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DOCKET NO. FST-CR19-0148553-T SUPERIOR COURT STATE OF CONNECTICUT fi J.D, OF STAMFORD-NORWALK, VS. _ AT STAMFORD MICHELLE TROCONIS JANUARY 19, 2021 MOTION TO DISMISS AND FOR OTHER RELIEF INCLUDING SUPPR. AND “FRANKS’ HEARING ‘The defendant, Michelle Troconis, by and through undersigned counsel, Jon L. Schoenhorn, hereby moves the court to suppress evidence and/or dismiss the charges contained in a long form information filed against her in this ease on or about August 28, 2020, pursuant to Connecticut Practice Book §§ 39-32, 41-8 and 41-12; Conn. Gen. Stat. §§ 54-33f and 54-56; the fourth and fourteenth amendments to the United States Constitution; Article 1, §§7, 8 and 9 of the Connecticut Constitution; the court’s inherent supervisory authority; and the doctrines of Pranks v, Delaware, 438 U.S. 154 (1978), State v. Barton, 219 Conn, $29 (1991), State v, Marsala, 216 Conn. 150 (1990), State v. Bergin, 214 Conn. 657 (1990), and State v. Dolphin, 195 Conn. 444, 456, cert. denied, 474 U.S. 833 (1985), because the warrant for arrest was issued based on an affidavit that lacked probable cause, contained information that was false or recklessly disregarded the truth, and was derived from illegally obtained information. An evidentiary heating hereupon is requested. In support of this motion, the defendant states as follows: 1, On June 1, 2019, Conn, State Police Detective John Kimball (hereinafter “Kimball”) st of the defendant, accompanied by an prepared and submitted an application for the ar affidavit under oath that contained false statements, recklessly disregarded the truth, and omitted material facts. On the same date, « Superior Court judge (Blawie, J.), relying on the Kimball affidavit, signed the arrest warrant, alleging the crimes of Tampering with or Fabricating Physical Evidence, in violation of Conn, Gen, Stat. §53a-155, and Hindering Prosecution in the First Degree, in violation of Conn. Gen, Stat. §53a-165aa, Exhibit A. 2, Subsequently, on August 28, 2020, the Chief State's Attorney, with knowledge that probable cause did not exist for issuance of the warrant, and without a good-faith basis, unilaterally filed a long form information that substituted the charge of Hindering Prosecution in the Second Degree, in violation of Conn. Gen, Stat. §§53a-166(a) and 53a-165(5), retained the offense of Tampering with Physical Evidence, and added a count of Conspiracy to Commit ‘Tampering with Physical Evidence, in violation of Conn. Gen. Stat. §§53a-48(a) and 53a- 155(a)(1).! 3. The arrest and prosecution is based on evidence unconstitutionally obtained by law enforcement that constitutes the “fruit” of unlawful searches and seizures, as evidenced by separate pending motions to suppress filed by the defendant. A. Kimball Included False Information in the Arrest Warrant Affidavit. 4, In 1 on page 4 of the affidavit, Kimball alleged under oath that Hartford traffic surveillance camera videos showed a black Ford Raptor pickup truck stopping at over thirty locations along a more than four mile stretch of Albany Avenue between Baltimore and Edward Streets, sian In the very next bullet of {1 1, Kimball went on to state that Dulos (described as a “eau male”) was observed “emerging from the Ford pickup and placing multiple garbage bags into various trash receptacles.” This statement was apparently intended to mislead the magistrate into believing that disposal of bags occurred at “over thirty” (30) locations along Albany Avenue. Kimball knew or had reason to believe at the time that his affidavit was false and misleading and that Hartford traffic videos reviewed by authorities showed the pickup truck making three (3) stops on Albany Avenue. Moreover, the traffic videos showed that the Raptor's female passenger (believed by the affiant to be the defendant) never exited the vehicle and did not assist the driver in the disposal of any garbage bags. Video excerpts of the three stops are attached hereto as Exhibit B. B. Additional Misleading Information Contained in the Affidavit. 