Deceased/Not Found CT - Jennifer Dulos, 50, New Canaan, 24 May 2019 *ARRESTS* #51

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I also recall reading earlier when attorney Jon joined the case that law was not his first career:

Troconis' new lawyer expected to challenge evidence

Feb 6, 2020 — A graduate of Fairfield schools and Antioche College in Ohio, Schoenhorn worked as a journalist as he sought his law degree from the University of Connecticut.

So both JS and NP had careers in journalism before they got their law degrees from UCONN Law School. Wonder what year that was. They're about the same age. Pattis didn't become a lawyer till he was about 40. But he often said that before that he taught philosophy at Columbia. His bio entry in Martindale Hubbell at the start of his law career said he had both a Masters and a Ph.D from Columbia, and that info was picked up by another publication online. But NP later wrote, or told interviewers, that he didn't actually get the Ph.D but was in a Ph.D program in philosophy at Columbia, but didn't get the degree. Columbia's records show him as being a "preceptor" in not Philosophy but Political Science. That's like a student fellowship--teaching a couple of classes while studying. I guess philosophy sounds more intellectual than political science? Now he doesn't even say he has a Masters. He went to Purdue and UCONN Law. If he had an MA from an Ivy League like Columbia, why wouldn't a guy who promotes himself the way he does mention the degree he did get from that institution, rather than gassing about the one he failed to get--the Ph.D.
in philosophy? MOO
 
So both JS and NP had careers in journalism before they got their law degrees from UCONN Law School. Wonder what year that was. They're about the same age. Pattis didn't become a lawyer till he was about 40. But he often said that before that he taught philosophy at Columbia. His bio entry in Martindale Hubbell at the start of his law career said he had both a Masters and a Ph.D from Columbia, and that info was picked up by another publication online. But NP later wrote, or told interviewers, that he didn't actually get the Ph.D but was in a Ph.D program in philosophy at Columbia, but didn't get the degree. Columbia's records show him as being a "preceptor" in not Philosophy but Political Science. That's like a student fellowship--teaching a couple of classes while studying. I guess philosophy sounds more intellectual than political science? Now he doesn't even say he has a Masters. He went to Purdue and UCONN Law. If he had an MA from an Ivy League like Columbia, why wouldn't a guy who promotes himself the way he does mention the degree he did get from that institution, rather than gassing about the one he failed to get--the Ph.D.
in philosophy? MOO

Maybe we should check to see if he really has a law degree?
 

@MarissaAlter

Michelle Troconis has decided not to turn her video on. Judge is requesting she turn it in so at least he can verify it’s her

Blawie: multiple issues will be discussed today. Discovery issues and change of venue request—all from the defense.

Schoenhorn: I’ve been given none of the state’s forensic analysis except the final reports. I called the lab to get the rest, but Colangelo has prohibited the lab from releasing anything to me without his permission.
Chief State’s Attorney Colangelo: I didn’t order anybody to do anything—just requested we do what we always do. The amount of discovery is voluminous.
Colangelo says discovery is voluminous and will be ready for him to pick it up soon. Blawie says it may be premature for oral arguments.
One thing Schoenhorn is requesting that Colangelo says he will not turn over: the sealed custody evaluation from family court.
Schoenhorn says he has not received video showing a man—presumed to be Fotis Dulos—riding a bike in New Canaan the morning Jennifer Dulos was murdered.

Schoenhorn arguing that he should be given the custody study from the Dulos divorce case.
The study has been sealed and ordered not to be made public. Schoenhorn says it’s relevant to his case and he should have access to it.
Colangelo: I don’t have that custody report because it is sealed. Part of the reason it was sealed was that the family court judge didn’t believe it was credible.
Blawie: I think here we have a conflict of rights. I’m going to order the report be turned over to me. I’ll look it over and decide whether any of it should be released. We’ll discuss it more at the next hearing.

Blawie: let’s also bear in mind there are five children who are parent-less. Their best interests and privacy have to be weighed against the rights of the accused.
 
No one is in the courtroom except the media watching on a screen. Troconis shut off her camera so she cannot be seen.

https://twitter.com/MarissaAlter
We’re moving on now to Schoenhorn’s change of venue request. He wants the Troconis case moved from Stamford to Hartford.

Schoenhorn says the Stamford judicial district does not have jurisdiction over this case because the alleged crimes occurred in Hartford and Avon—not New Canaan, where Jennifer Dulos was killed.


