NEW CANAAN, Conn. (WTNH) – Michelle Tronocis’ legal team will not have access to sealed documents in a custody case between Jennifer Farber Dulos and Fotis Dulos, a state appeals court has ruled.
Jon Schoenhorn, Troconis’ attorney, had appealed a lower court’s decision. The state appeals court recently upheld the verdict, stating that the attempt to produce the transcripts “constituted an improper subsidiary attack on a sealing order.” A consent document said the trial court had no authority to overturn a sealing order issued by another court in another case because it “would have a devastating impact on the justice system.”
Law honoring Jennifer Farber Dulos, who protects victims of domestic violence in Connecticut
Jennifer Farber Dulos filed for divorce in 2017. A custody hearing took place in 2019.
“While there are other means available to me to obtain these transcripts when I need them, I still believe that illegally withholding court transcripts without a public hearing, without a right to appeal, and without establishing good cause outweighs the right of the Publicity to be present at the trial is unconstitutional,” Schoenhorn said in a written statement to News 8. “I have brought this civil complaint basically on my own behalf. I guess the court isn’t as concerned as I am about the secret trials being held behind closed doors with no good cause established. While I am disappointed with the ruling, it does clarify what remedies are not available. This judgment does not affect my representation of Michelle Troconis or any other client.”
Tronocis was Fotis Dulos’ girlfriend when he allegedly killed his estranged wife in May 2019. Jennifer Farber Dulos’ body was never found.
Troconis is charged with conspiracy to murder, tampering with evidence and obstructing law enforcement. Fotis Dulos died by suicide after being charged with murder.
Kent Mawhinney, Fotis Dulos’ former attorney, is facing charges of conspiracy to murder Jennifer Farber Dulos after authorities said he helped Fotis Dulos establish an alibi.
Schoenhorn faced his own legal challenges in the case, with prosecutors last year seeking to remove him from Tronocis’ defense team. The state argued that Schoenhorn owned a sweatshirt that he intended to use as evidence that Fotis Dulos did not kill Jennifer Farber Dulos, but did not answer questions about how he obtained the garment. He reportedly owned it for a year before turning it over to the authorities.
In February of this year, the state filed a request for the sealing of records about whether communications between her attorney and another attorney were considered confidential. The issue is whether a letter written by her attorney to another attorney constitutes a confidential communication.
A judge has yet to rule on whether Schoenhorn will be removed from the defense team or whether Schoenhorn’s request to move the trial to another location will be granted.
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