5. In §9 on page 3 of the affidavit, Kimball swore that the defendant “refused to cooperate” with investigators. However, since the afternoon of May 31, 2019, State Police knew that the defendant was represented by counsel and that Detective Beauton in a report specifically made note of the that the defendant “consulted with [her] attorney[]”. Exhibit C. ' State v. Marsala, 216 Conn, 150 (1990) rejected the notion under the Connecticut constitution that “good faith” excuses the issuance of a warrant lacking in probable cause. 2 C. Intentional Omission of a Materi ‘act from the Affidavit. 6. As it further pertains to 44 of this motion, Kimball omitted the fact that the traffic videos reviewed by officers depii ied only the male occupant of the pickup truck disposing of items on Albany Avenue i Hartford. Exhibit B. No video showed the passenger ever exiting the vehicle, disposing of garbage bags or assisting the male driver’s efforts in any manner. 7. When combining the aforesaid falsehood, mat misrepresentation, and the omission of material fact, itis readily apparent that the affidavit lacked probable cause to support the issuance of an arrest warrant even assuming that such cause existed on the face of the affidavit. 8. Additional motions to dismiss and suppress have been filed but not ruled upon in this case on other grounds. WHEREFORE, the defendant requests that this motion be granted. The defendant also seeks an evidentiary hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978) in which she can establish the falsehoods and material misrepresentations of the affiant. ‘THE DEFENDA} (fj 6 retin By: oT 1n L. Schoenhorn, HER ATTORNEY lon L. Schoenhorn & Associates, LLC 108 Oak Street, Hartford, CT 06106 Tel: (860) 278-3500 Fax: (860) 278-6393 Juris No. 101793 casemanagement@schoenhorn.com ORDER The foregoing motion having been heard by the Court, it is hereby ORDERED, thi day of » 2021, that the motion for a hearing is GRANTED / DENIED. BY THE COURT: Superior Court Judge Clerk/ Assistant Clerk SECOND ORDER After hearing held in conjunction with this motion , it is hereby FURTHER ORDERED, this___day of ; 2021, that the foregoing motion be GRANTED / DENIED. BY THE COURT: Assistant Clerk FICATION Thereby certify that a copy of the foregoing was electronically transmitted on the date of this pleading to the following counsel of record: Office of the State's Attomey Stamford Superior Court 123 Hoyt Street Stamford, CT 06905 Mo Dies 61.19 srmaon sp EXHIBIT A pore a i Title, Allogation and Counts Samar oma iar Ta Ta ——— [Ba TROCONIS,tichette, © Farmington CHG AYASE “a an ~ Ta ae 4 dafferson Crossing oaiesrt974 | Rithoriy atthe superte eoee waar ey ~~ Peace] Oy tho Stace of Gonhootcut charges tha [esis to oo ‘Tampering with or Fabricating Physical E “ae Hartford osr24i2019 ‘oa Two — SRT asda ndering Prosecution In the First Degree | “Ney "Ton arabia ‘waa oa a Hartford osi2ai2019 Section 8a-165aa C.G.S ‘oan Twat = ORE a a Oa Ss Eas Bios em] er ow Sea [sear Ronit ‘atonal epontion ee ag! Fonionan aA wir haat Pitino ec rm jeoae ra one Lwia fem Lwie Pconichrsiar wig apa Named TAT ie sy This is page 1 ofa 2 page itornation ‘STATE OF CONNECTICUT ce ae Arrest Warrant MOP og | State of Connecticut ve. TROCONIS, Michelle, C ‘To: Any Proper Officer of the Stale of Connecticut By Authorly of the State of Connecticut, you are hereby commanded to arrest the body of the within-ramed accused. ("" all that apply) [2 A. Accused is ordered to be brought bofore a clerk or assistant clerk of the Superior Court. C8. Accused is not entitled to bal ITA, 8 or both are checked above, you shall without undue delay bring the arrested porson before the clerk ‘or assistant clerk of the Superior Cour for the geographical area whare the offense is alleged to have been com the Correctional Institution, as the case may be, _£500,000,- Bal set at 1. Non-financial conditions of release: d, oF if the clerk's office is not open, to a community correctional center within said geographical area, or the nearest community correctional center if no such center exists in the geographical