Schoenhorn—per state law, the jury must be chosen from and the trial take place in the judicial district where the crime is alleged to have occurred.

Schoenhorn specifically talking about the evidence tampering and hindering charges. Now has moved on to the conspiracy to commit murder charge—the third arrest
He says even though Jennifer was killed in New Canaan, there’s no proof or allegations even that Troconis was in New Canaan.

Prosecutor: Troconis’ prior attorney waived any objections to the case bring heard in Stamford. Now she has a new attorney from Hartford who doesn’t want to commute down here.

Assistant State’s Attorney Dan Cummings is arguing against change in venue and change in jurisdiction for the state.

Cummings: this has been the standard for years—defendant charged with conspiracy can be charged where the conspiracy/agreement was reached or where the overt acts from the conspiracy were carried out.
Schoenhorn now claiming there’s no evidence Jennifer Dulos was killed in New Canaan—says it’s speculation. Could’ve been kidnapped from her home and killed elsewhere. Points out police searched for a body in Farmington, Avon, and Hartford.
Remember—the arrest warrants state that the based on the amount of blood found in the garage, where the blood was spattered, and the several rolls of paper towels missing, the medical examiner ruled Jennifer Dulos could not have survived the attack against her.

Blawie: there may not be direct evidence where Jennifer was killed, but there is circumstantial evidence.
Michelle Troconis kept her camera off the entire hearing—only turning it on before the start so the judge could verify she was there. This was allowed. She popped up briefly at the end (likely accidentally), and we were able to get a quick shot.

Hearing over. Next date set for 1/25.
@Niner
 
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Yeah, Judge Blawie!

Blawie: let’s also bear in mind there are five children who are parent-less. Their best interests and privacy have to be weighed against the rights of the accused.
 
Injectables sure are tough to keep up during Covid.
Maybe she doesn’t want to be seen without Bo on board. Moo moo

Don't think the coordinating mask was a very good look for her. She couldn't keep it on her nose most of the earlier hearing. Image from Michelle Troconis to appear in Stamford Court (msn.com)
BB1bj9qs.img
 
@MarissaAlter
Michelle Troconis has decided not to turn her video on. Judge is requesting she turn it in so at least he can verify it’s her

Blawie: multiple issues will be discussed today. Discovery issues and change of venue request—all from the defense.

Schoenhorn: I’ve been given none of the state’s forensic analysis except the final reports. I called the lab to get the rest, but Colangelo has prohibited the lab from releasing anything to me without his permission.
Chief State’s Attorney Colangelo: I didn’t order anybody to do anything—just requested we do what we always do. The amount of discovery is voluminous.
Colangelo says discovery is voluminous and will be ready for him to pick it up soon. Blawie says it may be premature for oral arguments.
One thing Schoenhorn is requesting that Colangelo says he will not turn over: the sealed custody evaluation from family court.
Schoenhorn says he has not received video showing a man—presumed to be Fotis Dulos—riding a bike in New Canaan the morning Jennifer Dulos was murdered.

Schoenhorn arguing that he should be given the custody study from the Dulos divorce case.
The study has been sealed and ordered not to be made public. Schoenhorn says it’s relevant to his case and he should have access to it.
Colangelo: I don’t have that custody report because it is sealed. Part of the reason it was sealed was that the family court judge didn’t believe it was credible.
Blawie: I think here we have a conflict of rights. I’m going to order the report be turned over to me. I’ll look it over and decide whether any of it should be released. We’ll discuss it more at the next hearing.

Blawie: let’s also bear in mind there are five children who are parent-less. Their best interests and privacy have to be weighed against the rights of the accused.

Thanks for the summaries sds71!

Best line about the custody report (and most factual):

Colangelo: I don’t have that custody report because it is sealed. Part of the reason it was sealed was that the family court judge didn’t believe it was credible.

What was the quote by AS in the recent article: “I don’t need any reason other than that,” Schoenhorn said as to why he should be given the report. “I’m entitled to it. It’s a statement from my client that was filed with the court in May 2019.”

IMO, Schoenhorn shows once again that he's showboating. The family report was NEVER filed in the official family court record. The psychologist left the witness stand in a huff and refused to return. No one was going to ask him to explain his $40,000 report. And, Jonny, the family court sealed that MAY report, not the prosecution.
 
@MarissaAlter
Michelle Troconis has decided not to turn her video on. Judge is requesting she turn it in so at least he can verify it’s her

Blawie: multiple issues will be discussed today. Discovery issues and change of venue request—all from the defense.

