After a victory in getting her phone suppressed, Michelle Troconis’ attorney has his eyes set on statements made during interviews with Troconis after she was arrested.
Troconis is being charged as a co-conspirator in the presumed murder of Jennifer Dulos, a mother of five back in 2019. She has plead not guilty to all charges.
Wednesday was mostly centered around interactions leading up to the first interview with Troconis the day after she was arrested, when her attorney was able to attend.
“We really need to know what you know and what you can tell us to help us find Jennifer and where Jennifer is now,” an investigator said in video shown in court of the first interview with Troconis June 2, 2019.
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Statements made in the interview and subsequent interviews are the target of a motion to suppress filed by Troconis’ attorney, who argues interactions with police investigators should have stopped after she requested an attorney both on the ride to the New Canaan Police Department and once arriving.
He believes they attempted to coerce Troconis into waiving her right to council.
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“I am going to continue to rebut this ridiculous claim that there was an unconstitutional scheme to violate her rights,” Assistant State's Attorney Sean McGuinness said.
The state called former state police detective and lead investigator in the case of Jennifer Dulos’ disappearance, John Kimball, to the stand Wednesday. He testified all interactions were in accordance with standard booking procedure and once she asked for an attorney, investigators honored that request.
“My intent was to contact the attorney simply, and that’s it,” Kimball said.
In the video, following Troconis’ request for an attorney, Kimball can be heard also letting Troconis know Fotis Dulos was not anywhere near the interview room she was being held in. He testified it was to help her relax and reassure her she was safe.
“Fotis is not in here, he can’t hear you, he can’t see you, it’s just us, he can’t hear what you are saying, so if you are worried about that, you don’t have to,” the video states.
That interaction is one of a few Troconis’ attorney Jon Schoenhorn takes issue with.
“It is absolutely outrageous to suggest that is not an effort to get her to waive her rights, the entire conversation is entirely about that,” Schoenhorn said.
Another interaction he took issue with was a phone call between Troconis and her mother. Investigators offered the opportunity to call Troconis’ mother using one of their cell phones, and while in the interview room with cameras rolling.
Schoenhorn argues it was an attempt to capture an incriminating statement.
“Objectively it is impossible to suggest that this was not an attempt to illicit a response,” Schoenhorn said.
But the state pushed back there was not a nefarious reason behind the phone call, and in questioning to Kimball, they asked directly.
“What was your purpose for allowing her to speak with her mom?” McGuinness asked.
Kimball responded, “It was the humane thing to do, she wanted to speak with her mother, and we wanted to allow her to speak with her mother.”
There are still a few hours of video interactions the court must get through. The full trial is set to start Jan. 8.
