Deceased/Not Found CT - Jennifer Dulos, 50, New Canaan, 24 May 2019 *ARRESTS* #36

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Jennifer Dulos homicide: New charges will affect Fotis Dulos’ custody battle

Jan 9, 2020

Fotis Dulos will only be allowed to leave his Jefferson Crossing home to attend medical appointments, church services and court-approved work appointments.

Fotis Dulos spent a second night in jail Wednesday after his bond paperwork could not be filed in time following his arraignment at state Superior Court in Stamford.

ETA: The terms of bond release for all the defendants appeared essentially the same with GPS/EM and house arrest. Seems FD also allowed court-approved work appointments. I don't recall seeing that before.
 
Good video....Attorney Bergenn is a defense attorney, right? I'm always leary of the discussion of "reasonable doubt." I know of one case in which the jury instruction for this element took a couple of days for the attorneys to craft and finally agree what the jury was to be told in the final instructions.

Beyond a reasonable doubt does not mean no doubt. Defense attorneys LOVE to confuse jurors on this, IMO. I've sat on too many juries (IMO) from the Superior Court to the Federal Court and in the case in which beyond a reasonable doubt was required, someone in the jury was "hung up" on the phrasing and meaning and could not get past this dilemma, especially when the defense was successful is muddying the definition in the jury instructions. THIS person is the juror that NP will be looking for during jury selection, IMO...MOO.

Without a body, this could be a difficult decision for many people. Huge sigh....
I recall the statistic thrown around in the Kelsey Berreth case, that no-body murder cases actually carry a higher conviction rate than cases with a body.

That’s mainly because prosecutors only push forward with cases that are very strong. This one definitely fits in that regard.

I’m not as confident about the cases against MT and KM, but FD is done. If not for that trash dump, this would have been a hell of a lot tougher.

So that hurts bad, and the likely prospect of one of his co-defendants flipping, also doesn’t bode well for him.

I think JD’s family needs to be aware that all 3 are probably not going to get what they deserve, as a deal might be cut.
 
Jennifer Dulos homicide: New charges will affect Fotis Dulos’ custody battle

Jan 9, 2020

Fotis Dulos will only be allowed to leave his Jefferson Crossing home to attend medical appointments, church services and court-approved work appointments.

Fotis Dulos spent a second night in jail Wednesday after his bond paperwork could not be filed in time following his arraignment at state Superior Court in Stamford.

ETA: The terms of bond release for all the defendants appeared essentially the same with GPS/EM and house arrest. Seems FD also allowed court-approved work appointments. I don't recall seeing that before.
 
I would never miss a worthless, heartless soul on this Earth. If he chooses to check himself out, the sooner, the better. It would save so many others of stresses and expenses.

Yes, and it would spare GF from spending more money fighting him to get her money back. The kids would never be subjected to any of his games and the taxpayers could save the money from trial and incarceration. Let him check out spare us his poor me antics. Heck give him all the rope he needs....
 
MOO I think putting the victim in a pre-prepared grave like the one found at the hunting club is likely, and faster. It would take time and a boat to sink a body in deep part of even a small lake.
Somewhere within 10 minutes of Welles road house. 10 minutes there, five minutes business 10 minutes to the Tacoma on Lapham or Wavery.
Bicycle then put in back of Tacoma along with bag or bags of clean up and crime evidence. Then driving Tacoma north on Rt. 15, was passing New Canaan Service Center 10 minutes later at 11:12am.
Hmm, I'd be interested in seeing what a 10 minute radius of Welles / 10 minute radius of Waveny Venn diagram looks like.
 
^^sbm

Per AW there were 3 checks from Chubb Insurance with multiple payees (FD, JD) which is very common in the industry. As long as the payees were designated by "or" then only one endorsement is required ("or" standard insurance practice). However, if payees are designated by "and" then each payee must endorse the check. I'd be surprised if these insurance checks were different than the industry standard and completely legal with only FD endorsement.

Reference link posted up-thread.
Went back to AW3 as my recollection was fuzzy on the exact wording of the Chubb checks.

