Michelle Troconis was back in court in Stamford Wednesday as her defense attorney made his case for a new trial and to have her acquitted of the six charges she was convicted of.
Troconis was found guilty on all charges related to the murder and disappearance of Jennifer Farber Dulos in New Canaan in May 2019.
Judge Kevin Randolph denied both motions but is still considering a point raised by Defense Attorney Jon Schoenhorn about two conspiracy charges related to tampering with evidence.
Schoenhorn says this is the beginning of a much larger process.
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“Were the first step towards what will be a very extensive appeal,” Schoenhorn said outside court.
First, Schoenhorn made his case to have Troconis acquitted of the charges, arguing the state failed to produce sufficient evidence for any of the charges. He said the prosecutors leaned on pure speculation throughout their case.
He also raised concerns with how the state presented certain evidence to the jury.
He argued at a minimum, some of the conspiracy counts should be vacated ahead of sentencing because he believes three separate counts of conspiracy violates double jeopardy law.
“The court is going to deny the motion for judgement of acquittal,” said Judge Kevin Randolph.
Randolph will be considering the double jeopardy claim ahead of next month's sentencing. He could vacate one of the conspiracy to commit evidence tampering counts and will issue his ruling the day of sentencing.
In arguing the motion for a new trial, Schoenhorn raised concerns with language used by the state during closing arguments, like calling all of Michelle Troconis’ inconsistencies during interrogations with police “lies.”
He also raised concerns about allowing hearsay into evidence, and the use of language like “blood” when the substance being shown to the jury was never confirmed as blood.
“I’d ask the court deny both motions,” said assistant state’s attorney Sean McGuinness.
State prosecutors stood by their arguments and evidence as it was presented. They also pushed back on Schoenhorn’s post-trial attempts.
“I once heard an expression, when you can’t point to the facts, you point to the law, when you can’t point to the law you point to the prosecutors, and I guess we have reached that point in this proceeding,” said McGuinness.
Schoenborn’s motion for a new trial was also denied.
Troconis still has a contempt hearing related to items shown on her laptop during the trial that the state alleges were under seal by the court. That hearing is set for May 15.
Troconis’ sentencing is still scheduled for May 31.