area, or to [easier Feanaenas —— ‘tebe by poco Ligaciaad Tin te iE 0a) 7 Rr counf OR nue Return On ArresfAvarrant a ee reaeea = iE ee = [state iit | Aves aie aeoyrd | et cpenectcat, “hon and tess by vt of tho wii ad oragong Comin and Wan Tmirastd Ts Body ovo wahinnad BOOUSGd and Toad ‘of sal ourt for examination, Other Court action ‘his ie page 2 of 22 page infomation ARREST WARRANT APPLICATION, BeRstb Rots STATE OF CONNECTICUT Bea SUPERIOR COURT "Fa ae a RR NCPD -19.6190/SP-49.00250570 | CSP Western District Maj “Tain aa Fra I a Soaees i TROCONIS, Michelle, C Application For Arrest Warrant ‘To: A Judge ofthe Superior Court The undersigned hereby applies for a warrant for he arrest of the above-named accused on the basis of the facts sel forth inthe: [q) AMfidevit Below. (S} Alfdavit(s) Attached, Baie, Peepers jg auhonty) Typafeatapene of proeapating nuthoriy ela 15. Wye. Poccece Affidavit ‘The unesige afenbeing duly won, poses and says 1. That your affiant, Detective John Kimball, is a member of the Connecticit State Police with over twenty-five years of law enforcement oxperience. Affiant Kimball is currently assigned to the Western Distrsct wajor Crime Squad, Troop G office, having been so for the past ten years At all pertinent times mentioned herein were acting in their offioint capacity as menbers of said department and both aze currently assigned to the investigative section of the department and both have been aaaigned sudden death investigations as well as serious assault incidents and have received training in these areas. The following facts and circumstances are stated fron personal knowledge, cbservation, and investigation, aa well, as fron information received from brother officers acting in their official capactey ‘Geogragbicat Eee a 2. That on May 24, 2019, and at about 7:00 PM, the New Canaan Police Department {NCPD) received a report of a missing female, identified as Jennifer Dulos, who resides at 69 Welles Lane in New Canaan, CT, Friends had become concerned for Jennifer's welfare after she failed to attend multiple scheduled doctor appointments in New York City. Friends had attempted to contact Jennifer without success 3. NCPD officers responded to the residence and attempted to raise someone inside hone, but were unsuccessful. At the behest of the family, the nanny provided officers access.to. the residence. 4, During their check of the residence, NCPD officers located several stains on the garage floor and on a vehicle parked in the garage, which had (isis pope 1 of 6peae Adour) Dale 7/4 Finding The foregoing Application for an arrest warrant, and affidavit{s) attached to said Application, having been subrnilted to and considered by the undersigned, the undersigned finds from said affidavt(s) that hero is probable cause to bsliave thal, an offonse has been committed and thal the accused committed & and, therefore, that probable cause exists for the issuance of a warrant for the airest of the above-named accused. Sem Aateauied. [rial ARREST WARRANT APPLICATION STATE oF connectiCUt see oe ‘SUPERIOR COURT Bet ma. s0 ne ae aT EF sree Ree TS TTY CSSA TTT] Secs TROCONIS, Micha, C Farmington {Stamford Seaaae 0 Aifidavit - Continued the appearance of bloodstains 5. The New Canaan Police Department contacted the Connecticut State Police Western District Major Crime Squad (WDMCS) for investigative and crime scene processing. From this point forward, this case proceeded as a joint investigation between New Canaan Police, Connecticut State Police, and other federal and local agencies. 