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

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  • #501
re bold - I haven't heard that & nothing in my notes. I know the DA wants to consolidate all of MT's cases together - that's the only thing I've read/seen re joining charges.

I read it in one of the Hearst newspapers. I searched for it, but couldn't find it. My downfall is not saving articles when I read them. Ugh!
 
  • #502
Judge calls new hearing to determine if Jennifer Dulos is dead

This article doesn't say much new about the PC matter on declaring JFD deceased. I'd like to see the judge's brief, referred to.

Thanks for finding the article Pernickety.

You're right...the article explains nothing about "how" the judge expects to proceed in this future hearing. I don't want it turn into a mini-trial for MT. UGH!

Edited to add: It's another article written by Lisa Backus, the sole reporter on FD
matters and also friend to NP and JS. o_O
 
  • #503
  • #504
Thanks for finding the article Pernickety.

You're right...the article explains nothing about "how" the judge expects to proceed in this future hearing. I don't want it turn into a mini-trial for MT. UGH!

Edited to add: It's another article written by Lisa Backus, the sole reporter on FD
matters and also friend to NP and JS. o_O
It'd be nice if LB or some other reporter would post copy of e.g., the judge's "brief", or other docs from PC file.
 
  • #505
  • #506
Judge calls new hearing to determine if Jennifer Dulos is dead

Dec 5, 2020

FARMINGTON — A Probate Court judge says “more evidence is needed” to determine if Jennifer Dulos is dead.

Probate Judge Evelyn Daly on Friday called for another hearing on Feb. 10 — one day after the executive orders issued by Gov. Ned Lamont placing restrictions on court activities due to the COVID-19 pandemic expires. In her brief filed on Friday, Daly said she wants the hearing to be held in person.

[..]

Daly has been asked to make an unprecedented ruling in the probate case. No person who has been missing for less than seven years has been declared dead in Connecticut.

[..]

Attorney Christopher Hug, the administrator of Fotis Dulos’ estate, asked the Probate Court judge to declare Jennifer Dulos dead so he can access a $194,000 retirement account that has been off limits since no beneficiary had been named.

Hug asked Daly to override a state law requiring a seven-year waiting period to declare a missing person legally dead based on statements made by the state’s Chief Medical Examiner James Gill who reviewed evidence gathered by police and determined Jennifer Dulos likely suffered injuries during an attack that were not survivable without immediate medical intervention.

@Niner
 
  • #507
Actually @Seattle1 - I haven't been keeping track of the probate court stuff. Just the murder....
 
  • #508
Thanks for finding the article Pernickety.

You're right...the article explains nothing about "how" the judge expects to proceed in this future hearing. I don't want it turn into a mini-trial for MT. UGH!

Edited to add: It's another article written by Lisa Backus, the sole reporter on FD
matters and also friend to NP and JS. o_O
^^bbm

Daly has been asked to make an unprecedented ruling in the probate case. No person who has been missing for less than seven years has been declared dead in Connecticut.

If Judge Daly agrees with the unprecedented request, like it or not, FD, MT & KM's names will probably all go down in citation history!
 
  • #509
Actually @Seattle1 - I haven't been keeping track of the probate court stuff. Just the murder....

I'm not tracking probate either except the hearing on Feb 10 is for an unprecedented request: Nobody missing in the state of CT has ever been declared dead before waiting 7 years to pass! It's a big can of worms. MOO

(Good example of worms is what happened in Indiana Probate (i.e., Guardianship) Court for missing Colorado mom Suzanne Morphew).
 
  • #510
Now that MT is out of the state visiting dear old sick dad for an extended length of time, and Judge Evelyn Daly wants the hearing held in person, per Seattle1 post above, I am wondering how hard will it be to get her back in the state?! Is this when she flees?

Bellows is a copy of posting.
“Probate Judge Evelyn Daly on Friday called for another hearing on Feb. 10 — one day after the executive orders issued by Gov. Ned Lamont placing restrictions on court activities due to the COVID-19 pandemic expires. In her brief filed on Friday, Daly said she wants the hearing to be held in person.”
 
  • #511
I'm not tracking probate either except the hearing on Feb 10 is for an unprecedented request: Nobody missing in the state of CT has ever been declared dead before waiting 7 years to pass! It's a big can of worms. MOO

(Good example of worms is what happened in Indiana Probate (i.e., Guardianship) Court for missing Colorado mom Suzanne Morphew).

The CT ME’s office issued a death certificate on Helle Crafts, hardly a month after she went missing in November 1986, based on bone chips, tooth crown. The 7-yr rule didn’t apply there.