But the reason I do believe that one party alone cannot deposit the Chubb checks into the Joint Account is that AW3 states the checks are made out to: Fotis Dulos AND Jennifer Dulos. Had the check been made out to Fotis Dulos OR Jennifer Dulos then YES, Fotis Dulos could have deposited the check without the signature of Jennifer Dulos.

So, I think this was a bank error and I also believe Fd knew what he was doing was wrong. IMO the bank shouldn't have allowed this to have happened. I also wonder what these checks were for?

Seeing the magnitude of these Chubb checks I am even more disgusted that JFd Atty Midler didn't do more to safeguard the marital assets as it looked like Fd ransacked the joint account and transferred it to his personal and FORE account.

I also find it quite amusing that Atty. P. who accused JFd of 'taking a substantial sum from the joint account' when she left 4Jx somehow didn't reference the Fd actions with the Chubb Checks!


Here is the language from AW3 that describes the checks.

ChubbChecks.png

But what is also interesting is that technically Fd was only entitled to 1/2 the check proceeds from the Chubb Checks and YET it seems he swept the ENTIRE amount into his personal account i/n/o Fotis Dulos and then eventually to a FORE Group account.

Because of the way the Chubb Checks were made out originally by Chubb I believe that People's Bank of Bridgeport, CT should have required the signatures of BOTH parties in order to deposit the check.
 
I recall the statistic thrown around in the Kelsey Berreth case, that no-body murder cases actually carry a higher conviction rate than cases with a body.

That’s mainly because prosecutors only push forward with cases that are very strong. This one definitely fits in that regard.

I’m not as confident about the cases against MT and KM, but FD is done. If not for that trash dump, this would have been a hell of a lot tougher.

So that hurts bad, and the likely prospect of one of his co-defendants flipping, also doesn’t bode well for him.

I think JD’s family needs to be aware that all 3 are probably not going to get what they deserve, as a deal might be cut.

I agree about Fd for a reasonable juror without the undo influence of the slippery tongued NP. I don't know who's going to try the case for the prosecution, but Colangelo will need to up his verbal game or old Norm could schmooze a juror who doesn't want to analyze the evidence.

Here's to one of the "3 stooges " flipping, JFd's body being discovered, and maybe some Justice for Jennifer and peace for her family!
 
@gitana1, totally agree that this sicko Fd created a scenario in Family Court that was misery for all involved.

But where I struggle with the Family Court situation is seeing that there were points along the way where non compliance wasn't punished using the tools available to the Court. So far as I know from the file there was no jail time for non compliance, no fines for non compliance and no requirement on Fd to financially support his 5 children due to the unresolved financial disclosure issue I believe, amongst other issues possibly. I'm sure the Court has other tools available but I didn't see any of these used in the file either unfortunately.

We also so far as I know didn't see any atty related sanctions for their facilitating Fd financial disclosure issues in the case although I do think its possible that Atty Pyetranker might have been excused from the case in a similar way to Atty. P. being excused from the case via closed door and off the record meetings which seem to be the norm in CT (file is unclear on exactly how this situation was handled IMO but Pyetranker left the case abruptly). IDK but it was hard to read some of the court testimony from Fd which IMO made it clear that Fd atty's were actually preparing some of his financial disclosure documents and knew that such disclosure documents didn't 'match up' to similar documents submitted to banks by Fd/FORE for the purposes of obtaining a loan.

I think what surprised me a bit here (vs some other DV cases I'm familiar with) is that Judge Heller seemed to understand Fd perfectly and was very strong in her statements about his behaviour and in particular where he lied under oath and also engaged his children in lying on his behalf. But even though Judge Heller called Fd a liar on multiple occasions, she never punished his repeated lying. Sure removing access to the children was a type of punishment but it wasn't really because at any time I think Fd could have chosen to comply with the Judge Heller order and his visitation would have been reinstated. Fd chose not to comply and so didn't see his children for nearly 10 months.