6. New Canaan Police initiated a search of the area surrounding 69 Welles Lane the.New Canaan area and located a 2017 Chevrolet Suburban (Connecticut passenger plate AJ69099) registered to the victim, Jennifer Dulos, on Lapham Road just north of the Merritt Parkway along the west perimeter of Waveny Park in New Canaan. This site was approximately three miles driving @istance from the 69 Welles Lane residence. A check of the vehicle and subsequent exhaustive searches of Waveny Park using NCPD and Connecticut State Police personnel and canines did not locate Jennifer 7. Under the authority of a Mincey Search Warrant, the WDMCS van conducted erkme scene processing at the 69 Welles Lane residence and found evidence of a large quantity of physical evidence in the garage area and inside the residence. This include sMultiple stains on the garage floor which tested positive for human blood Multiple areas of suspected blood spatter. sEvidence of attempts to clean the cxime scene Based upon the crime scene processing, investigators came to the consensus that a serious physical assault had occurred at the scene, and Jennifer Dulos was the suspected victim, « 8. A check of Department of Motor Vehicle files listed multiple vehicles registexed to the Fore Group, LLC ~- a company owned by Jennifer's estranged husband, Fotis Dulos (hereinafter “Dulos”). One vehicle listed was a 2014 Ford F150 SV? Raptor (color: black; Connecticut Passenger plate DLOYEC; VIN: 1PTFWIR62BFCO6E52) . (1s page 2 of Gpago Alida) ft L-O1 LFA “Sikeston wae LSS oA fut | O67 Prefs Oa Att WARRANT APPLICATION STATE oF conwecricur cae geuss SUPERIOR COURT Pit Bae 342,308 wrod. gor faa Pat may Wesaane on ca TROCONIS, Michelle, © eH [Farmington Affidavit - Continued cograne Nonromer 01 I res recalled 9. Investigations determined that Dulos has a current girlfriend identified as Michelle Troconis, both of whom reside at 4 Jefferson Crossing in Farmington, CT. ‘Troconis has also refused to cooperate with investigators in this case thus far. 10. On 05/25/19 at 1447 hours, investigators met briefly with Dulos in the NCPD headquarter lobyy. During the meeting, Oulos provided his Apple iPhone Model X to Detective Allegro, who seized the device under the belief it, contained evidence of a crime and/or information which could lead to the discovery of Jennifer Dulos. Dulos and his attorney subsequently left NCED headquarters without providing any information to assist investigators in locating his missing wife. To date, Dulos has declined to cooperate with this investigation. 11. Investigators obtained a search and seizure warrant to conduct a forensic download on the device. Additional search warrants were obtained for the call detail records of the cellphone associated with Troconis Investigators consulted with the United States Marshals Service, who provided analytical support for cellphone data for Dulos' handset and Troconis' call detail records. The following information was gleaned: On 05/24/19 (date of incident) Dulos' cellphone left his 4 Jefferson Crossing residence and traveled to the area of 80 Mountain Spring Road in Farmington, cr. *At 1337 hours, Dulos' device entered the property of 80 Mountain Spring Road which Property Records indicate is owned by the Fore Group Inc., the business owned and operated by Dulos. *Dulos' device remained on the property until 1538 hours ~ a period of more than two hours - at which time the phone traveled back to his residence at 4 Jefferson Crossing, arriving 1617 hours. *At 1721 hours, Pulos' cellphone had returned to the area of 80 Mountain Spring Road. ARREST WARRANT APPLICATION Te CR COME EE lo.chea Rev. 34 Ges § cee SUPERIOR COURT Be Bee 84,202,363) work gow an See spe HOH | cocrestca isa ama esc Farmington “Wine aad Fis vs ata TROCONIS, Michelle, C “Affidavit - Continued Stamford Noamior Of *At 1734 hours, Dules' caliphone arrived back at his residence at 4 Jefferson Crossing. At 1910 hours, Dulos' device traveled to the area of Albany Avenue in the north end of Hartford, Troconis' cellular device traveled along with that of Dulos throughout the Hartford area. + Investigators obtained surveillance footage from the Hartford Police Department Capital City Command Center (C4) which operates surveillance cameras at various Hartford locations, including the Albany Avenue area. C4 documented a black Ford Raptor pickup truck stopping at over thirty locations along a more than four mile stretch of Mibany Avenue between Biltmore and Edward Streets. Video stills of the Ford pickup were examined and specific aspects of the vehicle shown on C4 video matched characteristics