Still Missing CT - Jennifer Dulos, 50, New Canaan, 24 May 2019 *ARRESTS* #57

[Seattle1]

Judge grants motion to suppress seizure of Michelle Troconis' phone in Dulos case

A judge ruled on Tuesday morning that prosecutors will not be able to use the cellphone of Michelle Troconis in her upcoming trial in the disappearance and presumed death of Jennifer Dulos.

longisland.news12.com

12/12

A judge ruled on Tuesday morning that prosecutors will not be able to use the cellphone of Michelle Troconis in her upcoming trial in the disappearance and presumed death of Jennifer Dulos.

The phone was taken from Troconis on May 31, 2019 at the home she shared with Fotis Dulos in Farmington — he was her boyfriend at the time. State police had a warrant for the home and to get DNA from Troconis but not a warrant to take her phone.

[..]

Connecticut State Police Sgt. Michael Beauton testified that police took Troconis’ phone under exigent circumstances — pointing to Troconis being seen on security footage in Fotis Dulos’ truck, as he allegedly disposed of evidence connected to the disappearance and presumed death of his estranged wife, Jennifer Dulos.

Beauton said they believed the phone had additional information connected to Jennifer Dulos’ disappearance and were concerned about the potential for evidence on it to be destroyed if they waited for a warrant.

[..]

In Randolph’s ruling, he agreed with Schoenhorn, writing, “the exigent circumstances exception to the warrant requirement does not apply to the warrantless seizure of the defendant's cell phone.”

 

[Seattle1]

Troconis Gets Some Evidence Suppressed In Jennifer Dulos Case: Report

Prosecutors will not be allowed to introduce certain evidence against Michelle Troconis in next month's trial.

patch.com

12/12

STAMFORD, CT — Evidence seized by state police from Michelle Troconis' cell phone cannot be used against her in next month's trial concerning the disappearance of Jennifer Farber Dulos, a judge ruled Tuesday, the Stamford Advocate and News 12 Connecticut reported.

The cell phone was seized during a search a few days after Jennifer Dulos' May 24, 2019, disappearance, but at the time, state police reportedly only had a warrant to get a DNA sample from Troconis, not the phone.

 

[Seattle1]

https://twitter.com/x/status/1734583748308459875

 

[Seattle1]

Michelle Troconis appears in court for suppression hearing ahead of January trial

Michelle Troconis is back in a Stamford courtroom ahead of her full trial, which is expected to kick off on Jan. 8. Her lawyer requested suppression hearings to attempt to toss out her phone as evidence and statements made during interrogations with authorities following her arrest in June 2019...

www.nbcconnecticut.com

12/12

He claims in the video submitted from the day Troconis was arrested, and subsequent days, that she was unlawfully coerced, pushed and denied some basic rights.

“Who came up with the scheme to drag her in the middle of the night, rip her from her daughter and take her to New Canaan, then the interrogation that went until the middle of the night, one or two in the morning and then picking up the next day,” Schoenhorn said.

In the first video submitted, which was viewed in court late Monday, she was read her Miranda rights when she was placed in a state police cruiser, and she acknowledged she understood the rights.

But Schoenhorn plans to showcase this week more missteps in the handling of Troconis that will lead to the statements given being tossed out.

 

[Seattle1]

https://twitter.com/x/status/1734734761279603022

 

[Seattle1]

https://twitter.com/x/status/1734734917144105383

 

[Seattle1]

Please bookmark --two more reporters that will likely cover the trial:

https://twitter.com/KevinGaissTV

https://twitter.com/_ShannonMiller

 

[Seattle1]

@KevinGaissTV

The defenses motion to suppress Troconis’ cell phone was granted by the judge
@NBCConnecticut
Quote

Kevin Gaiss
@KevinGaissTV

Suppression hearing Day 2 regarding evidence in Michelle Troconis’ trial kicks off at 10. Follow along with @NBCConnecticut Recap of Day 1: Michelle Troconis appears in court for suppression hearing ahead of January trial

1:36 PM · Dec 12, 2023 from Stamford, CT

 

[Seattle1]

