Prosecutors filed a motion in October, seeking the removal of Troconis’ attorney Jon Schoenhorn on the grounds he submitted a sweatshirt containing the DNA of an employee of Jennifer Dulos’ estranged husband as evidence in the case through an attorney representing him.
The employee, who investigators said accused Fotis Dulos of trying to frame him, has not been charged in the case.
About a week after the prosecution’s motion, Schoenhorn filed his own request for a judge to remove the entire Norwalk-Stamford State’s Attorney’s Office from the case for an alleged violation of attorney-client privilege.
In his motion, Schoenhorn claims state prosecutors “deliberately violated” his client’s Sixth Amendment rights “through its knowing and intentional invasion of the attorney-client privilege” by reading a note written by him that was in the box with the sweatshirt.
Schoenhorn contends he was being represented by attorney Tara Knight, who turned the sweatshirt over to investigators on his behalf.
In her motion to remove him from the case, Supervisory Assistant State’s Attorney Michelle Manning said Schoenhorn has refused to tell prosecutors where he got the sweatshirt, but has claimed he may use it in the defense of his client since it contained a hair with the DNA of Pawel Gumienny, a former employee of Fotis Dulos.
“Even if Schoenhorn is not ultimately called as a witness, he can still be disqualified since his performance as an advocate can be impaired by his relationship to the events in question,” said Manning, who later added that the jury may consider Schoenhorn to have a “nefarious” motive and “hold it against his client.”
Jennifer Dulos vanished from her New Canaan home on May 24, 2019. The mother of five has never been found, but has been presumed dead by police and her family.
Fotis Dulos faced murder, kidnapping and other charges in his estranged wife’s death and disappearance when he died by suicide in January 2020.
Troconis, a former girlfriend who lived with Fotis Dulos at the time of the disappearance, and his longtime friend and attorney, Kent Mawhinney, have each pleaded not guilty to conspiracy to commit murder. Troconis has also pleaded not guilty to tampering with evidence and hindering the prosecution.
Troconis has been free after posting a $2.1 million bond and is required to wear a GPS monitoring device. Schoenhorn has argued vigorously for the removal of the monitoring device and has several motions pending before the court.
Mawhinney was free on bond, but was remanded back to prison after probation officials who oversee the GPS monitoring system contended he tampered with the device. Prosecutors have indicated he may testify against Troconis if she takes her case to trial.