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

[jakat]

dbm

 

[al66pine]

Fidelity a/c?

(NBCCT)
Probate Court Judge Evelyn Daly set a status conference date of February 10th, 2021 for the motion to declare that Jennifer is deceased. A hearing on the issue will be set at a later date.

@sds71 bbm Thx for post. Shannon Miller (NBCCT) reporter's FB post's pdf or image of Judge Daly decree refers to decedent's IRA at Fidelity Inv.

And the administrator or custodian of the 401k requires a certified copy of the death certificate before they can release it.

pernickety Thx for post. bbm
I'm confused. What type of a/c is it --- IRA or 401(k)?

BTW @pernickety I'm not questioning your post re admn'r or cust'n requiring cert'ed copy of death cert, before accepting instructions re a/c or making distrib's.

 

[al66pine]

Autopsy Report?

I'm also recalling another reference where due to certain statutory provisions, what is documented on the death certificate might arguably be more important than what is found on autopsy. For example, under Texas law, a “death certificate certified by the state registrar is prima facie evidence of the facts stated in the record”(1). “Prima facie” evidence is evidence, if not rebutted, that is sufficient to prove a particular proposition or fact.
Not to mention there is usually no certifying an autopsy report or that the cause of death on autopsy is inadmissible as hearsay.
(1) Tex. Health & Safety Code Ann., Section 191.052 (Vernon 2005).

@Seattle1 bbm Not sure I'm following bbm about certifying an autopsy report, but maybe I'm thinking about a different context than your post. Seems in a homicide case, typically the physician who performs the autopsy is called to testify about the findings in the report.

Maybe I need to to reread the post. In the morning, after a cup of coffee. Or more.

 

[Seattle1]

So the arrest warrant says that the ME says---- That's hearsay, isn't it? From what I've read (on IRS site) the custodian of the 401k has to have a certified copy of the death certificate. So the judge would be right IMO to require the same. B/c 401ks come under federal ERISA law, not a state PC. Maybe by the time of the Feb hearing, there'll be a death certificate from the ME, based on new evidence from KM.

Judge Daly's response, dated 12/4/2020, references FD's individual retirement account (IRA) but the rules for 401k or IRA would be the same for the custodian or Fidelity.

The ME stated his opinion that the loss of blood in evidence would not be survivable without medical intervention, and this opinion can certainly be rebutted.

 

[Seattle1]

Autopsy Report?
@Seattle1 bbm Not sure I'm following bbm about certifying an autopsy report, but maybe I'm thinking about a different context than your post. Seems in a homicide case, typically the physician who performs the autopsy is called to testify about the findings in the report.

Maybe I need to to reread the post. In the morning, after a cup of coffee. Or more.

An autopsy is generally performed by a pathologist.

In most states across the country, the medical examiner or coroner is charged with establishing the cause and manner of death. Take note that the ME is able to determine the cause of death even without an autopsy-- they are not typical for every death. Obviously, homicide is an exception to the rule.

I've buried many family members and not one ever had an autopsy but all had certified death certificates issued.

 

[pernickety]

Fidelity a/c?
@sds71 bbm Thx for post. Shannon Miller (NBCCT) reporter's FB post's pdf or image of Judge Daly decree refers to decedent's IRA at Fidelity Inv.
pernickety Thx for post. bbm
I'm confused. What type of a/c is it --- IRA or 401(k)?

BTW @pernickety I'm not questioning your post re admn'r or cust'n requiring cert'ed copy of death cert, before accepting instructions re a/c or making distrib's.

It's always before been referred to as a 401(k). See article below for first mention of it.

“Blawie denied Pattis’ request to have his law firm take control of Fotis Dulos’ 401(k) for assurance purposes.”

Fotis Dulos out on bail; prosecutor says his DNA found in Jennifer Dulos’ home

 

[pernickety]

Judge Daly's response, dated 12/4/2020, references FD's individual retirement account (IRA) but the rules for 401k or IRA would be the same for the custodian or Fidelity.

The ME stated his opinion that the loss of blood in evidence would not be survivable without medical intervention, and this opinion can certainly be rebutted.

Was always before referred to as a 401k. (Possibly some contributions made by FD's x-employer?)

Has the ME's report ever been published? Or is it only referred to in the AW?

