according to arrest warrants.
Police surmise in arrest warrants that the pillow was taken from the garage of Jennifer Dulos’ home as part of the cleanup of the murder and later dumped in Hartford by Fotis Dulos along with the other bloodstained items, the arrest warrants said.The man is the type of witness who Klein said could come back to haunt a defense attorney. If the man testifies in the probable cause hearing, but doesn’t show up for the trial, his remarks could still be used during the proceedings.
“I learned that the hard way 30 years ago,” Klein said. “Barring that type of scenario, I always have a probable cause hearing. You’re getting a preview of the state’s case.”
Lawyers: Probable cause hearing a good move for defense in Jennifer Dulos case