Silver Alert CT - Jennifer Dulos, 50, New Canaan, 24 May 2019 #14 *ARRESTS*

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Why did LE go to Irwin Park so early on after her disappearance and why did they return on a second occasion?
There doesn't seem to be much area to hide a body and with three baseball fields there, it must be well used.
@Rosiebones Irwin Park has parking that isn't monitored, no cameras that I am aware of although there might be security on the house for entry and is a relatively short jog away from Welles. Irwin isn't as close to Welles as Winter Club or NCCS but its close enough and offers quick access to Rt 123 north towards Ridgefield, Danbury, Rt 84 and from there Farmington. IMO you could park at Irwin, jog down Weed, jog down Frogtown to Welles and nobody would bat an eye.

The Irwin House used to be occupied by Town offices while the new town hall was being built. But once the Town Hall was completed the staff moved out and sadly Irwin House and Barn are unoccupied today and the property doesn't look to be in as great shape as it was when it was occupied and actively used IMO.

There also used to be a caretaker that lived in the apt over the garage but even though a town employee sometimes visits the property I don't think anyone lives in the apt anymore and this contributes a bit IMO to how the property looks today vs a few years ago where there was more maintenance done and certainly more people visiting the property on a daily basis.

There is also a very well known mid century modern small house on the property that is periodically opened to the public for viewing. But in general the park is for runner, walkers, dog walking, sometimes baseball, and sitting on the front lawn to enjoy the weather or a picnic. Its a beautiful place to spend quiet time!
 
Wouldn't that be an interesting twist in this sad case! But in all the photos we have seen of FD on FB and elsewhere there hasn't been a fitbit that has been visible. Has anyone seen one on FD? Very interesting question!

I wear a fitbit daily, fastened to a band around the waist, as my hands are working in the garden/getting wet etc.
 
As ever, what you guys write here makes me think. Today I tried to look at the case minus some thoughts I had had like a drum, etc. In this reframing, I thought about how it seems FD was trying to blame people in a neighborhood that perhaps he felt was more crime-ridden than his own. JD’s car also was left somewhere away from her house, at
I get that GF’s age and health could be issues but she has resources—; it’s not like she will have to physically pick them up and carry them around and she undoubtedly has excellent health care. I also bet she won’t be going to water-ski competitions all over the world for 10 days a month, and on and on... I think the health and well-being, physical and otherwise, of the kids will be at issue if they are allowed to be with FD. I say this based on what he himself has said and how he has acted including as noted in the court records of his behavior that made him have supervised visits. At the same time, almost anything can happen in this world but I hope not. Could any judge sleep at night having allowed that? Maybe they should do a SWOT (strength, weakness, opportunities, and threats) analysis of the benefits and potential issues to the kids on both sides. Let’s see...one, GF, may not live another 50 years (like anyone is guaranteed tomorrow) while the other, FD, may have ended the kids’ mom’s life at 50 years. MOO.
In my opinion from what I have read about FD’s parenting his main skill seems to be bullying into submission. That could be very detrimental to a child’s health.
 
Thanks for posting this! Here are guidelines in CT on Factors The Court May Consider in determining a "parent-like relationship" that GF is claiming in order to continue to have custody of the children:
(c) In determining whether a parent-like relationship exists between the person and the minor child, the Superior Court may consider, but shall not be limited to, the following factors:
(1) The existence and length of a relationship between the person and the minor child prior to the submission of a petition pursuant to this section;
(2) The length of time that the relationship between the person and the minor child has been disrupted;
(3) The specific parent-like activities of the person seeking visitation toward the minor child;
(4) Any evidence that the person seeking visitation has unreasonably undermined the authority and discretion of the custodial parent;
(5) The significant absence of a parent from the life of a minor child;
(6) The death of one of the minor child's parents;
(7) The physical separation of the parents of the minor child;
(8) The fitness of the person seeking visitation; and
(9) The fitness of the custodial parent.
https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/RightsofGrandparents/Grandparent.pdf
I have confidence that GF attys. will win. I think she has met these guidelines. Notice it says the court MAY consider. It gives the judge some leeway.
 
In my opinion everything FD has done is part of his master plan that he is still trying to carry out. I think his playing basketball with the kids the Wed evening before the Friday morning Murder was was really all about damaging the security cameras or breaking or rigging JD’s garage door, or planting a listening device or whatever the latest technology is so he could sneak in . Instead of being a good parent he was just playing the role to further his plan.
I agree that it was premeditated.
 
