FACSIMILE FILING CONNECTICUT JUDICIAL BRANCH SONER SHEET INSTRUCTIONS ‘SUPERIOR COURT . www jud.ct.gov_ Ine aolon is pening, rng a oe eal Berta ond aurlig any epplesbie appatete in "a fs any ‘opie process, ‘Tho rangmiseon ror of wack sana bath fing pays contol of roca Bout Boace de nok caine rts Greet cond reca eo” or rOPt OY TO: The Superior Court named below. 2 sedtciat District at: (i Geographical Area No: 1 Juvenite matters at Housing Session at: C2 Smaiiciaims Arca at Ta CSA — 203-965-5955 Besar FST OR19-0148553-T Exhibit in Support of Motion to Modify Conditions of Release ies apa ~ a ae #3 (Unless otherwise directed by the court, documents shall not be more than 20 pages (including caver shoo) .) Tho filing party assumes the risk of incomplete transmission or other factors that result in the document not being accepted for filing. _ | Re aR aa Ta ER lee WaT From: | Kristen Thompson ae 21512020 {1am an attorney of law firm excluded from efling: (] Yes [] No Juris number: _ a ar Trade woe ey FCO TRE was CRT 860-278-3500 860-278-6393 | To Be Completed By The Court Only ‘The document was not filed by the clerk's office for the following reason(s): ‘The document is not in compliance with procedures and technical standards established by the Office of the Chief Court Administrator. See the Judicial Branch procedure at www,jud.ct.gov. (2) The document is longer than 20 pages. C) The document is: [J incomplete, [} ileglble, C1 The document was not accompanied by the required fax cover sheet. CO. The document was faxed to the wrong court CO Other. Under the Procedures and Technical Standards for Electronic Filing set up by the Office of the Chlof Court Administrator, the documents will not be returned by the clerk. "iam (Piet ar ona) Date ‘The Information contained In this fecaimie message may be privileged and confidentie! and is intended only forthe use ofthe indvidual or antity named above. Ifthe reader ofthis 's not the Intended recipient, You are hereby notified that any dsaminetion, dletribution or copying of {his communleation le stretly prohibited. If you receive th communication in eror, pleese notify the sender immediately,020 WRO 15:44 FAX 860 278 6393 ATTY JON SCHOBNHORN (002/003 DOCKET NO. FST CR19-0148553-T : SUPERIOR COURT STATE OF CONNECTICUT J.D. OF STAMFORD-NORWALK vs. AT STAMFORD MICHELLE TROCONIS 7 FEBRUARY 5, 2020 EXHIBIT 1 MOTION T' ‘Y CO] iS OF REL} The defendant, Michelle Troconis, by and through counsel, hereby submits the attached Exhibit A (suicide note of Fotis Dulis dated November 28, 2020) in support of the previously filed motion, HE DEFENDANT ~ MICHELLE TROCONIS C2 iL. Schoenhorn n L, Schoenhorn & Associates, LLC 08 Oak Street, Hartford, CT 06106 Tel: (860) 278-3500 Fax: (860) 278-6393 Juris No. 101793, sasemanagement@schoenhorn.com By: CERTIFICATION Thereby certity that a copy of the foregoing was electronically transmitted on the date of this pleading to the following counsel of record: State’s Attorney Stamford Superior Court 123 Hoyt Street Stamford, CT 06905 Se Ct L. Schoenhorn(totes my head Ae so Behl wat} bo be. 1 Miele Noconis hed. maltinag Jew fers. dicappeavauce Keuk Mauohiaiiery bos aN Mena Wee. of cutysardyec \ carte We. State. che. ye Cieude Mace Cutan Thee: Vlease. lek 74DKT.NO. FST-CR20-0241180-T i SUPERIOR COURT DKT.NO. FST-CR19-01485: 3 All: DKT. NO. Ferenteorrseer 3 All 0s J.D. of STAMFORD SUPERIOR COORT aad STATE OF CONNECTICUT GEOGRAPHICAL AREA 1 v. i FOTIS DULOS : JANUARY 31, 2020 MOTION TO COMPEL DISCOVERY Pursuant to Connecticut General Statutes §§54-86a, 54-86b, and 54-86c, Connecticut Practice Book §40-1 et seq., the 4", 5%, 6%, 8!", and 14 Amendments to the United States Constitution, and Article |, §§ 7, 8, and 9 of the Connecticut Constitution, the undersigned, on behalf of the deceased defendant, Fotis Dulos, and his estate, hereby move the Court to compel the State of Connecticut to comply with the Defendant's request for disclosure dated June 13, 2019. See Exhibit A. Furthermore, Mr. Dulos also moves the Court to compel the State of Connecticut to comply with its continuing obligation to disclose evidence to him. Factual Background Jennifer Dulos, a New Canaan mother of five, was reported missing to the police early in the evening on May 24, 2019. Suspicion immediately turned to her estranged husband, Fotis Dutos, and his girlfriend, Michelle Troconis. Mr. Dulos and Ms. Troconis, who lived together in Farmington, were arrested pursuant to a warrant on June 3, 2019, and charged with hindering prosecution and tampering with evidence. The couple were arrested again on tampering charges on September 4, 2019 and charged with additional counts of tampering. On January 7, 2020, the State arrested Mr. Dulos again pursuant to a warrant charging him with felony murder, murder, and kidnapping.The warrants for their