Update: Troconis appeal now public, argues 7 reasons to overturn convictions in Jennifer Dulos case
Defense says two conspiracy charges punish the same crime.
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Michelle Troconis is appealing her convictions in the disappearance and presumed murder of Jennifer Dulos on grounds there was insufficient evidence to support the charges and Troconis' constitutional rights were violated multiple times, according to a roughly 1,000-page brief now made public.
On Monday, Supervisory Assistant Public Defender Pamela Nagy filed the document, which was recently uploaded to the judicial system's website. There are seven main arguments about why the verdicts should be vacated and/or reversed for a new trial, including issues with what evidence was and wasn't allowed at trial.
Troconis is serving a 14 ½-year sentence since March 1, 2024, when a jury convicted her of conspiring with her former boyfriend, Fotis Dulos, to kill his estranged wife and helping him hide the crime. She was found guilty of conspiracy to commit murder, evidence tampering, conspiracy to commit evidence tampering and hindering prosecution.
But in Troconis' appeal, Nagy argued the state didn't prove all the elements of the crimes beyond a reasonable doubt, saying there was no direct evidence connecting Troconis to what happened to Jennifer Dulos on May 24, 2019. Nagy stated the strategy instead was to seek a conviction through guilt by association and by portraying Troconis as a liar.
"The state presented an immense amount of evidence focused almost entirely on Dulos' role in the disappearance, but it failed to prove that Michelle knew of Dulos' activities, shared his intent, conspired with him, or intentionally helped him in any manner. The convictions are based solely on speculation and must be vacated," Nagy said in the brief.
During her trial, prosecutors argued Troconis gave Fotis Dulos a fake alibi and helped cover his tracks while he went to Jennifer Dulos' home in New Canaan, killed her in the garage, then disposed of her body. Jennifer Dulos' remains have never been found, but she was legally declared dead in 2023. The prosecution also relied on video that showed Troconis as a passenger in Dulos' trucks as he threw out bloody evidence.
The appeal also alleges the trial court "gutted" Troconis' defense by not letting her attorneys introduce a sealed-custody evaluation from the Dulos' ongoing contentious divorce, which would have shown Troconis' state of mind and why she had no reason to believe Fotis Dulos had anything to do with his missing wife.
Conversely, Nagy took aim at evidence she believes should've been suppressed at trial, including anything seized during a search of the home where Troconis lived with Fotis Dulos.
"The police violated Michelle's constitutional protection against unreasonable searches and seizures in the way they executed the search warrant," Nagy argued. "First, they seized 4JC and evicted the occupants for at least four days. Second, police conducted a second search without obtaining a new warrant."
Nagy also called the initial search illegal, claiming "the warrant lacked probable cause to search the home, and it was not particular."
During the search, police recovered hand-written timelines for the day Jennifer Dulos disappeared which the prosecution used against Troconis at trial.
But a large part of the state's case focused on Troconis' interviews with police, which included conflicting statements by her. Troconics' attorneys unsuccessfully fought to keep those videos out of evidence.
"The court improperly denied the motion to suppress Michelle's police statements from the June 2 and June 6, 2019, interrogations. First, the June 1 arrest warrant lacked probable cause, and the statements were the result of that arrest. Second, her statements were the result of coercive police conduct and were involuntary," Nagy said.
Another argument in the appeal brief claims the court should have vacated one of Troconis' conspiracy convictions because the conspiracy to tamper with evidence was part of the conspiracy to commit murder and the two convictions violate double jeopardy.
The final legal claim alleges the court improperly failed to give the defense documents containing potential exculpatory or impeachment evidence.
"Prior to trial, the state lodged a document under seal and requested the court to conduct an ex parte in camera hearing to determine if it contained exculpatory material," Nagy said. "After reviewing it, the court found there was nothing exculpatory and ordered the record permanently sealed. Defense counsel never saw the document nor was its subject matter disclosed."
The entirety of the appeal brief can be read here.
The case through the state appellate court is separate from Troconis' habeas challenge, which is due to go to trial in January. That case seeks to get her conviction overturned on grounds of ineffective counsel by her initial lawyer, Andrew Bowman, who represented Troconis at the time of her arrests.
Troconis is the sole suspect in the Jennifer Dulos investigation who's currently incarcerated. Fotis Dulos died by suicide in January 2020. His friend and former attorney, Kent Mawhinney, was also charged with conspiring with conspiracy to commit murder, but Mawhinney pleaded guilty to a misdemeanor charge of interfering with an officer and was sentenced to time served.
Jennifer Dulos has never been found but was legally declared dead.
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