 

[pernickety]

The Patch also has an article about the KM interview:
Is Kent Mawhinney Seeking Plea Deal In Jennifer Dulos Case?

Attorney Schoenhorn, however, would not comment to the Patch. I guess he's selective with whom he speaks.

"Patch reached out to Lee Gold and Jeremy Donnelly, Mawhinney's attorneys, for comment but did not receive a reply. Schoenhorn did not offer a comment after he was reached by Patch; he filed the motion with Stamford Superior Court on Monday."

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FOX 61
Schoenhorn interview video




"A lawyer for Michelle Troconis-- a woman charged in connection to the disappearance of Jennifer Dulos-- wants the state to reveal additional evidence about alleged co-conspirator kent Mawhinney's case. According to attorney Jon Shoenhorn's motion for additional disclosure and examination-- he is asking for the state to share any alleged confessions, written statements prepared by law enforcement, and other recorded interactions between Mawhinney and police. Kent Mawhinney is also charged with conspiracy to commit murder in connection with the killing of Jennifer Dulos. Mawhinney is due in court for a pretrial hearing in this case on February 2.He pled not guilty to the charges against him. Norm Pattis, who represented Fotis Dulos, was asked if he had any comment about assertions made by Troconis’ attorney,Jon Schoenhorn, and he texted back and said “no comment.” Related Articles Michelle Troconis to appear in Stamford Court The search for Jennifer Dulos continues in Connecticut"

 

[Morgan10028]

It's always before been referred to as a 401(k). See article below for first mention of it.

“Blawie denied Pattis’ request to have his law firm take control of Fotis Dulos’ 401(k) for assurance purposes.”

Fotis Dulos out on bail; prosecutor says his DNA found in Jennifer Dulos’ home

When you move money out of a 401k to make it liquid, it is first moved to an IRA. The brokerage has to trade the investments of the 401k by the closing of the trading day. You can then pull money from the IRA more readily, which I believe is what he needed. Had FD kept his 401k in active trading mode, for lack of better words, it would be subject to market fluctuations.

MOO-When Pattis asked the Court to use FD's 401k as assurance, I think he was trying to avoid the tax penalty of withdrawing from a 401k. Problem is, if the market crashed, the 401k could reasonably be half the value overnight, therefore making it unstable for assurance purposes.

 

[Morgan10028]

New Schoenhorn interview on Court TV....

• KM allegedly never saw MT when he went to 4JX on May 24th
• LE interview with KM was 2 1/2 hours
• The KM info was part of a greater discovery/information dump of several terabyte's dropped the day after Thanksgiving
• Unknown if KM took a polygraph at the CT State Police field office where polygraph's are conducted
• Ashleigh Banfield cross-examines AS on the Albany Ave trash dump (my favorite part!)

MOO

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[Megnut]

New Schoenhorn interview on Court TV....

• KM allegedly never saw MT when he went to 4JX on May 24th
• LE interview with KM was 2 1/2 hours
• The KM info was part of a greater discovery/information dump of several terabyte's dropped the day after Thanksgiving
• Unknown if KM took a polygraph at the CT State Police field office where polygraph's are conducted
• Ashleigh Banfield cross-examines AS on the Albany Ave trash dump (my favorite part!)

MOO

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Wait! What? KM says he was at 4JC on the 24th (during the dinner party? What about the meat run?) to get documents AND was back on the 24th to also get documents (but saw no one)? That's a lot of document-getting. Really suspicious timing for document-getting as well.

Methinks he might not be sharing EVERYTHING he knows, just enough to gain freedom.

Maybe this will compel MT to counter his admissions. A game of pointing fingers.

Incredibly KM asserts that the plan occurred spontaneously on the 23rd. Right. Never discussed previously. Nope, no mysterious grave. No disappearing grave. FD think of it just then, asked KM to alibi him, and choir boy KM said, nope, he would not.

It's looks like we're getting SOME truth, just not THE truth IMO.

I hope it's enough to incriminate both conspirators. Orange justice.

JMO

 

[Jmoose]

Wait! What? KM says he was at 4JC on the 24th (during the dinner party? What about the meat run?) to get documents AND was back on the 24th to also get documents (but saw no one)? That's a lot of document-getting. Really suspicious timing for document-getting as well.

