Silver Alert CT - Jennifer Dulos, 50, New Canaan, 24 May 2019 *ARRESTS* #31

[Midwestmom2019]

245.86 11/13/2019 C ORDER

RESULT: Denied 11/13/2019 HON CESAR NOBLE
Given the relatively little notice. The court will, however, entertain a motion for a deposition at some other date.

248.86 11/13/2019 C ORDER

RESULT: Sustained 11/13/2019 HON CESAR
Generally, the other side is given 10 notice of the deposition “you are invited to attend and cross examine the witness.” So if FD wants to attend, he is given a reasonable amount of time to arrange his schedule and even prepare to question the witness. If he wants the witness to produce documents, than 30 days is generally reasonable notice. But FD is required to cross notice the witness duces tecum in some formal manner, depending on the state rules. Giving the witness 30 days to gather the documents so he can cross examine her. In this case, he has an absolute right to additional time to not only prepare (10 days) but if insisting on the witness producing documents by which he can gain information to cross examine her, longer time before the scheduled deposition. (30 days).
Whether team FD knew or didn’t know she was going to be called as a witness by deposition, doesn’t factor into his objection to two day notice. It’s timing starts to run from the date of court filing. Rules are Rules. Gotta practice law by the Rules.

 

[Midwestmom2019]

Jennifer Dulos disappearance: Troconis deposition in civil suit to be made public

HARTFORD — Michelle Troconis’ deposition in civil lawsuits against Fotis Dulos will be made public, despite efforts to keep it private by attorneys on both sides.

Judge Cesar Noble has denied motions made by attorneys Richard Weinstein, who represents Jennifer Dulos’ mother Gloria Farber in the lawsuits, and Andrew Bowman, who represents Troconis.

Noble ruled that the deposition transcript, along with the attorneys’ motions were considered “judicial documents” and could not be sealed without cause.

That presumption, Noble wrote, can only be overridden by “substantial privacy interests” or in situations where access is sought for “improper purposes.”
Weinstein accused Troconis of making “a mockery” of the deposition and filed a motion to compel her to answer the questions. Bowman is seeking to avoid having his client provide answers during a deposition on her former boyfriend’s finances because he fears it could incriminate her in the criminal proceedings.


No ruling has been made whether Troconis is required to answer the questions.

Bowman wants the transcript sealed bc it looks like MT is hiding behind her 5th Amendment rights = guilt.
I’m not sure this MSM article is correct that Weinstein wants the transcript sealed as well.
As to the Motion to Compel Answers, (by MT to deposition questions,) Bowman may want it sealed bc the Motion tracks the questions Weinstein wanted answered. I’m sure all of Weinstein’s depo questions are reasonable and relate directly to discoverable information to assist the case resolution. The public would see what she’s trying to hide.
If Weinstein wants both transcript non- responses and his motion sealed, I’d have to give it more thought.

 

[sds71]

Bowman wants the transcript sealed bc it looks like MT is hiding behind her 5th Amendment rights = guilt.
I’m not sure this MSM article is correct that Weinstein wants the transcript sealed as well.
As to the Motion to Compel Answers, (by MT to deposition questions,) Bowman may want it sealed bc the Motion tracks the questions Weinstein wanted answered. I’m sure all of Weinstein’s depo questions are reasonable and relate directly to discoverable information to assist the case resolution. The public would see what she’s trying to hide.
If Weinstein wants both transcript non- responses and his motion sealed, I’d have to give it more thought.

i think Weinstein wanted it sealed while the Judge looked over questions
http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=17824533

 

[Midwestmom2019]

Wills will end up in Probate Court for the town, after death, along with filing of death certificate, which one has not been issued. But the trust document itself would be held by the attorney, trustee, and the family.

More likely, any wills are filed in the county probate court clerk’s records, not city records. I don’t think municipal governments have jurisdiction over probate records. Maybe CT different. But I don’t think so.

 

[Midwestmom2019]

i think Weinstein wanted it sealed while the Judge looked over questions
http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=17824533

An over abundance of caution
to not jeopardize MT criminal rights. That’s why GF retained him. In either words, Team Farber doesn’t want to screw up the criminal case. Let the judge decide to protect Team Farber and the inquiries by making everything public. Nothing here that important. Looks like Judge will compel answers.
So now the ball is back with Bowman to protect MT. Giving Bowman extra tine to figure out how to protect MT from criminal charges while Farber case moves along.
Hmm. Judges are so clever.

 

[kimch33kim]

Both of them filed it to be sealed. In fact Weinstein filed it 9/26 before Bowman 10/10....