And I'd guess he slapped one on her Suburban to track her whereabouts Friday morning.
How difficult would it be to put some app on her phone to surveil her?
I've been told that it's pretty easy to track someone's email if you
have exchanged email with them one time.
all this would fit FD's m.o.
My sisters ex husband put some type of device on her computer so he could see what she was doing on it while they were going through divorce. That was many years ago. I really think you’re on to something with the basketball game and planting something in house and car so he knew exactly where she was and when so he could do the deed. E everything reeks of premeditation.
 
JMO but given the overall situation that JD was in I and her intimate knowledge of the FD psychology I would be totally shocked if her will hadn't been rewritten completely and clearly defined trusts set up for the children to preclude direct access to any funds by FD.

What I would find absolutely cosmic justice if by possibly doing away with JD that FD actually gets less financially than he would have gotten in a divorce settlement! I keep going back to the quote from court documents I posted earlier today where FD complained bitterly to Judge Heller about the cost of the divorce to his wife and how this was so profoundly bothersome to him. The irony was that if he had simply complied with court order from DAY 1 that the divorce could have been over and the huge legal costs largely avoided.

I know the CT system isn't set up to make this easily doable for wealthy folks looking to divorce and Judge Heller hasn't exactly IMO been the most proactive member of the judiciary in terms of punishing non compliance by either party in the action but FD made the decision to fight to the death based on his definition of 'winning' and sadly that looks like what might have happened in this completely tragic case!

MOO
You’re right. He could have sped up the divorce if he complied but just like JD said, he wants to win at all costs. It’s not about the kids or the divorce costing too much or the stress placed on the family like he wants the court to believe- it’s about winning and we are seeing that first hand.
 
While pondering the "innocent until proven guilty angle," I am concerned about CT's tough laws concerning custody. This is certainly a complex dilemma for the judge and attorneys.

Connecticut has numerous rulings and standards I found online. The following are from this source:
https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/BestInterest.pdf

This is the initial ruling that was comforting to me:
“We have consistently held in matters involving child custody that while the rights, wishes and desires of the parents must be considered it is nevertheless the ultimate welfare of the child which must control the decision of the court.” In re Appeal of Kindis, 162 Conn. 239, 242, 294 A.2d 316 (1972).

However, this quote is concerning.
Nonparent: “In any dispute as to the custody of a minor child involving a parent and a nonparent, there shall be a presumption that it is in the best interest of the child to be in the custody of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody.” Conn. Gen. Stats. § 46b-56b (2017).

I have a vague memory of NP making an off-hand comment that FD has other concerns right now rather than the care of the children, BUT FD seems intent upon securing his parental rights. I wonder if bringing the niece to CT would make the 5 children living with him more palatable to the court. Then, on the other hand, the "family" home is for sale and he could be moving if it sells. NP says he wants FD at "his side to prepare FD's defense," so water skiing may not be an option this summer. FD seems to be cash strapped at the current time and it would seem the expenses inherent in hiring childcare, camps, and general kid stuff might be difficult without either MT or JD's funds helping him.

Surely, the court has to weigh all aspects of the children's care. I'm concerned that GF's age and health issues might be a concern for the court.

Then, I find myself thinking that nothing will change until after the pre-trial hearing in August. By then, however, the children should also be thinking about the next school year. Where would they be enrolled? Could they go to school in NYC or would the court mandate they stay in CT?

If FD is held over for trial in the tampering case, and no charges filed in the disappearance and presumed demise of JD, would the court grant him visitation? Would a new GAL be appointed for the children? So many maybes....This is real headache material....:(
While CT court is certainly big on a parent having the children, their main goal is always - the best interests of the child. This was told to us many times regarding DCF- department if children and family cases. There certainly have been cases where grandparents have received custody. I think best interests if the child trumps parent.
 
While CT court is certainly big on a parent having the children, their main goal is always - the best interests of the child. This was told to us many times regarding DCF- department if children and family cases. There certainly have been cases where grandparents have received custody. I think best interests if the child trumps parent.
Department of children and family. Sorry.
 