Methinks he might not be sharing EVERYTHING he knows, just enough to gain freedom.

Maybe this will compel MT to counter his admissions. A game of pointing fingers.

Incredibly KM asserts that the plan occurred spontaneously on the 23rd. Right. Never discussed previously. Nope, no mysterious grave. No disappearing grave. FD think of it just then, asked KM to alibi him, and choir boy KM said, nope, he would not.

It's looks like we're getting SOME truth, just not THE truth IMO.

I hope it's enough to incriminate both conspirators. Orange justice.

JMO

I am with you...he is selectively sharing, at best. If I was MT, I wouldn’t counter with anything right now. There are a lot of questions to ponder in his 2.5 hour statement. Like you, I do not believe that May 23 was an impromptu meeting that suddenly cropped up while those three were having dinner together, and I don’t believe he (KM) tried to talk them out of anything. There is a good reason why KM ran when he found out that his arrest was imminent

 

[Seattle1]

Was always before referred to as a 401k. (Possibly some contributions made by FD's x-employer?)

Has the ME's report ever been published? Or is it only referred to in the AW?

I don't believe there was ever a report -- just another opinion of what the ME was willing to state. From the AW:

Read the Fotis Dulos Arrest Warrant

The Office of the Chief Medical Examiner was asked to weigh in on the evidence. According to the warrant, "Dr. Gill indicated that based upon the facts of the investigation, the degree of blood loss, as well as other factors, he was prepared to state that Jennifer Dulos had sustained an injury (or multiple injuries) which he would consider 'non-survivable' without medical intervention."

He called such an event a "'homicide of violence' to likely include some combination of traumatic, blunt-force injuries such as a bludgeoning/beating, and/or sharp-force injuries such as a stabbing/slashing."

 

[Morgan10028]

Nothing new here other than another Schoenhorn interview...in which he is name calling KM. Dropping it here to show the media circus that Schoenhorn is so very comfortable living within and is once again 'doing the rounds' MOO.

Atty Weinstein was dead-on when he stated AS's position in probate court: “This is just going to be an excuse for some media frenzy around the Troconis case,” @SabinaKuriakose

I'm with @citygirl, Schoenhorn is indeed the gift that keeps on giving. AS is out for AS and his latest round is completely detrimental to his client, IMO.

‘We’re dealing with a disgraced ex-lawyer who has other legal problems in other courts’: Attorney for Troconis fires back at Mawhinney

'We're dealing with a disgraced ex-lawyer who has other legal problems in other courts': Attorney for Troconis fires back at Mawhinney

 

[Seattle1]

When you move money out of a 401k to make it liquid, it is first moved to an IRA. The brokerage has to trade the investments of the 401k by the closing of the trading day. You can then pull money from the IRA more readily, which I believe is what he needed. Had FD kept his 401k in active trading mode, for lack of better words, it would be subject to market fluctuations.

MOO-When Pattis asked the Court to use FD's 401k as assurance, I think he was trying to avoid the tax penalty of withdrawing from a 401k. Problem is, if the market crashed, the 401k could reasonably be half the value overnight, therefore making it unstable for assurance purposes.

Knowing how desperate FD was for cash, I have to believe that the only reason that he did not tap this account in addition to the hard dollar lenders he was doing business with was because he had some internal deal with NP -- collateral if you will after NP tried to get court approval for this money paid to him for a retainer. It certainly wasn't because FD didn't want to incur the early withdrawal penalty -- doubt he feared IRS.

MOO

 

[Morgan10028]

Knowing how desperate FD was for cash, I have to believe that the only reason that he did not tap this account in addition to the hard dollar lenders he was doing business with was because he had some internal deal with NP -- collateral if you will after NP tried to get court approval for this money paid to him for a retainer. It certainly wasn't because FD didn't want to incur the early withdrawal penalty -- doubt he feared IRS.

MOO

I agree with you. Better stated on my part, Pattis used ‘penalties’ as his excuse in court. I also believe that there was more to it at the time, and most certainly advantageous to Pattis.

 

[Tink56]

New Schoenhorn interview on Court TV....