Judge Heller understood Fd quite well I think and this was well done of her I believe. Perhaps the options available to a Judge to punish someone like a Fd are limited but other than removing access to the children after the lying incident there really were no consequences to Fd for lying under oath or submitting false financial statements to the court or any of the other actions we saw in the case to delay the case or prevent resolution of financial support for the children. The Family Court case had contempt orders issued and as @gitana1 so clearly states, Fd had only very restrictive access to his children and this was a source of great frustration and anger for his and he also complained constantly about the associated cost of the GAL and court appointed observer.

I know you/@gitana1 and I go back and forth on this issue of how Judge's manage cases. Something about this Dulos v Dulos case IMO became explosive and IDK if it was the custody aspect or the financial aspect, or perhaps both?

But what is puzzling to me is that even with very experienced atty's involved and a final Judge (of the 3/4 total Judge's involved in the case over the 2 years) who I believe understood the issues of the parties involved, that compliance with financial disclosure from Fd was allowed to go on for such a prolonged period of time that for lack of better expression I think the case simply 'blew up'. Fd fought to the legal mat over and over to not disclose and by virtue of his doing this the Court wasn't able to make financial determination of his ability to contribute to the welfare of his children.

His delay in providing financial information IMO also meant that JFd (and her mother) were put in the position of supporting the children as Fd contributed nothing from the time JFd left 4Jx in 2017 to the maintenance of the children.

What would have happened if JFd and her mother hadn't been able to financially support the children? Would Judge Heller have allowed no support for the children? How many women in the US have the financial wherewithal that JFd and her mother had? IMO very few women have the money to do what JFd was forced to do and IMO she was forced to do it because the Court couldn't figure out how to get money from Fd for nearly 2 years. IDK why the Court allowed the situation to go on for so long as I believe that it escalated anger on both sides. Sure, this case had 2 people that most likely couldn't agree on anything. But to not impose a financial support obligation on Fd is something that I simply don't understand even if it was $2,000/month. Fd paid $0 over the 2 year period for the maintenance of his children. The week after JFd went missing was yet another hearing on the financial disclosure issue. I do believe this was a major contributor to motive in this murder.

Even after 2 years, IMO the Dulos case was nowhere near being able to go to trial as the motions just kept on being filed with no end. I find it hard to believe that had consequences that were significant been imposed at some stage of the process (on both parties) that perhaps the situation might have been resolved or at least heading to trial with decent documentation? IDK, maybe its a pipe dream?

I do hope someone studies the Dulos family case that has Family Law expertise in Hartford and perhaps offers up ideas on how to avoid this happening in the future. Sadly, I don't think there are many easy answers for hard cases where both parties simply cannot agree. But, I do think compliance with court orders is a basic place to start (pretty low bar too IMO) as I'm not convinced Fd ever was consistently held to this basic standard of compliance unfortunately and neither were his attorneys.

Some of the local DV advocates in CT have offered up some commentary on this case along with some suggestions for reform. Perhaps those in Hartford might take note. DV is not a new issue in CT and sadly the situation and stats aren't improving.

Here is a quick article from today with an interview from local DV person:
Fotis Dulos’ murder charge puts new light on domestic violence allegations
MOO

That’s pretty long so I only skimmed. The length of time this case took is pretty common in highly contested divorces with complex financial issues. Jail time is almost never ordered for violation of court orders. It just doesn’t happen much because these are civil issues.

To get close to that someone would have to file a contempt of court and if found guilty usually it’s community service or a fine.

Motions for monetary sanctions are much more common as a means of controlling or punishing bad behavior. But it usually takes a long time for those orders to be issued. Multiple violations.

Further, child custody matters take precedence and the courts are impacted so financial issues often drag.

I’m just telling you as a family law attorney I see nothing remarkable about how this case was managed and not one darn thing to fault the judge for.

And I have no dog in this fight. No connection to the judge, no reason to defend her. Except for experience and fact.

