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The state will not call any witnesses in Michelle Troconis' habeas trial challenging her conviction in the Jennifer Dulos case. That decision means the state rests and proceedings are over rather than continuing Friday in Rockville Superior Court as had been scheduled. Troconis’ legal team called three witnesses to the stand over the course of three days and rested at the end of Tuesday. Judge Carl Schuman will give both sides a deadline to file a brief supporting their position, then another deadline to file a rebuttal brief. Schuman will then have 120 days—which he said he doesn’t expect to need all of—to issue a ruling.
Troconis is seeking to be released on grounds her initial lawyer provided ineffective counsel, which violated her constitutional rights. Attorney Andrew Bowman allowed Troconis to speak with police three times after Jennifer Dulos disappeared on May 24, 2019. Those hours-long interviews—during which Troconis made inconsistent statements—were played in full at Troconis' criminal trial in 2024 where a jury found her guilty of plotting with Fotis Dulos, her then-boyfriend, for him to kill his estranged wife. Troconis was convicted of conspiracy to commit, evidence tampering, conspiracy to commit evidence tampering and hindering prosecution and sentenced to 14 ½ years in prison.
At the habeas proceedings, Bowman spent a day and a half on the stand defending his actions and explaining his reasons for allowing the sit-downs with police on June 2, 2019, June 6, 2019 and Aug. 13, 2019. Bowman testified that he believed Troconis was innocent and initially told her not to speak with police. But his advice changed after a call from Stamford State’s Attorney Richard Colangelo following Troconis’ first arrest, which was on charges of evidence tampering and hindering prosecution. Bowman said Colangelo told him that once investigators found Jennifer Dulos’ body, Troconis would be charged with accessory to murder if she didn’t cooperate with police. Bowman classified the conversation as both "a statement of present intention-which I found credible-and it was a threat."
Bowman testified that he took the message to his client and told her she had a decision to make.
“What I said to her, though, was whatever you do, if you go in there and speak with them, it's got to be the truth. You cannot lie. It has to be the truth, and she said she understood,” Bowman stated on the stand Monday. “She was persuasive, so I made a judgement to recommend to her to talk to them, but in the end, it was her decision.”
When asked why he didn’t get a deal for Troconis before she sat down with investigators, Bowman said his more than 50 years of experience have taught him prosecutors don't offer protections without knowing what someone will say.
"They want to know if they can believe this person before they start making promises and giving them, you know, protections," Bowman testified, adding even if Troconis had an agreement, it would've been voided. "There's a carrot and a stick here. And the carrot is we go to bat for you—it could be the amelioration of the punishment, it could be dropping charges, it could be not bringing charges—but in return you've got to tell the truth," Bowman testified.
Initially, Troconis gave Fotis Dulos a false alibi, saying he was home with her when Jennifer Dulos vanished.
Bowman testified he agreed to subsequent police interviews to help rehabilitate Troconis’ credibility and further establish her innocence. He said he expected Troconis to become a cooperating witness for the state against Fotis Dulos but that all changed with his suicide in January 2020. Bowman called it “devastating” to Troconis’ legal position.
Colangelo was also called as a witness last week. He confirmed Bowman’s recollection of their phone call. He also testified he had no intention of offering protections to Troconis before she talked but left the door open to what might’ve happened if Fotis Dulos hadn’t died.
"It was always my idea up until the time Mr. Dulos passed away, I was trying to figure out a way to use her as a witness against him," Colangelo stated.
Attorney Michael Fitzpatrick, an expert in habeas cases hired to testify on behalf of Troconis, was the final witness to take the stand. He also testified for about a day and a half, criticizing Bowman's representation. Fitzpatrick said the decision to allow Troconis to be interviewed by police three separate times without an immunity deal was “not reasonably competent” and “below the standard of care.”
"The recommendation in each of the three instances did not meet the prevailing professional norms," Fitzpatrick stated.
Jennifer Dulos was last seen dropping her five kids off at school in New Canaan. At the time, she and Fotis Dulos were in the midst of a bitter custody battle. Police believe Fotis Dulos attacked his estranged wife in her garage, then disposed of her body. Jennifer Dulos has never been found but was legally declared dead. Though Fotis Dulos was arrested on several charges including murder and kidnapping, he died by suicide while awaiting trial.