STAMFORD, Conn. — A Stamford judge in court Wednesday denied motions for an acquittal and a new trial in the case of Michelle Troconis.
“The court determines there was sufficient evidence to go to the jury on each one of the counts," Judge Kevin Randolph said.
However, Randolph is now going to consider whether to vacate one of the tampering charges because of a possible double jeopardy clause.
“The defense has a colorable claim with respect to counts two and four,” Randolph said.
Counts two and four both deal with conspiracy to commit tampering with physical evidence, in connection to the murder of New Canaan mom, Jennfier Farber Dulos. However, the state tied each charge to two separate events involving different pieces of evidence in the case.
The judge said he will make a decision on whether it classifies as double jeopardy on the day of Troconis’ sentencing, set for May 31.
These rulings by the judge came after hours of arguments from Defense Attorney Jon Schoenhorn.
Schoenhorn claimed the state did not have sufficient evidence to find Troconis guilty on any of the six charges she was convicted on—including conspiracy to commit murder and hindering prosecution.
“It was just pure speculation,” Schoenhorn said. “The one for which there was absolutely no evidence is that there was a conspiracy to commit murder.”
Schoenhorn continues to argue that Troconis had no knowledge of the plans led by her then-boyfriend, Fotis Dulos, to kill his estranged wife, Jennifer. He also argues that the entirety of the state’s case rests on the eight hours of police interviews, where prosecutors believe Troconis was lying to police. Schoenhorn offered another explanation during the trial other than lying, saying Troconis was speaking in her second language and was misled by police.
“The fact that they keep claiming today that she lied in her interrogations, those were not lies,” said Claudia Troconis, Michelle’s sister. “And I hope that the public knows that they were not lies. When you’re pressed with, you know, you’re under stress, you’re under a lot of emotions.”
Prosecutors disagree with that statement.
“The standard isn’t, ‘We have a different interpretation of the evidence’. The standard is, could any reasonable jury find the defendant guilty beyond a reasonable doubt,” said Deputy Assistant State's Attorney Sean McGuinness.
McGuinness said the state presented more than enough evidence for a “reasonable jury” to find Michelle Troconis guilty on all of the charges.
“I ask that the court denies both motions,” McGuinness said to the judge in court.
After the proceeding, Michelle Troconis’ sister and father spoke with reporters.
“It’s simply unfair that my sister is paying for someone else’s crimes. And that being with the wrong guy made her a criminal,” Claudia Troconis said.
“Her remorse is only to fell in love with the wrong man at the wrong time, and the wrong place,” said Dr. Carlos Troconis, Michelle’s father.
Michelle Troconis remains in jail, as her family said they can’t afford to bail her out. For now, she is under protective custody and waiting for her sentencing.
“She’s mostly by herself, she’s let out her immediate area very seldom, except for legal calls and for visits and what not,” Schoenhorn said.
Schoenhorn said the Troconis family will soon be looking to raise money to try to get her out of jail, and to continue on with other legal proceedings.
These motions are only the beginning of what will be a long appeal process, according to Schoenhorn.
“In a way, all it does is it reduces what the maximum exposure would be if he grants the vacating of any part of the verdict,” Schoenhorn said.
Right now, Michelle Troconis faces a maximum of 50 years in prison. If the judge vacates one of the counts, it could reduce the overall sentence, depending on if they run concurrently or consecutively.
The sentencing for Michelle Troconis is set for May 31 at Stamford Superior Court.
Julia LeBlanc is a reporter at FOX61 News. She can be reached at jleblanc@fox61.com Follow her on Facebook, X and Instagram.
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