Attorney Norm Pattis , left, talks with Fotis Dulos after his client testified in a civil case at Hartford Superior Court, Wednesday, Dec. 4, 2019, in Hartford, Conn., brought by Gloria Farber, the mother of Jennifer Farber Dulos, his estranged wife who disappeared in May of this year.
Attorney: Gag order prevents defense’s ‘bold, public strategy’ in Jennifer Dulos case
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STAMFORD — Norm Pattis was hired to ensure Fotis Dulos did not incur a murder charge in the disappearance of his estranged wife and to "meet blow for blow, the torrent of publicity fanned by his arrest warrant's release," according to a brief filed Thursday with the state Supreme Court.
In the 21-page brief, Pattis outlines his response to the state's contention that a gag order in the criminal cases pending against Fotis Dulos is needed to ensure a fair trial. Pattis has contended for months that he and his client should be able to address the massive publicity surrounding the disappearance of Jennifer Dulos with theories of their own and a loud defense that the 52-year-old high-end real estate developer had nothing to do with the missing persons case.
The gag order imposed in September by Stamford Superior Court Judge John Blawie prohibits, attorneys, police, witnesses and others from publicly discussing evidence or the character of those involved, including Jennifer Dulos.
But Pattis argues in his latest brief that his client has not been charged with murder and Jennifer Dulos is not the victim in any of the charges Fotis Dulos is facing.
Fotis Dulos did not ask for a gag order to protect his right to a fair trial, Pattis pointed out in the document.
"Much like a defendant waiving his right to remain silent or his right to a jury trial, Mr. Dulos opted for a bold, public strategy in his own defense," Pattis said. "The state, whose charging decisions rebound to its strategic benefit, sought to silence Mr. Dulos' criticism to reap maximum benefit from the unusual manner in which it proceeds."
Pattis will argue against the gag order before the state's highest court on Dec. 12. The state Supreme Court agreed to Pattis’ request to hear the case on the grounds it was of public interest. Appellate prosecutor Richard Schienblum, representing the state, agreed with the appeal, saying it would help create precedent on how gag orders are handled in the state.
Fotis Dulos and his former girlfriend, Michelle Troconis, have each been charged with tampering with evidence and hindering prosecution in the May 24 disappearance.
The arrest warrants have outlined evidence and police "beliefs," but Pattis contends he is not allowed to throw out his own theories to craft a defense for his client due to the gag order.
Blawie imposed the gag order at the request of Stamford State's Attorney Richard Colangelo after Pattis made several highly publicized statements about Jennifer Dulos and the pending case against his client.
Most notably, Pattis said his defense team was investigating whether Jennifer Dulos purposely vanished to get back at her husband much like the novel "Gone Girl," by Gillian Flynn.
Pattis has also publicly questioned whether Jennifer Dulos was seriously ill based on $14,000 worth of medical bills his client received in the months leading up to her disappearance and suggested she could have perpetrated a “revenge suicide” plot.
Pattis also claimed Troconis passed a polygraph test, which Colangelo contends was never administered.
According to arrest warrants, police believe Fotis Dulos was “lying in wait” when Jennifer Dulos arrived home from dropping off their children at school around 8:05 a.m. May 24.
Police said two people resembling Fotis Dulos and Troconis were seen on video the night of the disappearance in Hartford. Fotis Dulos was seen on the videos dumping bags that were later determined to contain his wife’s blood and clothing, the warrants said.
Police said Fotis Dulos and Troconis also took a red Toyota Tacoma pickup truck belonging to a Fore Group employee to a car wash in the days after the disappearance.
Fotis Dulos urged the employee to remove the seats, which he did but turned them over to investigators who found Jennifer Dulos’ blood on one of them, according to arrest warrants.
Troconis, who was also arrested in the case, is expected to be back in court for the criminal charges on Friday, while Fotis Dulos is not scheduled to appear until January.