Court Decision on Motion - pages 6/7

In it's decision, the Court concluded that as early at 5/27/19 (AT&T served for MT's phone records), reasonable to assume that MT was under suspicion here, yet police failed to obtain a search warrant for MT's phone by 5/31 (date phone was seized). The Court concluded that the exigent circumstances exception to the warrant requirement did not apply to the warrantless search of MT's phone. Motion granted to suppress MT's cell phone evidence.

https://twitter.com/_ShannonMiller

 

[Seattle1]

Page 7/7

https://twitter.com/_ShannonMiller

 

[Seattle1]

Tag: Michelle Troconis – NBC Connecticut

Articles from the tag: Michelle Troconis

www.nbcconnecticut.com

 

[Diddian]

Big thanks and please post if you find the archived record specific to the 5/27/19 request to AT&T for MT. (I also searched the MEDIA ONLY thread before requesting a link but found the same -- invalid/dead links).

Given the evidence from MT's SSW dated June 6, 2019 (i.e., the whole enchilada) will not be admissible at trial, I'm especially interested in whether or not the 5/27/19 warrant to AT&T resulted in anything of forensic value.

Generally, requests to the carrier are more often a Subpoena to compel production of "phone records" and/or Court Order for the content of text messages. Under the circumstances, at best, I think the only thing prosecution will have is the ability to confirm whether or not MT was talking on her phone, oblivious to FD, while he was was driving and dropping evidence in dumpsters, as MT alleges.

The birth of smartphones pretty much flipped both authorized and legal evidence collection on it's head, and the higher courts are not done!

Most recently, seems State and Federal Courts are split on whether the Fifth Amendment (self incrimination) prohibits police from compelling individuals to hand over their passcodes to unlock their cell phones so prosecutors can look for incriminating evidence, and when and how the “forgone conclusion exception” applies. One more headed to the Supreme Court for a decision.

I have not been successful in locating a still active link for the unsealed search warrants, so instead am linking 11 pages excerpted from the pdf copy I downloaded from the links when they were active on 1/15/2020.

These are pages 364-374 of the original 467 page pdf of released search warrants. It is the search warrant for cellphone records for the cellphone with the 305 area code (i.e., MT's). In the original release, this warrant was out of order (included with warrants authorized 5/29/2019 rather than with the other two warrants authorized 5/27/2019 which are pages 383-404 of the original pdf).

The search warrant was authorized 5/27/2019 and the cellphone records requested from AT&T were returned 5/28/2019 (as indicated on the final page).

 

[Seattle1]

Question for the locals or those familiar:

The first Arrest Warrants for FD and MT were issued on 6/1/2019, and appears they were executed on 6/2/2019, hour unknown.

JLS alleges police arrested MT in the middle of the night at the Farmington home she shared with FD, and took her to NCPD. JLS has also made a big deal out of police transporting MT to NCPD whereas I assumed they took her to NCPD because that's where the murder occurred (JFD's residence) and where the warrants were issued.

I know this investigation was an all hands on deck with multi-agencies participating and not positive but I think CT State Police actually executed the arrest warrants in Farmington. (Not even sure if MT/FD arrived at NCPD by the same or separate agencies but assuming they were arrested at the same time).

My question is would it be unreasonable to to transport a suspect from Farmington to NCPD or is JLS just blowing hot air? Or is this another stab for wanting to take the trial to Hartford?

My last recall on the distance is that it's about 80 miles from Farmington to Stamford Superior Court where MT was arraigned.

Generally, if you arrest a suspect for warrant from another County, you end up holding them until somebody from the warrant jurisdiction comes and collects them. (And if warrant is from another State and the suspect waives jurisdiction, they get transported to the State of origin).

IMO, the case was destined for Stamford Superior Court so it seems to me that one way or another, the suspects were headed to NCPD. MOO

 

[Niner]

Okay- unfortunately this will be the last of my posts until maybe Friday - I am switching laptops as mine right now is dying... got a new one & need to transfer my stuff over to it. So keep good notes! And I will catch up with your notes!