of Dulos' vehicle, which has been personally observed by detectives, to include a sticker on the rear window of the truck and a light-colored mark on the lower portion of the front bumper. The front plate of the C4 vehicle was of consistent color to Dulos' vehicle and the C4 video showed characters consistent with the letters and numerals on Dulos’ vehicle. + C4 video showed a Caucasian male matching the physical appearance of Dulos emerging from the Ford pickup and plaging multiple garbage bags into various trash receptacles. The male ‘thea baseball cap and a ot light-colored shirt. In some cases, the C4 video showed items being discarded which appeared to be stained with a substance consistent with the appearance of blood. One video clip showed what appeared to be a Caucasian female with a thin build leaning out of the passenger seat of the Ford pickup and either placing something on the ground or picking up an item. This female Was consistent with Michelle Troconis. ‘Another video clip showed the male at the corner of Albany Avenue and Detectives Ganden Street inserting an item into a storm drain grate. his Is page 40f2 5 page Atidave) 26 -0f-/, oa eee ~O1-/9. Soa Ora eae ARREST WARRANT APPLICATION Seat ge CORNECHEUT Gaspoue’ SUPERIOR COURT Fee Berea, sa ere tel “ice (east Pad Ma io = Resktanes (Yo) a SEGRE BART STTERY | Coograpical Stamford menwarr OF TROCONIS, Michello, C Affidavit - Continued responded to the drain anda Metropolitan District Crew removed the grate, which allowed detectives to recover a FedEx mailer hox. Inside the box, investigators located two Connecticut license plates whose appearance had been altered through the use of tape and adhesive. The actual license plate (Connecticut Passenger plates $16#DJ) had been modified to read “ST6WBU.” When the actual plates (516WDJ) were queried, Department of Motor Vehicle records indicated the plates came back Status: Cancelled on a 2007 Chevrolet Suburban registered to Dules. * Detectives checked the trash receptacles shown on surveillance and recovered garbage bags consistent with bags shown on C4 video, clothing with a blood-like substance, other items and. household goods (e.g. kitchen sponge) with blood-like stains, and other items. At 1941 hours, Dulos' handset left the Hartford area and returned to his residence at 4 Jefferson Crossing. +A residential surveillance system adjacent to Pulos' property at 4 Jefferson Crossing showed a black Ford Raptor pulling into Dulos* dviveway at 2012 hours. A male matching the description of the male depicted in Hartford exited the vehicle, walked to Dulos! mailbox, and removed the mail. ‘The male then got back into the Raptor and pulled further onto the property and out of camera range. ‘Detectives obtained video surveillance from an adjacent residence which provided a view of Dulos’ residential driveway. Surveillance foctage showed Dulos arriving home on 05/24/19 at 2010 hours. Dulos 4 stopping his black Ford Raptor (CT Passenger plate 910¥EC) at the mouth of his driveway, exiting his vehicle, and walked to his mailbox. Dulos appears to be wearing a white-colored t-shirt and black colored pants. 22. On 05/31/19 personnel from WDMCS seized Dulos' 2014 Ford F150 svr Raptor {color: black; Connecticut Passenger plate 910YFC; VIN: LPTEWIR62EFC06852) via lawful search warrant. The appearance of the (7s s page Sf 6 page Aut) HES SUPERIOR COURT it ee 2.308 eae eam =e a en aa coeerey TROCONIS, chelle,C Famington wees ot Affidavit - Continued vehicle was confirmed to be consistent with the Ford pickup truck shown on C4 video. 13. That numerous items recovered from trash receptacles corresponding to dump locations shown on C4 video were submitted to the Department of Bmergency Services and Public Protection Forensic Laboratory (278 Colony Street, Weriden Ct). 14, That on 06/01/2019 items submitted to the DESPP lab were tested and found to contain Jennifer Dulos' blood. 