Troconis filed a habeas corpus petition on Sept. 13, which claims her constitutional rights were violated during the Jennifer Dulos investigation in 2019. The filing calls for the judgements against her to be vacated.
Marissa Alter Sep 16, 2024, 5:20 PM
Michelle Troconis, who was convicted in the disappearance and presumed death of Jennifer Dulos, was back at Stamford Superior Court Monday on a contempt of court charge related to allegations she displayed a sealed court document on her laptop during the trial. The hearing lasted one minute, during which Assistant State’s Attorney Elizabeth Moran said no offer has been made to Troconis, but both sides and the judge had further discussions Monday. While there was no development in the contempt case, there has been one in Troconis’ effort to be released from prison.
Troconis filed a habeas corpus petition on Sept. 13, which claims her constitutional rights were violated during the Jennifer Dulos investigation in 2019. The filing calls for the judgements against her to be vacated. Troconis has been at York Correctional Institution since March 1, when a jury found her guilty of conspiring with her then-boyfriend, Fotis Dulos, to kill his estranged wife and helping him cover up the crime. Judge Kevin Randolph sentenced Troconis to 14 ½ years in prison.
The habeas petition targets her initial attorney, Andrew Bowman, for alleged “deficient performance and/or incompetent counsel” and then-Stamford State's Attorney Richard Colangelo for allegedly failing to honor an agreement in exchange for Troconis’ cooperation.
Bowman was Troconis' lawyer when she spoke to police three times as they investigated the disappearance of Jennifer Dulos. Those hours-long interviews, during which Troconis’ story changed, were used against her at trial. The filing lists over a dozen instances where Bowman allegedly provided ineffective counsel. According to the document, they include Bowman failing to fully explain the advantages and disadvantages of speaking with police and failing to “meaningfully advocate” for her during those interviews, including times when he “joined the efforts of law enforcement in pressuring” Troconis for information she did not have. The petitions also says that Bowman was aware state police didn’t believe Troconis had told the truth in her first interview, but he didn’t tell Troconis that and still advised her to speak with investigators again.
Bowman is also accused of failing to adequately investigate and understand Troconis’ position related to her relationship with Fotis Dulos and the events of May 24, 2019, and failing to ensure language barriers didn’t impact Troconis’ ability to understand the circumstances she faced. According to the petition, Bowman failed to turn over evidence or information to the state that Troconis had provided him.
The filing claims, “There is a reasonable probability that but for Bowman’s deficient performance…the outcome of the criminal trial against the petitioner would have been different and more favorable to the petitioner.”
The petition also goes after Colangelo for allegedly violating Troconis’ right to due process. It says Colangelo threatened to charge Troconis as an accessory to murder if she didn’t speak with investigators. Troconis’ decision to waive her right to silence was based on her understanding Colangelo only wanted to use her as a witness against Fotis Dulos, according to the petition. When Fotis Dulos died by suicide, Colangelo allegedly didn’t hold up the agreement.
Fotis Dulos faced several felonies in the disappearance and presumed death of Jennifer Dulos, including murder and kidnapping. The two were going through a years-long contentious divorce and custody battle when Jennifer Dulos vanished the morning of May 24, 2019. Investigators have not recovered Jennifer Dulos’ body, but a court declared her dead.
Fotis Dulos’ died in January 2020 leaving Troconis and Kent Mawhinney, a friend and former attorney for Fotis Dulos, as the remaining defendants. Mawhinney is also charged with conspiracy to commit murder. Troconis was the first to stand trial beginning in January 2024. It lasted about seven weeks and during the proceeding, Troconis incurred a contempt of court charge for allegedly displaying on her laptop a court-sealed custody report from the Dulos divorce case.
That case returns to Stamford Superior Court on Nov. 13. Moran said both sides continue to work toward a resolution. She told the judge it’s possible that may happen at that appearance, or they’ll schedule the case for a contempt hearing or trial.
Troconis’ parents, one of her sisters, and her close friend were at the brief hearing. Marisela Arreaza, Troconis’ mother, said after that she’s pleased the habeas petition has been filed.
“My daughter remains strong and confident that the new pending cases are going to reveal the truth because the truth is on her side,” Arreaza said.
MORE: Read the petition
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