The judge didn’t issue any decisions nor fail to issue decisions in a negligent manner. Not close. I think people have to be familiar with the judicial system from a professional standpoint in order to understand. I hear my clients complain a lot and I try to explain but they aren’t able to really understand. I’ve explained this before on the threads about this case:

“But I don’t understand WHY he keeps getting AWAY with it! How can the judge not DO anything!! Why is this taking so LONG!”

What the client doesn’t understand is that the judge doesn’t have access to everything about the case that we have. The judge hasn’t been exchanging emails and letters between the parties and counsel isn’t on the calls. The judge hasn’t read every discovery request and response and meet and confer letter.

The judge doesn’t know the case like the back of his or her hand. Doesn’t know the history usually. They are impacted. They have multiple cases each day so they read only what they need to for the upcoming day and don’t retain a lot.

Eventually, after months or even years, they will start to know a case pretty well though, if there’s protracted litigation. Then all of a sudden, just when the judge is starting to get a grasp on a particular case? They’re moved. They retire. They go to a different venue. Whatever. So you’re starting from scratch with anew judge who knows no one and has no obligation nor ability to read the entire court file.

The best thing that can happen with nasty cases like this one is either appointing a special master or sending it out to a retired judge who comes in just to try one or two specific cases. When we are able to do that it resolves a lot of issues. But we don’t always have those options.

Regardless, I will repeat: Nothing the judge did or didn’t do caused this. The litigation didn’t cause this. This was a high conflict and complex case. There are thousands of those in every jurisdiction every year. It’s not an excuse to murder.

Finally, putting FD in jail for a couple days for violating court orders would be irrelevant to the ultimate murder. It wouldn’t have prevented it either.
 
Hmm, I'd be interested in seeing what a 10 minute radius of Welles / 10 minute radius of Waveny Venn diagram looks like.
Gray Hughes did a podcast early in the process with the second AW and he used google earth to look for locations that could have been accessed by Fd during the 'gap period' between leaving Lapham Road and then being seen heading north on the Merritt. IMO he did a good job of looking at options and it also gave a great view of NC and surrounding area.

He has done a couple of videos but I think its this one where he follows the route from Farmington to NC and back again:

 
I agree about Fd for a reasonable juror without the undo influence of the slippery tongued NP. I don't know who's going to try the case for the prosecution, but Colangelo will need to up his verbal game or old Norm could schmooze a juror who doesn't want to analyze the evidence.

Here's to one of the "3 stooges " flipping, JFd's body being discovered, and maybe some Justice for Jennifer and peace for her family!

the mere fact that there are two co-conspirators may indeed bode well for Justice for Jennifer. I mean if I’m KM/KM attorney I’m sitting there wondering if MT will flip and get a deal and if I don’t talk to LE then I won’t have any bargaining chips. Same for MT/and her attorney Bowman. We
Saw what MT did with her three interviews with LE when it was just her and FD facing charges of tampering etc...initially. Now you have a third person charged in KM. It makes things a lot more interesting. I’ll be honest I gave up hope on MT fessing up and I know nothing good about KM BUT again now we have a third person charged and that might be just enough to get some critical information. Cuz we all know it’s not gonna come from FD. So that’s my prayer and hope to tonite: please let either one or both of KM and MT share everything that they know and may the important things they share be corroborated by LE in some way. Words aren’t gonna cut it because MT has lied so many times so I hope if she has anything to share at this point that can further sink FD and can be backed up somehow I pray she will share it and same for KM.

Justice for Jennifer.
 
I agree about Fd for a reasonable juror without the undo influence of the slippery tongued NP. I don't know who's going to try the case for the prosecution, but Colangelo will need to up his verbal game or old Norm could schmooze a juror who doesn't want to analyze the evidence.

Here's to one of the "3 stooges " flipping, JFd's body being discovered, and maybe some Justice for Jennifer and peace for her family!

I agree and hope somebody in this group has some golden information to barter that will solidify a conviction of FD for the murder of JD. Although I think DA has a good start at circumstantial evidence -- there's without a doubt that one juror that can't get past no-body and insist no body equates to reasonable doubt. MOO
 
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