STAMFORD — The attorney for Michelle Troconis says he’s considering federal court intervention if his quest to have his client’s GPS tracking device removed fails at the state level.
“I’m going to keep filing appeals on the bracelet,” attorney Jon Schoenhorn said. “In my opinion, it’s the 21st Century ankle shackles used in chain gangs. Other states have held that long-term use of ankle-bracelet monitoring is cruel and unusual punishment under the Eighth Amendment.”
Schoenhorn said plans to continue filing motions for the removal of the device until all of his options in state court have been exhausted.
“Eventually, I could go to federal court,” he said.
Troconis has been required to wear a GPS ankle monitoring device since she was first arrested in June 2019 in connection with the death and disappearance of Jennifer Dulos.
Troconis is free on $2.1 million bond after pleading not guilty to two counts of tampering with evidence, hindering prosecution and conspiracy to commit murder.
Schoenhorn has repeatedly asked the state Appellate Court to intervene in his quest to have the ankle bracelet removed. Troconis can travel out of state with the permission of the court, but she is required to continue wearing the location-tracking device.
The Appellate Court previously declined to intervene because a lower court had not ruled on Schoenhorn’s motion to have the device removed.
In his most recent filing, Schoenhorn asked the Appellate Court to review Stamford Superior Court Judge John Blawie’s Feb. 2 decision, which required Troconis to remain on monitoring while her attorney claimed it impacted her ability to water ski and attend her daughter’s snow ski competitions.
Schoenhorn contended the continued use of the device violates several amendments to the U.S. Constitution, including his client’s right to be free of punishment while her case is pending.
“Despite the continuous burden these non-financial conditions place on her liberty, life, family, relationships and defense preparation, the defendant never violated a single one,” Schoenhorn said.
Prosecutors, including Senior Assistant State’s Attorney Ronald Weller with the Appellate Bureau of the Office of the Chief State’s Attorney, have staunchly opposed the removal of the GPS unit. Prosecutors have said Troconis is a flight risk with no strong ties to Connecticut.
In an appellate brief filed Thursday in response to Schoenhorn’s request, Weller argued the trial court “did not abuse its discretion” when the judge refused in February to have the device removed.
“The trial court’s ruling was well within its ambit of discretion,” Weller said. “The reasonableness of the court’s ruling is particularly evident given that the petitioner is not incarcerated, and now is no longer subject to numerous conditions that previously had been imposed. Given the seriousness of the crimes charged, the weight of evidence and the petitioner’s lack of ties to Connecticut, the trial court did not abuse its discretion by continuing the condition of electronic monitoring.”
Blawie pointed out during the Feb. 2 hearing that the ankle bracelet did not interfere with Troconis’ ability to make a living because skiing is a recreational activity, Weller said. The judge also lifted the house arrest condition, removed the requirement that Troconis report to a probation officer and she no longer has to participate in “intensive pretrial supervision,” Weller said.
In weighing his decision, Weller said Blawie considered the seriousness of the alleged crimes.
“There can be little argument that the petitioner’s crimes are serious in that she has been charged with six felonies, which includes a charge of conspiracy to commit murder,” Weller said.
Troconis is accused of helping her former boyfriend, Fotis Dulos, after police say he attacked his estranged wife in her New Canaan home on May 24, 2019, arrest warrants state. Jennifer Dulos has not been found, but police said she is presumed dead based on evidence found in the garage of her home, arrest warrants state.
Fotis Dulos died in January 2020 from a suicide while facing murder, kidnapping and other charges in the case.
Fotis Dulos and Troconis were captured on video in Hartford the night of the disappearance, arrest warrants state. The footage showed Fotis Dulos dumping garbage bags that police said were later determined to contain his estranged wife’s blood and clothing, arrest warrants state.
Troconis was also caught on video helping her former boyfriend bring a Toyota Tacoma pickup truck owned by one of Fotis Dulos’ employees to a car wash in the days after the disappearance, Weller said. Police said Fotis Dulos used the pickup truck the day of the disappearance, according to arrest warrants.
“Eventually, the police recovered the back seat from the Tacoma and found Jennifer’s blood on it,” Weller said.
Troconis also admitted that she lied to investigators and “provided a false alibi as to (Fotis) Dulos’ whereabouts on the morning of the murder,” Weller said. “The foregoing evidence presents a compelling case against the petitioner, and the strength of the state’s case is a valid factor for the court to assess the ‘likelihood that the defendant will abscond.’”
Kent Mawhinney, a former attorney and longtime friend of Fotis Dulos, has also pleaded not guilty to conspiracy to commit murder in the case. Mawhinney is also required to wear an electronic monitoring device after he was released on a reduced bond in October, weeks after he spoke with investigators while incarcerated. A prosecutor said Mawhinney will likely testify against Troconis if her case goes to trial.
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Attorney considers federal intervention for GPS device in Jennifer Dulos case - The Advocate
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