Schoenhorn: I’ve been given none of the state’s forensic analysis except the final reports. I called the lab to get the rest, but Colangelo has prohibited the lab from releasing anything to me without his permission.
Chief State’s Attorney Colangelo: I didn’t order anybody to do anything—just requested we do what we always do. The amount of discovery is voluminous.
Colangelo says discovery is voluminous and will be ready for him to pick it up soon. Blawie says it may be premature for oral arguments.
One thing Schoenhorn is requesting that Colangelo says he will not turn over: the sealed custody evaluation from family court.
Schoenhorn says he has not received video showing a man—presumed to be Fotis Dulos—riding a bike in New Canaan the morning Jennifer Dulos was murdered.

Schoenhorn arguing that he should be given the custody study from the Dulos divorce case.
The study has been sealed and ordered not to be made public. Schoenhorn says it’s relevant to his case and he should have access to it.
Colangelo: I don’t have that custody report because it is sealed. Part of the reason it was sealed was that the family court judge didn’t believe it was credible.
Blawie: I think here we have a conflict of rights. I’m going to order the report be turned over to me. I’ll look it over and decide whether any of it should be released. We’ll discuss it more at the next hearing.

Blawie: let’s also bear in mind there are five children who are parent-less. Their best interests and privacy have to be weighed against the rights of the accused.
Blawie says he's going to order the report to be turned over to him? Who's he going to address the order to? The prosecutors say they don't have the report. Is he going to try to order it from the family court judge, who has sealed it? And Blawie may be breaking the law. See excerpt from CT Supreme Court opinion on the Amy Archer Gilligan case, which protected the deceased murder defendant's psychiatric records:

Our construction of §§ 52–146d and 52–146e is also consistent with the broad language of the psychiatrist-patient privilege. As “[t]his court previously has explained ․ § 52–146e spreads a veil of secrecy over communications and records relating to the diagnosis or treatment of a patient's mental condition. With certain exceptions not pertinent to the present discussion, the statute provides that no person may disclose or transmit any communications and records ․ to any person, corporation or governmental agency without the consent of the patient or his authorized representative. [General Statutes § 52–146e (a) ]. The broad sweep of the statute covers not only disclosure to a defendant or his counsel, but also disclosure to a court even for the limited purpose of an in camera examination.”
Moo
 
Blawie says he's going to order the report to be turned over to him? Who's he going to address the order to? The prosecutors say they don't have the report. Is he going to try to order it from the family court judge, who has sealed it? And Blawie may be breaking the law. See excerpt from CT Supreme Court opinion on the Amy Archer Gilligan case, which protected the deceased murder defendant's psychiatric records:

Our construction of §§ 52–146d and 52–146e is also consistent with the broad language of the psychiatrist-patient privilege. As “[t]his court previously has explained ․ § 52–146e spreads a veil of secrecy over communications and records relating to the diagnosis or treatment of a patient's mental condition. With certain exceptions not pertinent to the present discussion, the statute provides that no person may disclose or transmit any communications and records ․ to any person, corporation or governmental agency without the consent of the patient or his authorized representative. [General Statutes § 52–146e (a) ]. The broad sweep of the statute covers not only disclosure to a defendant or his counsel, but also disclosure to a court even for the limited purpose of an in camera examination.”
Moo

I don't think patient privilege applies in this matter, and the report is not part of the court record.

Dr. Stephen Herman was a court-appointed Psychiatrist that interviewed the parents, family, and friends for the purpose of preparing an evaluation of the Dulos family to help determine suitable custody of the children.

Dr. Herman's conclusions were summarized in a sealed report dated April 24, 2019.

[Judge] Heller has ordered Herman’s testimony stricken from the record, ruled the hearings as a mistrial, since they were never completed, and required that his report remained sealed. Heller also noted in the order that anyone who reveals or releases the report could face sanctions or contempt of court.

Jennifer Dulos divorce: Judge tosses psych exam that favored Fotis Dulos
 
I don't think patient privilege applies in this matter, and the report is not part of the court record.

Dr. Stephen Herman was a court-appointed Psychiatrist that interviewed the parents, family, and friends for the purpose of preparing an evaluation of the Dulos family to help determine suitable custody of the children.

Dr. Herman's conclusions were summarized in a sealed report dated April 24, 2019.

[Judge] Heller has ordered Herman’s testimony stricken from the record, ruled the hearings as a mistrial, since they were never completed, and required that his report remained sealed. Heller also noted in the order that anyone who reveals or releases the report could face sanctions or contempt of court.