My sisters ex husband put some type of device on her computer so he could see what she was doing on it while they were going through divorce. That was many years ago. I really think you’re on to something with the basketball game and planting something in house and car so he knew exactly where she was and when so he could do the deed. E everything reeks of premeditation.

My son has lost his wallet and has one of the Tile tags in it for just this kind of issue so we were looking in the App store for the app and the number and types of apps for tracking and surveillance were stunning.
 
Wouldn't that be an interesting twist in this sad case! But in all the photos we have seen of FD on FB and elsewhere there hasn't been a fitbit that has been visible. Has anyone seen one on FD? Very interesting question!

Surely LE has looked to see if he, MT, or JD had one or an Apple Watch. Maybe that’s why he volunteered the phone—sleight of hand in a sense. I cannot think that he as into symbols of wealth as he is didn’t have one or the other. They can tell so much.
 
There is absolutely nothing wrong with circumstantial evidence, It is used in courtrooms throughout America every day to convict people. You know what is not circumstantial, though? Those videos of FD dumping bloody sponges, etc, containing his wife's DNA, which are direct physical evidence linking him to JD's murder.

Those videos and the sponges are not direct evidence of FD committing murder. For a video to be direct of evidence of FD committing murder, the video would have to show him actually killing her. Videos of disposing of bloody sponges containing JD's DNA is not direct evidence of murder. One would still need to infer that those disposing of the bloody sponges would have only done so if they had committed the murder (and such inference could have course be supported by additional circumstantial evidence). Given the inference that must be made, it's circumstantial evidence of murder.

As others have said, circumstantial evidence can certainly be sufficient. The issue isn't whether the evidence is direct or circumstantial, it's whether the totality of the evidence establishes beyond reasonable doubt that the defendant committed the crime.
 
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Nice discussion of circumstantial evidence here:

Justice Matters with Bryan Porter: Circumstantial evidence is crucial for prosecutors | Alexandria Times | Alexandria, VA

Furthermore, DNA is circumstantial evidence. Fingerprints are circumstantial evidence. When I make this point in closing argument, I often see jurors’ jaws drop, but it’s true. The fact that someone’s DNA was left at a crime scene does not mean they committed the offense. There are other possible explanations about how the DNA got there, but the presence of DNA at a crime scene is a circumstance a jury can consider in making their decision. Depending on the case, DNA may be an extremely powerful circumstance – but it is a circumstance nonetheless. The only truly direct evidence is a video of the crime being committed or an eyewitness identifying the criminal. Depending on the case, these pieces of direct evidence may present their own problems.

Almost every murder case is built on circumstantial evidence. In a murder case, the best witness — the victim — is dead, and therefore obviously cannot testify. Usually, the only other witness is the defendant, and he probably isn’t going to take the stand and testify. So, if there are no other eyewitnesses, the prosecution absolutely must rely on circumstantial evidence. In fact, in almost every murder case, we necessarily have to build the case entirely on circumstantial evidence. If we did not, murderers would go unpunished.

Can you imagine a prosecutor telling the mother of a murdered child: “I’m sorry, yes, we have powerful circumstantial evidence, but since there is no direct evidence, we are going to have to let the murderer go free?” If this were our practice, we would, in effect, be telling prospective murderers “just make sure no one is watching, wear gloves and get rid of the gun before the police are on to you and you’re home free.”
 
I'm going to respectfully disagree with you here about personality disorders being inherent character flaws. In my opinion, people don't have control over a personality disorder -- it's a mental health condition - whereas character is learned behavior. I'm also qualified to diagnose and treat these illnesses.
Mental illness can be treated. Character disorders cannot be treated. People with character disorders know exactly what they are doing. They just don't care.
 
I am mindful of the limbo the children are in.
It's only July but what about September?
Will they be able to return to school in NC?
What a quandary for GF.
Will their father be free and have some kind of custody?
Or will she prevail and have full custody?
And, to add one more question, if she prevails with full custody and the children return to NCCD for school this fall, where would they live?
 
100% agree with you. And some are more easily treated than others. I just didn't want people left with the impression that a p.d. is a "flaw" in character because it's not. Character & personality are related but not the same. Hope this makes sense.
Sociopathy is not treatable. A Personality Disorder is most definitely a "flaw" in character. Illness can be treated. Character cannot. Depression is illness. Big difference from Narcissism or Sociopathy which I believe is on a continuum. I realize there is debate on that point.
 
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