Wednesday, Dec. 13th:
*Suppression Hearing (@ 10am ET) – CT – Jennifer Rebecca Farber Dulos (50) (May 24, 2019, New Canaan; still missing) – *Michelle C. Troconis (44/now 49) (Dulos’ GF) arrested & charged (6/1/19) & arraigned (6/3/19) with tampering with or fabricating physical evidence & hindering prosecution. Plead not guilty. $500K bond. Posted bond (on 6/3/19). These charges were dismissed (8/28/20) & recharged below.
*Charged (9/5/19) & arraigned (10/4/19) with tampering with evidence involving the borrowed car from work colleague. Plead not guilty. $100K bond. Posted bond (on 9/5/19). Off GPS 4/6/23.
*Charged (1/7/20) with conspiracy to commit murder. Plead not guilty. $2M bond. Bond reduced (1/8/20) to $1.5M & bonded out (on 1/9/20). Off GPS 4/6/23.
*Charged (8/28/20) with 2nd degree hindering prosecution, tampering with physical evidence & conspiracy to commit tampering with physical evidence. No plea entered yet. $500K bond. Posted bond. Off GPS 4/6/23.
Jury Selection began on 10/4/23 & ended 10/26/23. 6 jurors & 4 alternates. (6 men & 4 women).
Trial set to begin on 1/8/24 (will last a month, 3/1/24).
Judge Kevin Randolph presiding for trial.
Assistant State’s attorney Sean McGuinness & Michelle Manning & defense attorneys Jon Schoenhorn & Audrey Felson.
Bond info & Court info from 6/3/19 thru 12/6/23 & Jury Selection Day 1-11 (10/4-10/26/23) & thru 12/11/23 reference post #1040 here:
https://www.websleuths.com/forums/t...-canaan-24-may-2019-arrests-56.683382/page-52
12/11/23 Update: Troconis is in court for a multi-day hearing on her attorney’s motion to suppress Troconis’ police interviews at trial. Before the suppression hearing began, both sides took up requests from a couple jurors who now want off the trial. The day begins with taking up emails from two jurors who now say it would be “inconvenient or beyond inconvenient” to serve on the jury for Troconis’ trial, which is expected to last two months. The first juror has had a change of residency since being picked. Juror who was chosen says he actually lives in New York & has lived there since Nov. 2022 but never changed his license to NY & the jury notice came to his parents’ house, where he used to live, in CT. Juror is excused. He was selected as a regular juror. So now one of the six alternates will be drawn to replace him. Next person who says he can’t serve on the jury is an alternate. He says he can’t serve on a jury that length because his mother-in-law needs heart surgery & he & his wife need to help take care of her. Judge excuses him from serving. Now down to 4 alternates left, along with the 6-person jury, when the trial begins in four weeks. Jurors: 6 jurors & 6 alternates. (8 men & 4 women / 6 men & 4 women). Now 6 jurors & 4 alternates. See posts #1031 thru 1035 here for hearing update – link: [URL]https://www.websleuths.com/for...aan-24-may-2019-arrests-56.683382/page-52/url] Motions hearing continues on 12/12/23 & will also continue on Friday, 2/13/23. Judge Randolph said he will issue a ruling on the motion to suppress Troconis’ cell phone by Thursday.
12/12/23 Update: Judge Kevin Randolph has granted the motion from Troconis’ attorney to suppress the warrantless seizure of her cell phone on 5/31/19. The state argued exigent circumstances allowed for it. Randolph ruled exigent circumstances didn’t apply here. Troconis’ lawyer arguing statements made during her transport should be tossed out, because troopers attempted to coerce Troconis to waive her right to an attorney. Suppression hearing continues on 12/13/23.
For more info see posts #9, 10, 16 & 20 here:
https://www.websleuths.com/forums/t...-50-new-canaan-24-may-2019-arrests-57.698903/
And more info on #21 here:
https://www.websleuths.com/forums/t...w-canaan-24-may-2019-arrests-57.698903/page-2

 

[Seattle1]

In the Courts Memorandum of Decision of the Defense Motion to Suppress MT's cell phone from evidence, the Court further summarized some of the latest Defense Motions including the following which I found notable:

9/11/23-- Names of all CT State Police personnel who worked on the investigation of the defendant, and all who are named in the CT Racial Profiling Prohibition Project 2023 Audit.

I'm not familiar with the CT Racial Profiling Prohibition Project but the fact that it applies to the CT State Police who I believe seized MT's cellphone on 5/31/10, executed the search warrant for the Farmington residence, arrested MT on 6/1/19, and transported her to NCPD, I'm suspicious of JLS's motivation seeking names of all the CT State Police personnel investigating MT, especially after reading how he characterized the CT State Police in the MSM quote below. Please tell me the defense is not alleging MT is being profiled!