Jennifer Dulos divorce: Judge tosses psych exam that favored Fotis Dulos
“Gregarious and confident person”
— Re: FD SMH :eek::mad:
This may seem obvious, but in my eight years working as an allied clinician in psych hospitals, the abusive/narcissistic perps were never patients. They felt just fine! ... yet occasionally aggrieved. Unfailingly charming, often “pillars of the community.” Their victims were our traumatized, depressed, anxious, beaten-down, MIGHTY patients (mostly family members).

Edited to add: Of COURSE he’s going to look gregarious & confident if there are dark triad tendencies. Duh. Under the circumstances, appropriate presentation would’ve been distraught, w/o a narc mask.

MOO.
 
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Chief State’s Attorney Richard J. Colangelo Jr. said much of what Schoenhorn has asked for will soon be made available to him as a part of a four-terabyte file.

In light of this, Blawie said the motions to compel the state to share evidence will be “put on the back burner” until Schoenhorn has time to review the new files.

The next hearing date was set for Jan. 25 when both sides are expected to give arguments in terms of consolidating Troconis’ three cases.

Schoenhorn contends the crimes his client is accused of committing occurred in Hartford County. The first tampering and hindering prosecution charges stem from videos that show Troconis in a black pickup truck with Fotis Dulos as he stopped along Albany Avenue in Hartford to dump bags in trash bins on the night of the disappearance, according to arrest warrants. The bags contained Jennifer Dulos’ blood and clothing, the warrants stated.

The second tampering charge is related to Troconis helping to clean a red pickup truck that police say was involved in the Jennifer Dulos homicide, according to the arrest warrants.

The conspiracy to commit murder charge largely stems from Troconis trying to fabricate an alibi for Fotis Dulos the morning his estranged wife disappeared, arrest warrants state. Troconis was at his Farmington home with Mawhinney that morning, police said.

Troconis initially contended she saw Fotis Dulos that morning in his home, but later admitted to state police that she hadn’t seen him until the afternoon, according to arrest warrants.


Prosecutor: Michelle Troconis defense missed chance to change venue in Jennifer Dulos case
 
I don't think patient privilege applies in this matter, and the report is not part of the court record.

Dr. Stephen Herman was a court-appointed Psychiatrist that interviewed the parents, family, and friends for the purpose of preparing an evaluation of the Dulos family to help determine suitable custody of the children.

Dr. Herman's conclusions were summarized in a sealed report dated April 24, 2019.

[Judge] Heller has ordered Herman’s testimony stricken from the record, ruled the hearings as a mistrial, since they were never completed, and required that his report remained sealed. Heller also noted in the order that anyone who reveals or releases the report could face sanctions or contempt of court.

Jennifer Dulos divorce: Judge tosses psych exam that favored Fotis Dulos
So if the family court says anyone who releases or reveals the report is under threat of contempt of court (arrest) where/whom will Blawie order the report from? Dr. Herman, so he can be arrested for contempt? The family court judge, so she can order herself arrested for contempt? Maybe Blawie will order the report from Pattis, who obtained it illegally? Also, before Blawie orders the report to consider in camera, shouldn't he have a motion before him praying the court to obtain the report and consider it in camera? Or is he planning to order it sua sponte? Blawie did mention the children's interests. Will Atty Dranginis step in as counsel for Gloria Farber, the children's guardian, and file a motion to keep the report under seal--even if Blawie orders it from the family court? But GF only has standing in the family court, and not in the criminal court in the case against MT. MOO
All "weigh-ins" welcomed.
 
Thanks for the summaries sds71!

Best line about the custody report (and most factual):

Colangelo: I don’t have that custody report because it is sealed. Part of the reason it was sealed was that the family court judge didn’t believe it was credible.

What was the quote by AS in the recent article: “I don’t need any reason other than that,” Schoenhorn said as to why he should be given the report. “I’m entitled to it. It’s a statement from my client that was filed with the court in May 2019.”

IMO, Schoenhorn shows once again that he's showboating. The family report was NEVER filed in the official family court record. The psychologist left the witness stand in a huff and refused to return. No one was going to ask him to explain his $40,000 report. And, Jonny, the family court sealed that MAY report, not the prosecution.
I always thought a defendant can only ask for any exculpatory evidence that the prosecution may have--and ask the court to order the prosecution to give it to the defendant. I've never heard of a defendant asking the judge to get possible evidence for the defense from somewhere else.
 
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