One of the cases before the Connecticut Supreme Court during its fourth session is the Jennifer Dulos murder case, which has received state and nationwide publicity ever since the 51-year-old mother of five went missing in May.
State v. Dulos
The Connecticut Supreme Court is set to hear oral arguments Dec. 12 on the Jennifer Dulos murder case, which has received
state and nationwide publicity ever since the 51-year-old mother of five went missing in May. Her husband, Fotis, has been a prime suspect in her disappearance. The couple was going through a divorce at the time of Jennifer Dulos’ disappearance.
At issue before the state’s high court is whether the trial court properly entered a gag order barring defendant Fotis Dulos, attorneys, witnesses and law enforcement from making public statements in the case, and whether those statements pose a substantial likelihood of material prejudice to the case.
The case has also centered on First Amendment rights, and raised questions about what constitutes protected speech in a criminal proceeding. Justices are now set to weigh whether that gag order violates Fotis Dulos’ Sixth Amendment right to a fair trial, and his free speech rights under federal and state constitutions.
The state filed a motion for a gag order that would apply to counsel for both sides, according to the Supreme Court’s synopsis of the case. The motion followed statements by defense counsel regarding the wife’s disappearance and leaks from law enforcement sources, according to court documents. The trial court granted the state’s request, and then went farther by ruling the gag order would apply to witnesses and law enforcement.
The trial court acknowledged that the gag order could affect the First Amendment rights of the affected parties, according to the Supreme Court synopsis of the case. But it found those rights had to be balanced with the defendant’s Sixth Amendment right to a fair trial, which media coverage could compromise.
Norm Pattis, the defense’s lead counsel, appealed the trial court’s ruling. Pattis has spoken frequently to the press about the case.
Connecticut Supreme Court to Hear 10 Cases in December | Connecticut Law Tribune