The attorney for Fotis Dulos has filed a motion in court to move ahead with a trial and substitute Dulos' estate as the defendant.

Dulos, the estranged husband who was charged in the murder of missing New Canaan mother Jennifer Dulos, died Thursday following an apparent suicide attempt.

MORE: 'If you are reading this I am no more': Attorney releases note found at scene of Fotis Dulos' suicide 

Norm Pattis, Dulos' attorney, says his main goal in filing the motion is to clear his client's name. Pattis claims Dulos is innocent and has been painted as a diabolical murderer.

Pattis says he wants to prove that the evidence against Dulos is innuendo and unsupported suspicion.

MORE: Attorney: Fotis Dulos pronounced dead following apparent suicide attempt at Farmington home

Lindy Urso, who has been a criminal defense attorney for 22 years, says he's never seen anything like this and says it won't work. Urso says that once someone dies, any property and legal rights go into the person's estate.

According to Urso, you can go to trial without a live defendant present, but you can't go to trial with a deceased defendant. He says Dulos decided not to exonerate himself by taking his own life.

"He was presumed innocent and he had his chance at a trial. He forewent it by taking the cowardly way out and killing himself," says Urso. "I don't think he has any leg to stand on whatsoever besides just the absurd nature of the request."

Urso says the next steps would include a judge deciding whether the case will be dismissed, which he believes will happen soon.