15. Based on the above described facts and circumstances, your affiant believes Probable Cause exists to believe that, MICHELLE C. TROCONTS (DOB: 09/26/1974) did on 05/24/2019 commit the following crimes: Yampering with or wabricating Physical Evidence, in violation of Section 53a-155 6.6.8. Hindering Prosecution in the First Dagree, in violation of section 5da-165aa C.6.8. 16. Your affiant requests an Arrest Warrant be issued for MICHELLE Cc, TROCONES (DOB: 09/26/1974) for the above charge: 17, That this affidavit has been presented to no other court. EXHIBIT B porta” 184 sess ox PONT AAS sau EXHIBIT C STATE OF CONNECTICUT, DEPARTMENT OF PUBLIC SAFETY- INVESTIGATION REPORT (DPS-302-F) (REVISED 2/3/06) Prego 082 Report Type: Reve: 1900250870 -o0161698 Initial Report: (1 Prosecutors Report: C Supplement: I Re-opon: CI Assist: (1. Closing: 0 Aitachments: Statements: [] Teletype: 2 Photos: [1] Sketchmap: (] Evidence: [] Other: Grane TRGBENT DATE | TIME | INCIDENTONTE | Thar | PRIVARY OFFICER. ssco2s0s70 carson | oxso | osresia04e HOMBALL, JOHN, INVESTIGATING OFFICER BaDeENO ff jal BEAUTON, MICHAEL R. 0436 fRetapnic niiDENT ADDRESS 00050 Wot La Now Canaan 00840 [ACTION TAKEN: On Friday, May 31st, 2019, afler the recovery of Exhibit # 154 (2) two altered Connecticut license plates - | received a telephone call from Detactive Sergeant Alain Bisson. Detective ‘Sergeant Bisson instructed me to proceed to the residence of the maln suspects in this case - located al 4 Jefferson Crossing, in the town of Farmington, CT. Upon my arrival, | met with Detective Sergeant Bisson, Detective Michael Fitzsimons, and Trooper Duane Lopriore, all of the Westem District Major Crime Squad Dotective Sergeant Bisson briefed all present - detailing instructions to escort Fotis ‘Dulos and Michelle: Troconis to Western District Head Quarters - Troop L - Litchfield. Detective Sergeant Bisson informed us that search and seizure warrants for Dulos and Troconis were to be executed by state police major crime van personnel, to include the collection of DNA buccal swabs and major case prints, among other things. ae enaemrctarconrhar Tench wns Scio RSARESLT OF (SY PERSON COEERWAIONA KROME SOE: OR PHONON RELATED TO WEY OTA MENGERS CF INVESTIGATOR SIGNATURE: [VESTIGATOR 10 [REPORT OATE: /DET MICHAEL RBEAUTON/ | #20 oer2r20%0 0308 pm "SUPERVIGOR SIGNATURE: [SUPERVISOR LO. = ISGTKENNETH J VENTRESGA/ | 0266 i eo - 1900250570 Gat. STATE OF CONNECTICUT, DEPARTMENT OF PUBLIC SAFETY- INVESTIGATION REPORT (DPS-302-) (REVISED 2/3/06) Page 203 Detective Sergeant Bisson requested Gumienny call his boss (Dulos) to inform him that he needed lo como home with Michelle - so that the search warrants could be executed - as they were not answering Detective Sergeant Bisson's phone calls. Gumienny complied with this request, and contacted Dulos. Gumienny told detectives that both Dulos and Troconis were on thelr way home. They both arrived shorlly thereafter and after consulting with their attomeys, drove themselves (0 Troop | - escorted by State Police Major Crime Detectives. Gumienny was released and left the property in the Jeep Fc SSR RRS BEBO CECE DRE TE TH WER OF WATE POTS RETOT PETG THN WOBENT RNR Pearce conung WEREN WN icuRED Asx PESIAY OS (IM FERGOWN COBERATEN ANDO DE OR INOATON READ TOME BY OE NDS OF ener anor Wri Pore OAR HCTOR )AFONUATION ECD OY AER. Of AYOTMR ELDER OF APOLCEOSOMENT FROM THE FERSON ON ERGONS nWvESTIGATOR SIGNATURE, WET MICHAEL R BEAUTON/ "SUPERVISOR SIGNATURE: (SGT KENNETH J VENTRESCA/ [INVESTIGATOR LOA: [REPORT DATE: 0438 ovrz2010 08:05 pm [SUPERVISOR LDH 0256 se», 1900280570Con. STATE OF CONNECTICUT, DEPARTMENT OF PUBLIC SAFETY- ef AE INVESTIGATION REPORT (DPS-302-E) (REVISED 2/3/06) Page ot with Troconis' mother and daughter, taking them to a nearby hotel. ATTACHMENTS: MC-Tab-00169395, (3) Three pages of teletypes (2014 Jeep Cherokee) } CASE STATUS / ACTIVE Hee ee mgr Nene sccykDAsA RS F(A PeGORH CHESANTEN MORROW On P9MTORAATEN ENED OME BYTES MERGERS OF aerate on or aos: star ee ORATSEHIED HY MISF OX MNITERIEMEE FALE EONATENT FE THEPFESOM OM ERS INVESTIGATOR SIGNATURE: [WVESTIGATOR 10 [REPORT DATE: | (DET MICHAEL R BEAUTON/ | 06% oo2r2019 0:05 pm ‘SUPERVISOR SIGNATURE [SuBERVSOR tO é 7 ISGT KENNETH JVENTRESCA/ | 9298 . :