“Like a trophy for a rare tiger hunt, they brought her for no reason to New Canaan to parade her through the police department to say, 'aha, look what we got,'” Schoenhorn said.

 

[Jmoose]

Michelle Troconis appears in court for suppression hearing ahead of January trial

Michelle Troconis is back in a Stamford courtroom ahead of her full trial, which is expected to kick off on Jan. 8. Her lawyer requested suppression hearings to attempt to toss out her phone as evidence and statements made during interrogations with authorities following her arrest in June 2019...

www.nbcconnecticut.com

12/12

He claims in the video submitted from the day Troconis was arrested, and subsequent days, that she was unlawfully coerced, pushed and denied some basic rights.

“Who came up with the scheme to drag her in the middle of the night, rip her from her daughter and take her to New Canaan, then the interrogation that went until the middle of the night, one or two in the morning and then picking up the next day,” Schoenhorn said.

In the first video submitted, which was viewed in court late Monday, she was read her Miranda rights when she was placed in a state police cruiser, and she acknowledged she understood the rights.

But Schoenhorn plans to showcase this week more missteps in the handling of Troconis that will lead to the statements given being tossed out.

5:30am is hardly the middle of the night (unless you don’t go to bed until 3am)

 

[Megnut]

5:30am is hardly the middle of the night (unless you don’t go to bed until 3am)

It's a pity to be inconvenienced over a trifling murder investigation.

Printed in sarcasm font.

Jmo

 

[Jmoose]

In the Courts Memorandum of Decision of the Defense Motion to Suppress MT's cell phone from evidence, the Court further summarized some of the latest Defense Motions including the following which I found notable:

9/11/23-- Names of all CT State Police personnel who worked on the investigation of the defendant, and all who are named in the CT Racial Profiling Prohibition Project 2023 Audit.

I'm not familiar with the CT Racial Profiling Prohibition Project but the fact that it applies to the CT State Police who I believe seized MT's cellphone on 5/31/10, executed the search warrant for the Farmington residence, arrested MT on 6/1/19, and transported her to NCPD, I'm suspicious of JLS's motivation seeking names of all the CT State Police personnel investigating MT, especially after reading how he characterized the CT State Police in the MSM quote below. Please tell me the defense is not alleging MT is being profiled!

Would it really surprise you to know that JLS would dare to claim she was racially profiled, because she is “Hispanic” (she’s really not)?

 

[BUF]

Video of the later interview shown in court shows Kimball advising Troconis of her rights and going over what is called a “notice of waiver of rights” form, a form denoting her willingness to speak with police despite her earlier request for an attorney. Troconis is then shown signing that form, which Kimball also said had a Spanish translation on it.

Attorneys in Jennifer Dulos case debate legality of Michelle Troconis police interviews

More at link from the hearing this morning

 

[Seattle1]

Attorneys in Jennifer Dulos case debate legality of Michelle Troconis police interviews

Attorneys will be viewing more video footage of Michelle Troconis talking to New Canaan...

www.stamfordadvocate.com

12/13/23

STAMFORD — “You guys haven’t done anything, at least you haven’t,” Michelle Troconis’s mother told her as the two spoke over the phone while Troconis sat in an interview room at the New Canaan Police Department on June 2, 2019.

[..]

At court in Stamford Wednesday, Assistant State’s Attorney Sean McGuinness played footage from Troconis’s first interview with police, which was done alongside her attorney at the time, Andrew Bowman.

[..]

Kimball provides a phone to Troconis for her to call her mother, which is captured on the video.

“Mom, I’m so nervous,” Troconis tells her mother in Spanish earlier in the conversation.

“You do not say anything,” her mother advises her, before adding that she has nothing to worry about because she did nothing wrong.

Later, after the brief telephone conversation, Kimball informs Troconis that her lawyer has been contacted and will be arriving at the police station later that morning on June 2.

[..]

According to Kimball, who testified Wednesday, Bowman eventually informed police that Troconis “had no plans to speak with police.” However after two more visits with Troconis that afternoon, his then-client changed her mind and decided to speak with police.