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Lawyers for Troconis make motion to throw out verdict, get new trial

Her lawyers said the verdict was "not supported by sufficient evidence to sustain the state’s burden of proof beyond a reasonable doubt on any of the six counts."

STAMFORD, Conn. — Lawyers for Michelle Troconis filed two motions this week in an attempt to get the guilty verdict that was handed down on all six counts last Friday overturned.

The first motion requested that the verdict be acquitted, and said, "The verdict of guilty is not supported by sufficient evidence to sustain the state’s burden of proof beyond a reasonable doubt on any of the six counts."

Troconis was found guilty on all counts for charges connected to the disappearance of New Canaan mom, Jennifer Dulos, after the jury listened to weeks of witness testimony and watched hours of police interviews and surveillance footage. 

RELATED: Michelle Troconis booking photo released by corrections department

Troconis was found guilty of all six charges:

  • Conspiracy to commit murder
  • Conspiracy to commit tampering with physical evidence – In connection to May 24, 2019
  • Tampering with physical evidence – In connection to May 24, 2019
  • Conspiracy to commit tampering with physical evidence – In connection to May 29, 2019
  • Tampering with physical evidence – In connection to May 29, 2019
  • Hindering prosecution

The motion went on to say, "It is also apparent that the state did no more than present evidence at trial of a single prohibited conspiracy. No matter how diverse the object of a conspiracy is, the evidence presented at trial suggested only one agreement. Therefore, subjecting the defendant to multiple convictions for this singular offense violates double jeopardy and due process of law. Consequently, Counts Two and Four must be dismissed."

Her attorney, Jon L. Schoenhorn, filed the motion. 

The second motion requests a new trial on several grounds. Schoenhorn said the state improperly appealed to emotion and prejudice by telling the jury that the case was “about” the Dulos children: "When the case was actually 'about' the guilt or innocence of the defendant, and none of the charges made reference to the children.

RELATED: Jennifer Dulos' family issues statement after Michelle Troconis convicted

Further, he said the state "repeatedly and improperly asserted that the defendant 'lied' to police investigators when the trial evidence was in dispute on that very point, and thereby expressed a personal opinion about the defendant’s credibility."

A number of points were raised by Schoenhorn about evidence that was not able to be presented in the trial. 

Jennifer Farber Dulos, New Canaan mother of five, was last seen on May 24, 2019, dropping her children off at school. She was reported missing that evening, and an investigation was started.

Troconis is the one-time girlfriend of Jennifer’s estranged husband, Fotis Dulos, who was charged with Jennifer’s murder before he took his life in January 2020.

Doug Stewart is a Senior Digital Content Producer at FOX61 News. He can be reached at dstewart@fox61.com.

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