arrests have nonetheless fanned the flames of public speculation that Mr. Dulos was a killer. The State has made public warrants reciting law enforcement “beliefs” that there was a violent struggle in the garage of Mrs. Dulos' home the moming she vanished, that Mr. Dulos traveled to her home, lying in wait for her as she dropped the children off for school, and that he then disposed of her body. Media worldwide have reported law enforcement speculation as fact, prejudicing potential jurors to believe that Mr. Dulos is guilty of the infamous and heinous crime of murder. To the State's chagrin, Mr. Dulos refused to buckle to the immense pressure that the State brought to bear against him and met law enforcement speculation head on, openly raising in court and in the media alternative hypotheses to explain his wife's vanishing, including a “gone girl” scenario’, the possibility of a “revenge suicide” motive, and a general disclaimer of any knowledge as to her whereabouts due to the fact that he was in Farmington, and not New Canaan, the morning she disappeared. Consequently, the State sought and succeeded in bringing even more pressure to bear on Mr. Dulos by obtaining a gag order from the Court to silence Mr. Dulos' attempts to defend his reputation and proclaim his innocence. Characteristically, Mr. Dulos chose to call the State's bluff, filed a public interest appeal with the Connecticut Supreme Court, and awaits a decision from it on the gag order. On January 7, 2020 ~ after more than six months of baseless speculation and unsubstantiated “law enforcement beliefs" — the State finally arrested and charged Mr. Dulos with the crimes of felony murder, murder, and kidnapping. Mr. Dulos was subjected 1 The reference is the work of best-selling author Gillian Flynn's Gone Gir, a 2012 psychological thriller (later made into a popular film starring Ben Affleck in 2014) in which a woman fakes her own death in order to take revenge on her husband.to the unprecedented bond of 6 million dollars, which may very well been unconstitutionally excessive under both the Eighth Amendment to the United States Constitution and Article |, § 8 of the Connecticut Constitution. Mr. Dulos made herculean efforts and succeeded in posting his bond. As a condition of his release, he was also placed under house arrest with limited contact with the outside world — a condition of release that is also constitutionally suspect. Mr. Dulos continued to bravely assert his constitutional rights, moving to dismiss his charges under the Fifth Amendment to the United States Constitution for the State's failure to indict and charge him by a grand jury. On January 23, 2020, the Court tightened the conditions of Mr. Dulos’ release on bond to strict house arrest based on the fact that he had made an unapproved stop at the front of his property to remove a few items that members of the public had placed there to taunt him. The Court warned Mr. Dulos that this was “strike two" and that he would suffer grave consequences if he violated the conditions of his release again. On the moming of January 28, 2020, the Court informed Mr. Dulos’ attorneys that the State had requested an emergency hearing to review Mr. Dulos’ bond at the insistence of the surety company used by Mr. Dulos’ bail bondsman. A hearing was scheduled for 12:00 PM on January 28, 2020. Mr. Dulos never appeared for that hearing. Farmington Police responded to his home and founded him in dire need of medical attention in his garage. Through their diligent efforts, Mr. Dulos was revived and airlifted to Jacobi Medical Center in New York City for specialized care. At 5:32 PM on January 30, 2020, doctors pronounced Mr. Dulos dead. The State Police and Farmington Police obtained a search warrant, which was subsequently sealed, to search Mr. Dulos’ residence after he had been airlifted to JacobiMedical Center. Upon information and belief, they discovered a note in which Mr. Dulos declared his innocence of the infamous and heinous crimes that the State has accused him of and claimed his lawyers have the evidence to prove it. This note is presently in the custody of the Farmington Police Department or the Connecticut State Police, and the undersigned has filed a motion with the Court to preserve it. The undersigned has also filed a motion with the Court to allow Mr. Dulos' estate to be substituted in his place so that he may receive the constitutional due process and the opportunity to clear his name and character that he was denied during his lifetime. Argument Throughout this case, the State, the media, and the public at large have tried the deceased defendant, Mr. Dulos, as a prisoner at the bar of public opinion. That is an incredibly low bar. Baseless beliefs, rampant speculation, and shameless innuendo superseded the constitutional presumption of innocence — a sacred right that our ancestors secured with their blood. Moreover, the State furthered lowered the bar when it did something that it could have never accomplished in a court of law: silencing Mr. Dulos in violation of his constitutional rights to free speech. The State, the media, and the Public at large assigned a public presumption of guilt to Mr. Dulos and even denied him the right to rebut it. At no point did the State produce any hard evidence, or any evidence at all, to demonstrate Mr. Dulos’ guilt despite its constitutional and legal obligations to do so and Mr. Dulos’ formal request for the State to comply with its constitutional and legal obligations. Consequently, the undersigned on behalf of the deceased defendant and his estate move the Court to compel the State to comply with its constitutional and legalobligations to turn over alll of the evidence that the State has gathered in its investigation of Mr. Dulos. On June 13, 2019, Mr, Dulos submitted a formal and comprehensive request for disclosure and production of evidence to the State pursuant to Connecticut General Statutes §§54-86a, 54-86b, and 54-86c, Connecticut Practice Book §40-1 et seq., the 4", 5m, 6, 8, and 14" Amendments to the United States Constitution, and Article |, §§ 7, 8, and 9 of the Connecticut Constitution. See Exhibit A. To date, the State has not produced a single document or piece of evidence in response to the disclosure and production request. Furthermore, the State declined to produce evidence until after Mr. Dulos waived his probable cause hearing, stating its position to be one where it would not turn over the evidence until after the probable cause hearing if Mr. Dulos demanded it. These failures to produce evidence are in violation of the Practice Book, Connecticut law, and the federal and state constitutions. The undersigned recognizes that he asks for extraordinary relief in light of the fact that Mr. Dulos is deceased. However, this case is not an ordinary case and merits that relief. The five young children of Fotis and Jennifer Dulos and their extended families have suffered tragedy that no one in their wildest dreams would have imagine. In under a year, two families have lost a father, mother, son, daughter, brother, and a sister. The savagery of an ongoing criminal investigation and prosecution intensified by unparalleled media and public attention has created even deeper and lifelong wounds for these two families. The Dulos children will grow up facing a living hell. Their reality will consist of competing claims that their father murdered their mother in cold blood, someone elsekilled their mother, or their mother staged her own disappearance to gain tevenge on their father. They deserve better. In the unlikely event the State possesses evidence that proves that Fotis Dulos, in fact, did murder Jennifer Dulos, the Dulos children deserve the finality and certainty of that answer. If the State does not possess evidence that proves that Fotis Dulos murdered Jennifer Dulos and actually possesses evidence that exonerates Mr. Dulos, the Dulos children deserve the finality, certainty, and peace of that answer, and they deserve a refocused effort on the part of the State to find, try, and convict Jennifer Dulos’ real killer. What the Dulos children and the families of the deceased do not deserve is a lifetime of doubt, emotional agony, and uncertainty caused by the savage hurling of accusations and defenses in the heat of battle. They do not deserve the conspiracy theories, the presumption of guilty, and the lynch mob conviction delivered by a bloodthirsty and ignorant public and media Furthermore, even if the Court chooses to deny the undersigned’s motion to substitute Mr. Dulos’ estate as the defendant in this prosecution, justice would still weigh in favor of allowing the undersigned to make a thorough inspection of the State's evidence to provide answers to Mr. Dulos’ family. If the Court denies them this opportunity, they, no less than the Dulos children, must live in the shadow of an agonizing hell that their loved one was a cold-blooded murderer. They deserve finality, certainty, and justice. Mr. Dulos was entitled to his discovery long ago. The State never honored his request. For the foregoing reasons, the undersigned moves the Court to compel the State to honor his request.QRDER The foregoing motion having been heard, it is hereby ordered: GRANTED / DENIED The Defendant, Fotis Dulos BY: {S/ NORMAN A. PATTIS_/S/ /S/ KEVIN SMITH JS/ /S/ ZACHARY REILAND __/S/ /S/ CHRISTOPHER LA TRONICA /S/ Cameron L. Atkinson, Certified Legal Intern His Attorneys PATTIS & SMITH, LLC 383 Orange Street, First Floor New Haven, CT 06511 V: 203-393-3017 F: 203-393-9745 npattis@pattisandsmith.com ksmith@pattisandsmith.com zreiland@pattisandsmith.com clatronica@pattisandsmith.com