Feb. 2, 2021Updated: Feb. 2, 2021 5:50 p.m.
STAMFORD — Fotis Dulos’ longtime friend and former attorney plans to testify against his ex-girlfriend in the Jennifer Dulos case, a prosecutor confirmed Tuesday.
During a virtual court hearing, Assistant State’s Attorney Daniel Cummings said Kent Mawhinney will be among the state’s witnesses if Michelle Troconis’ case heads to trial.
“Obviously, that could change,” Cummings added.
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After 10 months in jail, Mawhinney was released on a reduced bond in October. The release
occurred about six weeks after he met with state police investigators, according to Troconis’ attorney, Jon Schoenhorn.
During Tuesday’s hearing, Schoenhorn questioned the validity of Mawhinney’s statements made during the videotaped interview in August. Schoenhorn, who received the video in November as part of the discovery process in the case, called Mawhinney a “jailhouse informant” who was trying “to exonerate himself from any misconduct.”
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In the video, Schoenhorn said Mawhinney claimed that Troconis and Fotis Dulos tried to “solicit him” in a conspiracy to “do away” with Jennifer Dulos.
Through court motions, Schoenhorn has sought to determine whether Mawhinney has received any preferential treatment or consideration from the state following the meeting with investigators.
Schoenhorn filed a motion in December, seeking information “pertaining to consideration, rewards or understanding regarding favorable treatment, compensation or reward of any kind in exchange for Mawhinney’s cooperation with the state, the investigation or prosecution of this case.”
Mawhinney, 55, was released from jail last October after posting a $246,000 bond after months of incarceration. Chief State’s Attorney Richard Colangelo Jr. did not object to the release and no bond hearing was held.
"Mawhinney is now the star witness," Schoenhorn said in an interview with Hearst Connecticut Media. "I had assumed that since he was released, he had to give them something because he was released without any pushback from prosecutors."
Cummings said Mawhinney was not considered the state’s primary witness, but is “one piece out of many pieces that point to the defendant’s guilt in this case.”
But Schoenhorn still objected to the “circumstances” surrounding Mawhinney’s release.
“I have no discovery whatsoever about the circumstances that led your honor to release Mr. Mawhinney essentially without putting up a penny that he won’t get back,” he said.
Colangelo said Mawhinney’s father was dealing with “a substantial illness,” which was a factor in the decision to release him. Mawhinney also had proven financial hardship, Colangelo said.
Judge John F. Blawie agreed it would have been “preferable” to have made the decision during a hearing, but challenged Schoenhorn’s suggestion that he had done so in a “backdoor, wink-wink deal.”
“I still believe my actions at the time were correct,” Blawie said.
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The court also heard the state’s arguments in favor of combining the three cases against Troconis, who was arrested three times and is also facing tampering with evidence and hindering prosecution charges.
“The charges across these three cases are part and parcel of one another,” Cummings said.
Colangelo filed a motion in November, seeking to consolidate the cases considering the “cross-admissible” evidence. Schoenhorn
opposed the motion, saying it is still too early in the pretrial phase of the cases.
In a motion filed last week, Cummings detailed the state’s reason to merge the cases. He said the evidence is “cross-admissible for many reasons: to prove identity, motive, an element of charged crimes and to show consciousness of guilt and complete the tragic story of Jennifer’s murder.”
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Schoenhorn in court Tuesday again opposed the merger, calling the state’s efforts “premature.” He claimed the state would first need to show what cross-admissible evidence it has to warrant such a move.
Cummings, however, argued the state does not need to “go into more detail” than is required.
“The state does not need to hold (Schoenhorn’s) hand and explain our case to him,” Cummings argued. “He needs to do his own legwork and build his own case.”
Blawie did not make a ruling on the motion.
Blawie is still weighing Schoenhorn’s request to
change the venue of the hearings to the Judicial District in Hartford. Schoenhorn has argued the accusations against his client are alleged to have happened in the Hartford area. Prosecutors contend the Norwalk/Stamford Judicial District remains the appropriate venue for a trial.
Still under review are Schoenhorn’s motion requesting Blawie to dismiss evidence tampering charges based on what he believes are inaccuracies in the arrest warrant affidavit filed by state police, as well as another motion in which he claims the state has not provided him with evidence key to his client’s defense. In the latter motion, Schoenhorn also seeks sanctions against Colangelo.
