A
sealed psychological report from the contentious Fotis Dulos-Jennifer Dulos
divorce will be released to Michelle Troconis' attorney.
That
ruling came during a remote court hearing Tuesday for Troconis, who is charged in
connection to Jennifer Dulos' presumed death.
Judge
John Blawie first took up the request from attorney Jon Schoenhorn for a copy
of a sealed family psychological report done in 2019 to determine custody of
the five Dulos children as their parents divorced. Blawie said since state
police had the report, there was no reason Schoenhorn shouldn't have access to
it too.
But
the judge issued a caveat, ruling the report is not to be made public.
“Those young and impressionable children are still very
much on the court's mind in terms of what might be in their best interests,”
said Blawie in court.
Jennifer
Dulos disappeared two years ago. Fotis Dulos was charged with his estranged
wife's murder but killed himself soon after. The cases against his two
alleged co-conspirators continue.
Schoenhorn
has included evidence in his motions, releasing items such as video clips from
police interviews to the media. The prosecution wants an end to that, arguing
Schoenhorn should file those under seal or get permission from the court to
attach specific discovery.
“If
the court allows counsel, either the state or the defendant, to put evidence in
motions that leak out to the media – I think we're going to have a real problem
finding a jury,” said Stamford State Attorney Paul Ferencek.
Schoenhorn
suggested it was “probably unconstitutional” to require that evidence be
filed under seal. He also said that it would create a “tremendous amount of
unnecessary litigation for the court, for the clerk's office and for the
Connecticut Appellate and Supreme Court.”
Blawie
didn't make a decision on that motion on Tuesday. He did rule to deny yet
another request from Troconis to remove GPS monitoring.
With
jury trials still on hold until next month, there are many cases in
front of Troconis’ cases. Blawie said he couldn't give attorneys a trial date
as they had requested but it likely won't be until 2022.