Michelle Troconis

Testimony dominates fifth day of Michelle Troconis suppression hearing

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The attorney for Michelle Troconis had his chance today to press the lead investigator into the disappearance of Jennifer Dulos on issues he has taken up with practices of state and local investigators.

The cross examination of John Kimball was central in court - Troconis’ attorney making his case that investigators' tactics were unconstitutional and invasive.

“She was detained in a way to overcome her will, and deprivation of her right to freedom after an arrest,” Jon Schoenhorn said in court Friday.

He centered a large part of his argument around the first arrest warrant. He argued it was not executed correctly, allowing investigators to attempt to coerce Troconis into making an incriminating statement or waive her right to council.

The state disagrees, maintaining investigators were simply carrying out their tasks.

“The issue is whether the warrant was supported by probable cause, and was it executed in a constitutionally reasonable manner,” Assistant State's Attorney Sean McGuinness said.

The state said it was supported by probable cause, and there was no plan in place to pin charges to Troconis or pry statements out of her.

Kimball’s testimony was then put on pause, allowing for testimony from Troconis’ first attorney when she was initially arrested - Andrew Bowman. The defense again arguing statements made during interviews should be suppressed because of coercive tactics. But the state maintains communication with Bowman was standard.

Troconis’ mother also testified, largely to demonstrate a language barrier that Michelle Troconis had at the time of the arrest.  

“When she worked at ESPN what language did she report in?” asked attorney Schoenhorn. “Spanish,” replied Troconis’ mother. Schoenhorn follows with, “When she went to college or school in Venezuela, what language was that course taught?” Troconis’ mother replies, “Spanish."

They also dove into the day before Troconis was arrested, her mother describing police officers remaining close by for their every move throughout the day on May 31, 2019.

 “We went to the movies and two police officers came to the movies and sat next to us,” her mother said.

She explained police officers were following the family the day before she was arrested. Troconis’ attorney argues it was unnecessary, but the state had previously indicated it was protocol.

The suppression hearing is expected to head into next week, with more testimony from lead investigator Kimball.

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