Michelle Troconis heads back to court Monday — this time for a habeas trial to argue her conviction be vacated and that she be released from prison on constitutional grounds.
Troconis is currently serving a 14 1/2 year sentence in connection with the May 2019 disappearance and death of Jennifer Dulos, the estranged wife of Troconis’ then-boyfriend, Fotis Dulos. A jury found Troconis guilty of conspiracy to commit murder, evidence tampering, conspiracy to commit evidence tampering and hindering prosecution at her trial in 2024.
Shortly after, Troconis filed a habeas petition, alleging her constitutional rights were violated because of ineffective counsel during the investigation into Jennifer Dulos' disappearance.
Jennifer Dulos was last seen May 24, 2019, after dropping her five kids off at school in New Canaan. Police believe Fotis Dulos—with whom she was in a bitter custody battle—was “lying in wait” when she returned and killed her in the garage, then disposed of her body. Jennifer Dulos’ remains have never been found, but she was legally declared dead.
Fotis Dulos was arrested on several charges, including murder and kidnapping, but died by suicide in January 2020.
Troconis' initial attorney was Andrew Bowman, who did not represent her at trial but did when she spoke to police three times. Those hourslong interviews, during which Troconis' stories changed, ended up being used against her at trial. Troconis claims Bowman provided deficient representation by allowing her to talk with police without securing a deal for immunity and without explaining the potential adverse repercussions of those discussions.
Bowman is also accused of failing to “meaningfully advocate” for Troconis during those interviews, including times when he “joined the efforts of law enforcement in pressuring” Troconis for information she did not have, the petition argues. It also says that Bowman was aware state police didn’t believe Troconis had told the truth in her first interview, but he didn’t tell Troconis that and still advised her to speak with investigators again.
That case now goes to trial at Rockville Superior Court, which is where most habeas cases are heard. It'll take place before a judge, not a jury, over three days--Jan. 5, 9 and 16. The burden of proof is on Troconis as the petitioner.
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During the habeas trial, Troconis' petitioning attorney, Adele Patterson, will call several witnesses to try and bolster her claims. The potential witness list submitted by Patterson has 20 people, including Bowman, former Stamford State Attorney Richard Colangelo, state police investigators, Troconis' trial attorney Jon Schoenhorn and several of her family members.
The list also includes attorney Michael Fitzpatrick as an expert witness. According to a recent filing, Fitzpatrick will testify about the standard of care for criminal defense attorneys in Connecticut and how Bowman's conduct "fell below the requisite professional standards for a criminal attorney" in well over a dozen instances. That includes when he allowed Troconis to be questioned right after her initial arrest "while in police custody, handcuffed, fatigued, and without the benefit of adequate preparation by counsel," the filing says. The document also claims Bowman allowed Troconis "to be questioned exclusively in English after she requested the presence of a Spanish-speaking officer."
The judge will have 120 days to issue a ruling on whether Bowman provided ineffective counsel and if so, whether that led to evidence that affected the criminal trial outcome. Remedies could include vacating Troconis' convictions and releasing her from prison. If that occurs, the prosecution would have to decide whether to seek a new trial.