Do we think FD is or isn't talking to his attorneys?
Is he playing dumb or dumber still, spinning a ridiculous tale?
Which is altogether different than the ridiculous tail.
JMO
I believe he is lying to his lawyers, but they are allowing him to lie. IMO the "guiding hand of counsel" is sorely lacking in this case. The objective evidence compels one conclusion, which is that Dulos planned in advance to murder Jennifer. If Dulos confessed to Pattis, and then tried to take the stand to say he did not murder Jennifer, however, Pattis could not ethically participate in that fraud on the court. Consequently, Pattis does not want the truth from his client.
There are many ways that each state Bar association deals with this particular dilemma, but make no mistake. Each Bar association has consequences if a lawyer knowingly uses perjured testimony. A lawyer can lose their license if they do. IMO this ethical obligation has kept many a high-profile defendant from testifying in their defense.
What does that mean in this case? Again, IMO, it means Pattis does not want Duos to tell him what happened, because "ignorance is bliss." I would not be surprised if he did not affirmatively tell Dulos that he did not want to discuss whether Dulos actually committed this murder.
What he is doing instead is trying to poke holes in the State's case, to create reasonable doubt. Before trial, he will try unsuccessfully to suppress the information taken from the cellphone as an unlawful search, and then argue the subsequently issued warrants and evidence were "fruits of the poisonous tree." He will challenge the forensic evidence, and argue to the jury that is was not properly retrieved, stored or analyzed. He will impugn the character of LE, claiming the investigators had already convicted his client and did not properly investigate this case. If Dulos' co-defendants flip, he will try to impeach them with their prior statements to LE, and claim they, too, have a motive to lie. Perhaps he will continue to argue, foolishly, that no body equals no murder.
He may not present any evidence at all, claiming the State's case is too weak to require a defense, or he may call some witnesses to rebut parts of the Coangelo's case. There will be no vigorous presentation of substantive evidence about the crime itself because no such evidence exists. He will employ a Chinese water torture approach, nitpicking each admitted piece of evidence, while never acknowledging the whole. He may call character witnesses to testify what a peaceful, loving, non-violent man is client is. He most certainly will attempt to portray Jennifer in the worst light possible. As for the Gone Girl defense? He might present it, at great risk to his client.
What NP will NOT do (IMO) is call Dulos to the stand. Why? Dulos is going to make an absolutely horrible witness. He has an arrogant demeanor; his face completely gives him away; he has zero empathy for his dead wife - in fact, he cannot hide his hatred of her, even now; he can be impeached with those awful interviews, which he made freely and voluntarily, while not in the custody of LE; and I believe even his desecration of the memorial for Jennifer could be the subject of cross-examination.
No, Dulos isn't going anywhere near a witness stand and his lawyer knows it. That is why you are seeing his tortured efforts to defend his client. It is, frankly, embarrassing to watch. As each new piece of evidence is revealed, NP gets louder but less effective. He even caused LE to investigate-and disprove-that stupid alibi by running his mouth about it prematurely! His latest attack about those FB posts was about as low as it goes.
I am not sure who the jury will dislike more, Dulos or his lawyer. IME jurors take their obligations very seriously, but they want to see evidence presented in a logical manner. In many ways, the fact that this is, at least so far, a case heavy on forensics will actually help the prosecution. Given the proliferation of crime shows/podcasts, jurors have come to expect strong forensics in murder cases, and they are going to hear a lot of such evidence here. Jurors love forensic evidence for a reason. People lie. Forensic evidence doesn't.
This case has been meticulously investigated and it shows. Whether or not Dulos has told his lawyer the truth will soon become irrelevant.