He will be painted by the defense as a person of poor character, with a lack of honesty. But sensible people ought to see through that. I wonder who the defense will call as witnesses? I doubt that Michi will testify on her own behalf, but it would be entertaining, I think. Will her mother be called as a witness? If she is, can her truthfulness be questioned, because of her medicaid fraud charge?
Still Missing CT - Jennifer Dulos, 50, New Canaan, 24 May 2019 *ARRESTS* #56
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NE NE - Chance Englebert, 25, Gering, 6 July 2019 (new father) #2- Latest: Songbird1973
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OK Michael James MacDougal, now 19, missing from Stilwell since 10 December 2020- Latest: feels_close_to_home
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If anything, I think it's a good window into MT's defense: I think MT's going to hold firm that she (and her entourage) believes Jennifer disappeared voluntarily, and if there's any evidence that contradicts this, the answers are ONLY with fD, and now maybe PG, and that it's not her fault that fD suicided, or that authorities failed to investigate PG!
However, due to the most serious charge against MT, I can see why she would want to maintain her belief that Jennifer is alive, and never concede (in front of the jury) that she was murdered.
In going along with this defense, MT will probably rely heavily on how barely a week or so after Jennifer disappeared, the court prohibited her from having any further contact with fD (i.e., June 3, 2019 bond release). MT will try and push that ever since her early arrest following Jennifer's disappearance, she truly couldn't provide any observational insight on fD, and that once he realized MT was going to be compliant with the Court's conditions of her release, fD dumped her and found himself another woman.
Yeah, I think this will be the mantra by the defense for reasonable doubt-- with the hope to appeal to at least one juror.
Also, I can't think of any other reason why the defense went to such great lengths trying to get to that Court Ordered evaluation that most likely included a paragraph painting Jennifer as unstable, and where the defense planned to contend that Jennifer had the means to go underground, undetected, for the rest of her life.
Recalling that by the time of the couples 2nd arrest in Sept 2019, fD's attorney Norm Pattis was already long on the media circuit depositing the same 'Gone Girl' theory as was fD in his appearance on Dateline. It was to the point that the Court imposed a gag order.
The irony here is I don't think there's a man or woman alive going through a very contentious divorce right now that will not escape being described as unstable at least once before the process is over and done!
And don't even get me started on the what I think about the author of the Court ordered report and IMO, his man-crush on fD.
Another thing I think the defense will rely on for this defense strategy -- shortly before the 2nd arrest of MT/fD, MT and Bowman had another interview with LE where she recanted some of what she said earlier during questioning and confirmed the the alibi scripts were inaccurate, because she did not see Fd from waking on 5-24-19, and Fd did leave his cell phone in the office that morning which was agreed was unusual for him.
9/12/19
Connecticut Superior Court Judge John Blawie’s gag order prohibits all the attorneys and law enforcement involved in case, as well as Dulos, his family and potential witnesses from publicly discussing the case.
A memorandum to the order cites a recent NBC “Dateline” special and several articles in which Dulos’ attorney discusses his “gone girl” and revenge suicide theories as examples of remarks that could affect the trial. Pattis also “made disparaging remarks about her (Jennifer Dulos’) mental health and personal life,” the memo said.
Also, members of an unknown police department have leaked nonpublic information about the investigation to the media, the memo said.
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The defense doesn't need to call any witnesses -- they have no burden of proof here.
Had they been able to get the the report Ordered by Family Court, they would have probably called the author of the report as an expert witness to explain the evidence being admitted in this case. So no, unless it will support their theory that Jennifer is not dead, I don't think they will call any witnesses.
I know, but with what I think is going to be quite a bit of evidence against the sweet and pure MT, surely this defense will have some witnesses, right? We’ll see what happens. One thing I am sure of is that she won’t testify. That would be madness.
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A beloved daughter, mother, sister, friend. And vibrantly alive and gifted in her own right. This VF article is a little too fD appearance-focused and heritage-breathless for my taste, but brings forth so much of JFd, IMO. I remember hanging around those NYC haunts in the 90s.