• KM allegedly never saw MT when he went to 4JX on May 24th
• LE interview with KM was 2 1/2 hours
• The KM info was part of a greater discovery/information dump of several terabyte's dropped the day after Thanksgiving
• Unknown if KM took a polygraph at the CT State Police field office where polygraph's are conducted
• Ashleigh Banfield cross-examines AS on the Albany Ave trash dump (my favorite part!)

MOO

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OH....MY....This twisted web just keeps going. Love the fact that the interview was dropped in with the rest of evidence. Colangelo to AS...."You want evidence? Here 'ya go!"

Seriously, during 2.5 hour interview AS only relates that KM says MT and FD asked to help on May 23 and the office/house at 4JX was empty on the morning of the 24th? Seems to me that there is a whole lot of talking that JS isn't sharing. KM, IMO, is protecting himself, but MT is in this up to her ears, too. The resolution will take a lifetime.

Love the discussion about the Albany Avenue date. The only excuse for MT's lack of knowledge that I could find to be true is she mentally challenged. JS doesn't answer Ashleigh's questions well at all.

We've never had an explanation of the "party" at 4JX on the 23rd. If others were there, LE knows if KM was in attendance. I'm bothered (this is from memory only) about the phone pings at Mountain Spring during the "getting more meat" trip by FD. Wasn't KM's phone pinging there also?

LE also seems to have exonerated MT early in the investigation for her movements on the 24th. There is the possibility that when KM arrived at 4JX on the morning of the 24th, his phone was there, MT was taking her daughter to school. I need to go back and look at the warrants. However, there is the piece about the AT phone call from Greece. FD was very sure he had an alibi for that morning. He sold it to NP initially.

This is going to require some re-reading of warrants. Thanks for posting the interview @Morgan10028!

 

[Niner]

snipped...
Mawhinney is due in court for a pretrial hearing in this case on February 2.

I have February 1st as his next hearing. But then again I see I have 2/2/21 in another place too...
@Tink56 ?? Can I bother you & see what date his murder hearing is? TIA!

 

[Morgan10028]

OH....MY....This twisted web just keeps going. Love the fact that the interview was dropped in with the rest of evidence. Colangelo to AS...."You want evidence? Here 'ya go!"

Seriously, during 2.5 hour interview AS only relates that KM says MT and FD asked to help on May 23 and the office/house at 4JX was empty on the morning of the 24th? Seems to me that there is a whole lot of talking that JS isn't sharing. KM, IMO, is protecting himself, but MT is in this up to her ears, too. The resolution will take a lifetime.

Love the discussion about the Albany Avenue date. The only excuse for MT's lack of knowledge that I could find to be true is she mentally challenged. JS doesn't answer Ashleigh's questions well at all.

We've never had an explanation of the "party" at 4JX on the 23rd. If others were there, LE knows if KM was in attendance. I'm bothered (this is from memory only) about the phone pings at Mountain Spring during the "getting more meat" trip by FD. Wasn't KM's phone pinging there also?

LE also seems to have exonerated MT early in the investigation for her movements on the 24th. There is the possibility that when KM arrived at 4JX on the morning of the 24th, his phone was there, MT was taking her daughter to school. I need to go back and look at the warrants. However, there is the piece about the AT phone call from Greece. FD was very sure he had an alibi for that morning. He sold it to NP initially.

This is going to require some re-reading of warrants. Thanks for posting the interview @Morgan10028!

LOTS of nuggets in that interview @Tink!

Fwiw, why has Schoenhorn extended the interview by an hour between Monday and Tuesday? He was in several interviews saying it was 90 minutes and in Court tv it was 2 1/2 hrs? I rewatched a few day 1 (Dec 7th) interviews because I got the impression that AS was trying to say KM wasn't ever at 4JX on May 24th, and on Court tv he was indeed there on May 24th. He's flailing already while saying that KM's lawyers can't keep the story straight.

