Norm Pattis, the attorney for the late Fotis Dulos, filed the appeal to remove the order and the state Supreme Court has dismissed it.
Fotis Dulos was the estranged husband of Jennifer Dulos, a mother of five from New Canaan who has been missing since May.
Fotis Dulos was initially arrested on charges connected to her disappearance and he was later charged with murder.
He died in January, days after attempting suicide in his Farmington home.
He had pleaded not guilty to the charges and maintained his innocence throughout the investigation.
The gag order was placed in the case months ago, when Fotis Dulos was facing charges of tampering with evidence and hindering prosecution. Pattis appealed the gag order, arguing it made it impossible for his client to defend himself in the court of public opinion.
"The gag order remains a repulsive stain on the state’s constitutional terrain. The court’s decision to use Mr. Dulos’ death as a pretext for avoiding the issue is chilling,” Pattis said.
Though Fotis Dulos has died, Pattis has vowed to prove him innocent on behalf of his family.
The state argued that with Fotis Dulos’ death, the appeal on the gag order is moot, and that the order will expire if the charges against Fotis Dulos are nolled at the next court date on March 3.
Fotis Dulos' former girlfriend, Michelle Troconis, and Dulos' friend and former lawyer, Kent Mawhinney, have also been charged in the case.
Mawhinney was charged with conspiracy to commit murder in connection with the disappearance of Jennifer and is being held on $2 million bond. He pleaded not guilty and is due back in court on March 31.
Troconis has been charged with conspiracy to commit murder, tampering with physical evidence and hindering prosecution in the first degree. She has pleaded not guilty and is due in court on March 20.
Search Continues for Jennifer Dulos
Jennifer Dulos is still missing. Police have a dedicated website on the search for Jennifer Dulos. They have set up a tipline at 203-594-3544 as well as a dedicated email address, email@example.com.
Suicide Prevention Help
SUICIDE PREVENTION HELP: Here is information on suicide prevention from the National Institute of Mental Health. If you are in crisis, call the National Suicide Prevention Lifeline at 800-273-8255 or reach out to the Crisis Text Line by texting ‘Home’ to 741741.