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Defense for Michelle Troconis calls the search warrant of Dulos home a 'fishing expedition'

Schoenhorn claims warrant for search of home was too broad, along with the cell phone tower info used in the case for the presumed murder of Jennifer Dulos.

STAMFORD, Conn. — The attorney for Michelle Troconis, the woman charged in connection with the presumed death and disappearance of Jennifer Dulos, is attempting to suppress evidence in the case against his client. 

Dulos is the New Canaan mother of five who went missing in 2019. Her late husband, Fotis Dulos, was charged with her murder in Jan. of 2020. However, he never stood trial after he killed himself at home. 

Now, Troconis is facing charges of evidence tampering and hindering prosecution. She’s expected to stand trial on those charges. 

In Stamford Superior Court on Wednesday, Attorney Jon Schoenhorn argued the 2019 search of the Jefferson Crossing home in Farmington was too broad and had no probable cause. Troconis was living with Dulos in Farmington at the time of Jennifer’s presumed death. 

Schoenhorn said investigators seized almost everything in the home, including an electronic device from Troconis’s 12-year-old daughter. 

“They have the right to essentially strip this house. Every corner of this house, based on this warrant without the slightest probable cause or limitation for it,” Schoenhorn said in open court on Wednesday.

The state disagreed with that argument. 

“The idea that simply because the officers in executing this warrant may have seen things that weren’t covered by the warrant, that that somehow makes it overbroad, if that’s the test, I would suggest that every search warrant ever executed would be overbroad,” said Sean McGuinness, Assistant State’s Attorney.

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The defense also focused on the cell phone tower information, where police believe Dulos traveled to several places and was allegedly seen on camera getting rid of clothes that looked like they had blood on them. 

When it comes to the cell tower data, Schoenhorn argues that it should be suppressed. He especially wants all AT&T data to be inadmissible since that’s Troconis’s carrier. He believes that evidence is also “overly broad”.

“When the police are trying to investigate a disappearance, sure, they’re entitled to get whatever data they can through the issuance of a search warrant. But you can’t use a wet sponge for the bullseye when a dart with a pinpoint will suffice,” Schoenhorn said.

Also mentioned in court on Wednesday were arguments related to privacy rights, standing, and a legal argument dealing with ‘facial validity’. Judge Kevin Randolph did his best to separate the different motions, saving the other conversations for another day.

“I’m not going to attempt to handle a one-mile-long freight train without uncoupling the cars,” Judge Randolph said. 

Randolph said he won’t be making any decisions on the motions filed in court until September. 

In the meantime, Troconis is due back in court on August 16th. At that time, the judge will hear arguments on whether or not to move the venue for the trial to Hartford.

 Julia LeBlanc is a reporter at FOX61 News. She can be reached at jleblanc@fox61.com Follow her on Facebook, Twitter and Instagram.

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