GREAT point on AS focusing on just a few key pieces of what KM had to say in that 90-150 minute interview. Seems he only mentioned the parts he wanted or could attempt to poke holes in, idk. There was WAY more said, without a doubt! MOO

As for the May 23rd party, I also do not recall hearing a lot about it, though when Weinstein asked MT in the civil depo how often she socializes with Beth Johnson (Steffen Reich's, FD's former employee and current Real Estate agent's, girlfriend), I somehow tied that to mean she was at the party as well (see attached from the civil court transcript) though I could be very wrong about that. We also know the Haines' and/or Hinman's were there because one of the wives left her purse behind. If they needed more meat while the party was happening, I would take that to mean that it was a larger gathering than expected. FD doesn't strike me as the type to be unprepared with food or drink for a party. Further, I remember earlier in the threads it was mentioned that perhaps the party was to plant an abundance of DNA in the house in advance of Jennifer's disappearance. MOO

As for the Albany Ave segment, don't you just LOVE how casually Schoenhorn says "and then they went to Starbucks, police have video of them ordering sandwiches" AS IF it would all make sense. HA! Their choice in Starbucks locations has always made the Albany Ave trash dump MORE suspicious to me-MOO! Why not go to the Starbucks right in Farmington (3.2 miles from 4JX), OR the Starbucks on LaSalle (4.8 miles from 4JX), OR the Starbucks on New Britain Ave (5.4 miles from 4JX)? (see attached Google maps) NOPE, let's go the Starbucks on Albany Ave (6.1 miles from 4JX), and an area well known for it's enormously high crime rate. How often did FD and Troconis go to Albany Ave and/or the furthest Starbucks from their home? You know, normal for Friday night on a Holiday weekend. MOO. It's well documented that there were no other errands, they were seen on camera pulling into the driveway at 4JX directly after. So this absolutely was NOT something that a passenger/Troconis wouldn't question because she "was texting her family and her daughter". NOPE, not buying it, but hilarious effort. MOO

 

[Tink56]

LOTS of nuggets in that interview @Tink!

Fwiw, why has Schoenhorn extended the interview by an hour between Monday and Tuesday? He was in several interviews saying it was 90 minutes and in Court tv it was 2 1/2 hrs? I rewatched a few day 1 (Dec 7th) interviews because I got the impression that AS was trying to say KM wasn't ever at 4JX on May 24th, and on Court tv he was indeed there on May 24th. He's flailing already while saying that KM's lawyers can't keep the story straight.

GREAT point on AS focusing on just a few key pieces of what KM had to say in that 90-150 minute interview. Seems he only mentioned the parts he wanted or could attempt to poke holes in, idk. There was WAY more said, without a doubt! MOO

As for the May 23rd party, I also do not recall hearing a lot about it, though when Weinstein asked MT in the civil depo how often she socializes with Beth Johnson (Steffen Reich's, FD's former employee and current Real Estate agent's, girlfriend), I somehow tied that to mean she was at the party as well (see attached from the civil court transcript) though I could be very wrong about that. We also know the Haines' and/or Hinman's were there because one of the wives left her purse behind. If they needed more meat while the party was happening, I would take that to mean that it was a larger gathering than expected. FD doesn't strike me as the type to be unprepared with food or drink for a party. Further, I remember earlier in the threads it was mentioned that perhaps the party was to plant an abundance of DNA in the house in advance of Jennifer's disappearance. MOO

As for the Albany Ave segment, don't you just LOVE how casually Schoenhorn says "and then they went to Starbucks, police have video of them ordering sandwiches" AS IF it would all make sense. HA! Their choice in Starbucks locations has always made the Albany Ave trash dump MORE suspicious to me-MOO! Why not go to the Starbucks right in Farmington (3.2 miles from 4JX), OR the Starbucks on LaSalle (4.8 miles from 4JX), OR the Starbucks on New Britain Ave (5.4 miles from 4JX)? (see attached Google maps) NOPE, let's go the Starbucks on Albany Ave (6.1 miles from 4JX), and an area well known for it's enormously high crime rate. How often did FD and Troconis go to Albany Ave and/or the furthest Starbucks from their home? You know, normal for Friday night on a Holiday weekend. MOO. It's well documented that there were no other errands, they were seen on camera pulling into the driveway at 4JX directly after. So this absolutely was NOT something that a passenger/Troconis wouldn't question because she "was texting her family and her daughter". NOPE, not buying it, but hilarious effort. MOO

Continiuing to smile at AS's explanation for MT's uninterest in FD's behavior on Albany Avenue. Now she was also texting with family?!

In the interview, she stated she must have been "Talking to Petu". Didn't hear her mention anyone else. I guess she stopped talking "to Petu" while she was wiping her hands on the curb???? (Adding...That's not very demure behavior.)