“Fates and Furies: When Jennifer Farber disappeared in 2019, suspicion immediately centered on her handsome and manipulative husband, Fotis Dulos, and press coverage almost exclusively painted her as a missing suburban mom. But reducing the 50-year-old’s life to a familiar tabloid trope missed so much… “
“Fates and Furies: When Jennifer Farber disappeared in 2019, suspicion immediately centered on her handsome and manipulative husband, Fotis Dulos, and press coverage almost exclusively painted her as a missing suburban mom. But reducing the 50-year-old’s life to a familiar tabloid trope missed so much… “
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Yes -- I very much agree.
As an attorney KM understands the evidence the state has and the elements the State must prove to convict him. More important here, MW knows he did nothing to thwart fD from carrying out his plan including to warn Jennifer
First, unlike MT, KM is only charged with conspiracy to commit murder (MT also charged tampering with or fabricating physical evidence and hindering prosecution), and unless he believes he can prove that he withdrew his agreement (i.e., withdrew from the conspiracy), I very much doubt that KM will go to trial. Be reminded KM is accused of trying to create an alibi for fD on the morning of Jennifer's disappearance.
The way I see it, KM has probably agreed with the State to defer negotiating any plea agreement until after MT is convicted because conspiracy is not a solo act. In other words, MT can't be charged with conspiracy to commit murder without having at least one co-conspirator (fD died innocent of murder). Just the same, if I understand CT conspiracy laws correctly, if MT is acquitted of conspiracy to commit murder, I believe the conspiracy charges against KM will probably be dropped.
Conspiracy Requires a State's Attorney to Prove the Following Facts:
To be convicted of conspiracy in violation of Connecticut General Statutes § 53a-48, the prosecutor has to prove the following elements of the crime:
1. The defendant intends that conduct that constitutes a crime be performed; and
2. The defendant agrees with one or more persons to engage in or cause the performance of such acts; and
3. And one of the participants commits an overt act in furtherance of the agreement
Defenses to Conspiracy:
Conspiracy is often an easy case for the state to prove as often co-defendant's will testify against each other. Also, the state does not have to prove all of the elements of the attempted crime. The state only has to prove that an agreement was made to commit an illegal act and that someone who was part of the conspiracy took an overt act towards that goal.
There has to be an agreement to commit a crime for there to be a conspiracy. Many times, police will charge people who are in the wrong place at the wrong time with the crime of conspiracy, but they really have no proof that there was an agreement or understanding to commit a criminal act. Since conspiracy is a crime that requires evidence that an intention existed to commit a crime, many defense strategies focus on negating the element of intent.
C.G.S. § 53a-48(b) provides an affirmative defense of renunciation against prosecution for conspiracy. In practice, renunciation is only effective if you can prove that you withdrew from the conspiracy and also thwarted the success of the conspiracy.
Penalties:
Connecticut General Statutes § 53a-48- conspiracy is charged at the same level and degree of the crime that was attempted except for Class A felonies that are charged as Class B felonies. This means that MT and KW face up to 20 years in jail for conspiracy to commit murder.
C.G.S. § 53a-48 – Conspiracy | Fairfield County Criminal Defense Attorney
Free Consultation - Call (203) 357-5555 - Allan F. Friedman aggressively represents the accused against charges in Criminal Defense & Crime cases. C.G.S. § 53a-48 – Conspiracy - Fairfield County Criminal Defense Lawyer
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According the JLS, MT's recorded police interrogation interviews become public on Monday. In preparation of the release of this evidence, I read MT's Jan 6, 2020 arrest warrant which provides there were 3 interviews between police and MT on the following dates:
In addition to MT's warrant noted above, I further recommended referencing fD's arrest warrant of Sept 4, 2019 which provides some great references to PG's cooperation with the investigation and the details he provided to investigators without being asked or prompted for the information. There's no doubt in my mind that PG isn't anything more than another victim of this deadly duo, and that he will be a good witness for the state.
From MT's warrant, PG states that fD told him he would get in trouble if he talked to police because he wasn't a US Citizen -- PG has a green card. It appears that fD obtained a lawyer referral for PG. IMO, not being a citizen would be another good reason request use and derivative use immunity as a witness.
