GUILTY CT - Jennifer Dulos, 50, deceased/not found, New Canaan, 24 May 2019 *ARRESTS* #71

[BJarv]

Back in session. Audience recording is not allowed. Marshalls are dealing with the situation or taking pictures. I will order that the involved person is removed. Wonder if its the Troconis crew?

 

[Megnut]

Oh, oh. Judge says he's learned people are recording the proceeding.

 

[BJarv]

Bam!

If AB was so ineffective, how comes Atty Schoenhorn didn't mount a successful bid to pitch her interviews?

Because it's baseless. At the time, AB advised MT properly. That she didn't ultimately cooperate with LE couldn't have been known by AB before it occurred!

Would be advise her differently now? But how he advised her then made sense to him then.

She'd be out of jail already. Which would be way better than the current sentence she doesn't like.

Fact (IMO): MT wants a do-over. All the way to the beginning. Well, not the beginning- beginning. But the beginning of interviews. She wants to not have talked.

Which AB advised her to do. Two paths. Be truthful, talk. Don't be truthful, don't talk.

She picked the third path -- don't be truthful, talk. She BarryMorphewed.

This isn't how appeals work. Don't like the adventure you chose so ho back a few pages and chose another.

AB isn't even on trial for ineffective counsel here. He's on trial for believing her. (Credit @Jmoose )

But even so, he still counseled her appropriately (effectively) -- don't go in there and lie.

Rock solid attorneying.

JMO

Give it a second and Fitzgerald will opine on that issue of believing her as well. Now he is dealing with Bowman 'time pressure' issue. This is a witch hunt!

 

[Megnut]

Is livestreaming choppy or is it just mine?

 

[BJarv]

Everything Bowman did is being second guessed by someone who didn't even look at the entire trial transcript.

 

[BJarv]

Oh, oh. Judge says he's learned people are recording the proceeding.

Yes, breaking up and going in/out.

 

[Megnut]

WHAT??? Atty Fitzgerald testifies that AB should/could have waited 24 hours before agreeing to an interview. Fine was of the essence! If JFd had been found during that time, her opportunity for a sweetheart deal would have closed altogether!

JMO

 

[BJarv]

Now we are talking flaws with the spanish translation issue - language - tied to miranda waiver. 3 -4 flaws seen by Fitzgerald. When police entered room we are going to go over documents - Atty Bowman said 'that is a formality' - effect of trivializing waiver of constitutional rights. Judge overrules objection about opinion of Fitzgerald on trivializing. Fitzgerald is now drawing conclusions about the Bowman language used and redoing the conversation based on what he thought about Bowmans actions. Judge denies and says opinions are ok and not speculation. Bowman said interpreter wasnt needed. Fitzgerald says this issue wasn't properly handled and explained ahead of time. Should have asked her to read the Spanish side of the documents and miranda rights. This seems to be totally speculation imo and I'm not sure its an opinion as the Judge is claiming. Simply seems wrong imo.

 

[BJarv]

Fitzgerald says language is absolutely relevant even if MT spoke english.

 

[BJarv]

No standard rule on having translation available during an interview. Case by case basis. Issue is did Bowman speak with Troconis about this issue ahead of time.

 

[Megnut]

They don't even have a translator in court today, as far as I can tell.

 

[acutename]

No standard rule on having translation available during an interview. Case by case basis. Issue is did Bowman speak with Troconis about this issue ahead of time.

suppose she never told B anything about this

 

[BJarv]

Objection - opinion in hind site - Judge overruled and told him to bring it up on cross.

 

[BJarv]

suppose she never told B anything about this

Yes, that is what I recall too. The issue of translator was a creation of Schoenhorn who made a big deal about it.

 

[BJarv]

Now talking about 2nd interview. Issues of consideration: How did client do in 1st interview? Given Police purpose of interview does client now have info that police seek?

 

[Megnut]

Hello, Life. Every single second in life can be second-guessed.

This doesn't change that MT chose to lie and reject all benefit of cooperating.

JMO

 

[BJarv]

Still talking about proffer by phone and cooperation agreement not being asked for by Bowman.

 

[BJarv]

Hello, Life. Every single second in life can be second-guessed.

This doesn't change that MT chose to lie and reject all benefit of cooperating.

JMO

She (and her mother) thought they knew better than her attorney and I firmly believe she would be able to 'manage' the police sitting around the table and that they would buy her act.

 

[BJarv]

Speculation on the record and speaking of facts not in evidence.

Judge is not agreeing with State and said to address the issue on cross.

Witness is speculating on success/failure of the second interview. Putting himself into the minds of the police WITHOUT anything in evidence from the police.

 

[BJarv]

Now imo Fitzgerald is lying about not speculating and taking the video at face value.

Said interview should have been stopped.