"A prosecution for homicide requires an official determination of the death of the alleged victim; typically this is done by identification of a body – which was not available in this case. With the help of a forensic dentist, the tooth crown found on the water's edge was positively matched to Helle's dental records. On this evidence, the Connecticut State Medical Examiner's Office issued a death certificate on January 13, 1987; Richard was immediately arrested. In preparation for trial, state medical examiner H. Wayne Carver obtained a pig carcass that was fed through a woodchipper. The shape of, and marks on, the pig's bone chips after this process were similar to the shape of Helle's bone fragments, strengthening the hypothesis that Richard had used a woodchipper to dispose of his wife's body.[3]

Murder of Helle Crafts - Wikipedia
 
  • #512
Now that MT is out of the state visiting dear old sick dad for an extended length of time, and Judge Evelyn Daly wants the hearing held in person, per Seattle1 post above, I am wondering how hard will it be to get her back in the state?! Is this when she flees?

Bellows is a copy of posting.
“Probate Judge Evelyn Daly on Friday called for another hearing on Feb. 10 — one day after the executive orders issued by Gov. Ned Lamont placing restrictions on court activities due to the COVID-19 pandemic expires. In her brief filed on Friday, Daly said she wants the hearing to be held in person.”

The initial motion was filed by Attorney Hug -- administrator for FD's estate. Hug needs JD declared deceased only so he can access a $194,000 retirement account that has been off-limits since no beneficiary had been named.

IMO, MT's attorney Jon Shoenhorn is not a party to this motion and/or hearing and purposely interjected himself after citing that declaring Jennifer dead could affect MT's case! Really, how is that?

In her 2021 ruling, I expect that Judge Daly will review and explain the basis behind the CT state legislators establishing a seven-year waiting period. I expect we might hear why the law has to be what's best for the protection and interest of the entire state and not just one nasty, decedent and his estate administrator. The fault lies with FD for neglecting to name a beneficiary.

No, I don't think Judge Daly will go there (i.e., declare JD deceased). I'm sure that there have been one or more CT residents whose families (or creditors for that matter) had to wait 7 years or longer to collect life insurance or IRA benefits -- and they probably weren't alleged killers either.

MOO

ETA: I agree with the citation above by @pernickety -- the state ME should declare death after examining evidence, not a probate judge based on an estate administrator's need for cash.
 
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  • #513
The CT ME’s office issued a death certificate on Helle Crafts, hardly a month after she went missing in November 1986, based on bone chips, tooth crown. The 7-yr rule didn’t apply there.

"A prosecution for homicide requires an official determination of the death of the alleged victim; typically this is done by identification of a body – which was not available in this case. With the help of a forensic dentist, the tooth crown found on the water's edge was positively matched to Helle's dental records. On this evidence, the Connecticut State Medical Examiner's Office issued a death certificate on January 13, 1987; Richard was immediately arrested. In preparation for trial, state medical examiner H. Wayne Carver obtained a pig carcass that was fed through a woodchipper. The shape of, and marks on, the pig's bone chips after this process were similar to the shape of Helle's bone fragments, strengthening the hypothesis that Richard had used a woodchipper to dispose of his wife's body.[3]

Murder of Helle Crafts - Wikipedia

I believe the difference here is that the ME examined bone and teeth evidence and was able to issue a death certificate.

Had the ME issued a death certificate for JD, this discussion would be moot. To my knowledge, Hug presented no death certificate to the court.
 
  • #514
  • #515
That's it! Thank you! I just saved it and I will save articles from now on!
You can always reference the media thread. We do try to keep it updated.

Relative to opposition to consolidation, this was all about Shoenhorn not wanting MT's three charges consolidated (yet) but I don't recall anything about consolidating the two defendants cases together. I believe they will be tried separately.
 
  • #516
You can always reference the media thread. We do try to keep it updated.

Relative to opposition to consolidation, this was all about Shoenhorn not wanting MT's three charges consolidated (yet) but I don't recall anything about consolidating the two defendants cases together. I believe they will be tried separately.

Thank you! I didn't think about the media thread. I should go there and refresh my memory.

@pernickety found the article. It was in the Samford Advocate. It's upthread on this page.

Seriously, hope they are tried separately.
 
  • #517
  • #518
  • #519
Sobered up and spilled the beans!
 
  • #520
https://twitter.com/davealtimari/status/1336002644805115904

"There is no indication in court document whether Mawhinney gave state police any information on what happened to Jennifer Farber Dulos after she disappeared. Attorney does refer to him as a "jailhouse informant" in documents indicating he gave them something on Troconis."
 
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