Troconis Arrest Warrant
In addition to MT's warrant noted above, I further recommended referencing fD's arrest warrant of Sept 4, 2019 which provides some great references to PG's cooperation with the investigation and the details he provided to investigators without being asked or prompted for the information. There's no doubt in my mind that PG isn't anything more than another victim of this deadly duo, and that he will be a good witness for the state.
From MT's warrant, PG states that fD told him he would get in trouble if he talked to police because he wasn't a US Citizen -- PG has a green card. It appears that fD obtained a lawyer referral for PG. IMO, not being a citizen would be another good reason request use and derivative use immunity as a witness.
Troconis Arrest Warrant
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More recently, I've been following the 2014 murder of Professor Dan Markel where although there was only one gunman who fired the shot that killed Markel as he sat inside his car, I've watched four co-defendants all get convicted of conspiracy to commit murder. And less than a month ago, one more co-defendant was arrested and charged with the same conspiracy murder and solicitation charge.
The prosecution was successful here because they only had to focus on proving three points of law to the jury, and none of them included proving murder. All the co-defendants cross examined the state's witnesses but none called any witnesses to present new or different evidence beyond what the state already presented. The state's witnesses must have been truthful because no defendant called a rebuttal witnesses to try to impeach the testimony of any state witness.
Unlike some states that have a punishment phase where defendants get to call character witnesses who tell the court why they should be lenient, I can't think of who MT would call as a witness for the guilt phase other than somebody that can challenge the testimony of KM or PG. KM already told investigators he was at fD's office the morning Jennifer was murdered, and MT told investigators she saw MW at the office and talked to him.
In this case, based upon the allegations contained in the arrest warrant, there was no wiretap of the co-conspirators agreeing to plan the killing of Jennifer. There was no email, text message or letter which confirmed the plan to kill Jennifer and the roles of each co-conspirator.
However, each co-conspirator engaged in conduct which would seemingly be difficult to explain, absent an agreement between the co-conspirators to plan to assist fD in committing the crime of murdering Jennifer. The arrest warrant alleges that each co-conspirator – MT and KW – took overt actions in furtherance of the conspiracy. (Aiding fD in covering up the murder of Jennifer).
I think a jury is going to find MT guilty within 3 hours or less. JMO
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I followed this, too - and think it has a great deal of relevance to the Dulos case. The verdict for Charlie Adelson, and the arrest of his mother Donna should frighten MT and her family very much. Of course, her defense team has no obligation to “ prove her innocence”, as her fund raiser on Fundly calls it; but judging from the loads of crap appearing on social media, I wonder if the Troconis team will be able to trust the process of making the prosecution prove their case against her?
That was a good article, and one that I had not previously read. No new information in it, but as you said, a great recap. I imagine that after the start of MT’s trial, there will be some interesting information that we haven’t heard before, and we will just have to wait and see. I wonder if the two ponchos, that had Jennifer’s DNA on them, also had DNA from fD and MT on them? I am really hoping that her trial goes the way you think it will, with a guilty verdict in about 3 hours. The most recent motions by her lawyer, and the fundraiser and joint statement by MT’s parents indicate to me that they are concerned that she will be convicted.
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Liar, liar, pants on fire makes a co-conspirator to murder.
From the beginning, MT's family has proven they are both ignorant of the law, and blinded by their daughters untruths (which will prove to be her undoing and get her convicted). For all the $$$ invested in MT's defense, shame on them for ignoring the facts, evidence, and probably early legal advice by Andrew Bowman.
When the family says MT is innocent, she very well may be innocent of never touching the actual knife/weapon that caused Jennifer's fatal wounds but pursuant to a legal doctrine in the U.S. known as the felony murder rule, the doctrine holds that anyone involved in certain kinds of serious felonies that result in death, is as liable as the actual killer.
They can spin it however they like but innocent people have no reason to lie about anything.
