A judge has agreed to nolle murder charges against Fotis Dulos after the state asked the case to be dropped on Tuesday. Dulos died after a suicide attempt in January.
The Chief State's Attorney Richard Colangelo asked the judge to drop the case since he is no longer alive to stand trial.
Dulos was accused of murdering his estranged wife, Jennifer Dulos, the New Canaan mother of his five children who disappeared in May.
He pled not guilty to the charges against him including murder, commission of felony murder, kidnapping in the first-degree, hindering prosecution in the first degree and two counts of tampering with physical evidence in connection with Jennifer's disappearance. Jennifer still has not been found.
Dulos' attorney Norm Pattis said he still wants to prove his client's innocence and vowed to continue the fight to tell his side of the story.
"This was not the ending we anticipated in the form we hoped. We hoped fully well to stand in front of you someday with the charges against Mr. Dulos ended by way of an acquittal. Instead, they were nollied, incident or as a result of his death," Pattis said outside of the courthouse.
Pattis also said that he plans to ask Dulos' estate for permission to take on an appeal. Pattis added that he hoped to proceed in Dulos' estate's name with the trial.
"Mr. Dulos’ memory remains stained by these scandalous accusations and we’d like a chance to raise them in an open court. Whether we get that chance is an open question and remains to be seen," Pattis added.
In court, Pattis brought up the possibility of a third party that may have killed Jennifer that Dulos did not know. It's evidence Pattis said they were building to prove it in court.
Pattis also brought up the bags police said Dulos dumped on Albany Avenue in Hartford. Pattis said Dulos dumped those while panicked and stands that Dulos did not kill Jennifer.
Thirteen months from Tuesday, the case will be dismissed unless the state reopens it, Pattis added.
Colangelo said there's never a happy ending in a case like this. He added that it's important to keep in mind the five Dulos children wrapped up in it all.
Colangelo also said he recently met with Dulos' sister to answer questions on the case.
He said he's now working on getting new paperwork including police reports, lab reports and photographs to the attorneys for Michelle Troconis and Kent Mawhinney, who are still charged as co-conspirators in the case. They both have pleaded not guilty to charges.