When AB allowed MT to speak to police following her initial arrest, I think AB was probably attempting to work out some sort of cooperation agreement with the state regarding the allegations of the offenses by MT. But instead of following the golden rule of criminal defense that if you are going to make a statements to police, you have to be 100% truthful, MT chose to provide false and/or misleading information to police (and her lawyer). She lied because she was covering for fD murdering Jennifer-- the very definition of conspiracy to commit murder!
For the family to now make a statement citing MT's earnest cooperation with the police back in 2019, it's not only false, but it's stupid-- given the hole MT dug for herself immediately. Let's hope they all watch MT's interviews together when made public on Monday.
And at least CT provides that punishment for conspiracy to commit murder is not punished as a Class A felony (25 yrs to life) but as a Class B felony (up to 20 years).
MOO...
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If MT had a brain, she would have rolled on FD with a magical plea agreement. Like KK, rodeo queen, who turned on her murdering lovah and received a 12 minute sentence. Served and out.
Poor MT. She missed her chance to be an informant. Missed her chance to launch a (weak) battered woman defense (so afraid of FD she felt she had no choice but to comply). 'Sif.
No sympathy.
Mother to mother, she missed her chance to warn JFd...
No sympathy, no mercy.
JMO
Poor MT. She missed her chance to be an informant. Missed her chance to launch a (weak) battered woman defense (so afraid of FD she felt she had no choice but to comply). 'Sif.
No sympathy.
Mother to mother, she missed her chance to warn JFd...
No sympathy, no mercy.
JMO
I will never understand why she didn’t cooperate and tell them what she knew about fD’s activities-especially once he moved Anna into Jennifer’s house. She would most likely be done with all of this by now.
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Michelle Troconis, like Scott Peterson, is another example of an adult child who has never been held accountable for her actions-- raised to believe rules do not apply to her.
And even facing conviction, they continue to enable her!
Agree. No sympathy, no mercy.
JMO
I always assumed that AB wanted and expected MT to cooperate and make the deal she should have, prior to the conspiracy charges in January 2020-I have no doubt that AB gave her the advice to cooperate. I believe he knew that she would face that conspiracy charge if she did not, and looked really upset for her in court when she had to appear before the judge. She was very well represented by him, but when it became obvious that she and her family wanted to go in a different direction, I think he knew how this was going to play out for her. They really are stupidly running headfirst into a long prison term for her. They seem to have thought that their social media campaign of “innocence” was going to do the trick.
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IMO, MT was not a limited conspirator in this. This woman took up with a man who was still married to and living with his wife and children and she joined him in abusing all of them (with lies, asking the children to lie, expecting JFD to subordinate herself to the two of them in her own home).
Nice, believing Christian girls don't do such things, even if their family members have had their picture taken with Mother Teresa.
So why did she? Certainly he was handsome and athletic and at least in their early connections, JFD was not with him so MT could claim ignorance the marriage and family was intact. But, once having moved to CT, the intact family would have been obvious. So it either didn't matter to her because she is not the nice, religious girl others attempt to paint her as, or she is extraordinarily stupid.
She doesn't seem extraordinarily stupid to me, so I think it likely she had the same character flaws FD did, was very attracted by the wealth she hoped to share, and believed herself superior in such a way that she could not be held to normal expectations of behavior.
MT wasn't victim to FD; both of them were character-flawed and they amplified those traits in each other.
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I have empathy for the families of criminals and don't believe in painting all with the same brush. In this case, however, it's been very obvious that that AB was not a good fit for the T's because he spoke facts, evidence, and accountability to MT.
JLS was welcomed with open arms! Why? He immediately demonstrated he was all too happy to enable and encourage the fraud of MT. His first action as her attorney was to allege poor MT was denied an interpreter at the police station!
And JLS hasn't stopped. One cherry picked, frivolous motion after another. And that JLS imposter tweet campaign was shameful.
But he did win MT free of her ankle monitor, I'll give him that! JMO.
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He couldn't have done it without a willing judge. Fries my ...
Meanwhile, JFD's remains still missing. IMO, the ankle monitor should have remained at least until that was resolved.
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Eeek -- they pulled the race card!
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