 

[SkylarSid]

Wills will end up in Probate Court for the town, after death, along with filing of death certificate, which one has not been issued. But the trust document itself would be held by the attorney, trustee, and the family.

Thanks for the clarification!

 

[kimch33kim]

More likely, any wills are filed in the county probate court clerk’s records, not city records. I don’t think municipal governments have jurisdiction over probate records. Maybe CT different. But I don’t think so.

HF lived and passed away in NYC. That’s why in deposition Weinstein asked if FD made her go to NYC probate court.

 

[CTGrammy]

If anyone has any ideas on why Atty Weinstein is proposing the deletion of the $2.3 million loan associated with 4Jx I'd be interested in hearing it. This proposed 3rd Amended complaint retains the $500,000 loan from FD FIL but deletes the $2.3 million associated with 4Jx where the Farbers put up collateral. I have to go back and check the other documents as I think this $2.3 million might be captured in the foreclosure action but I'm not absolutely sure. Ideas? MOO

It is included in the Foreclosure.

They cannot file for the same money twice.

IMO.

 

[Chicago54]

It is included in the Foreclosure.

They cannot file for the same money twice.

IMO.

And didn’t GF initially file for $500,000 and then add an amount after additional monies were discovered? For some reason I am thinking that was a point of discussion. Perhaps they are also trying to simplify the case to make a Dec start more realistic? Especially since, as you point out, the money is covered in the bankruptcy.....they decided to go after it there.

 

[sds71]

Michelle Troconis was asked over 170 questions during a deposition in September. She answered one - what's your name. Her attorney told her to plead the 5th because he doesn't want her to answer any questions about her relationship with Fotis Dulos
In a motion filed late Wednesday, Bowman elaborated on why he told Troconis to invoke her Fifth Amendment right to every question. He said that in effect Weinstein was acting as a prosecutor asking questions that will be asked of her in the criminal case.

“Every factor including the duration, nature, scope and depth of the deponent’s knowledge of Fotis Dulos could be used against her or could lead to other evidence that might be so used by law enforcement in their pending hindering and tampering prosecutions and continuing investigation," Bwoman said.

“In light of the Hindering charge and the possibility of a conspiracy charge or worse in the future, any defendant subject to such charges and ongoing investigation would have an absolute Fifth Amendment right to deny even knowing the person she is alleged to have assisted or conspired with.”

Earlier this week Weinstein filed a motion asking a judge to compel Troconis to answer some of the questions. Even though the deposition is supposed to be sealed he attached the 39-page document to that motion as an exhibit.

Michelle Troconis’ lawyer fears homicide charge may be coming in disappearance or death of missing mother Jennifer Farber Dulos

 

[BellaVita]

HF lived and passed away in NYC. That’s why in deposition Weinstein asked if FD made her go to NYC probate court.

Yes, she went to NY/NYC, can't remember how it was specified in the transcript. But the records would have been in a County Surrogate Court. Manhattan County, Westchester County, etc.

 

[kimch33kim]

Michelle Troconis was asked over 170 questions during a deposition in September. She answered one - what's your name. Her attorney told her to plead the 5th because he doesn't want her to answer any questions about her relationship with Fotis Dulos
In a motion filed late Wednesday, Bowman elaborated on why he told Troconis to invoke her Fifth Amendment right to every question. He said that in effect Weinstein was acting as a prosecutor asking questions that will be asked of her in the criminal case.

“Every factor including the duration, nature, scope and depth of the deponent’s knowledge of Fotis Dulos could be used against her or could lead to other evidence that might be so used by law enforcement in their pending hindering and tampering prosecutions and continuing investigation," Bwoman said.

“In light of the Hindering charge and the possibility of a conspiracy charge or worse in the future, any defendant subject to such charges and ongoing investigation would have an absolute Fifth Amendment right to deny even knowing the person she is alleged to have assisted or conspired with.”

Earlier this week Weinstein filed a motion asking a judge to compel Troconis to answer some of the questions. Even though the deposition is supposed to be sealed he attached the 39-page document to that motion as an exhibit.

Michelle Troconis’ lawyer fears homicide charge may be coming in disappearance or death of missing mother Jennifer Farber Dulos

Not surprising for someone who cannot even obtain a simple Real Estate License. She can only answer what her name is and where she lives. MOO

 

[sds71]

Not surprising for someone who cannot even obtain a simple Real Estate License. She can only answer what her name is and where she lives. MOO

And she got the name of the hotel wrong

 

[CTGrammy]

And didn’t GF initially file for $500,000 and then add an amount after additional monies were discovered? For some reason I am thinking that was a point of discussion. Perhaps they are also trying to simplify the case to make a Dec start more realistic? Especially since, as you point out, the money is covered in the bankruptcy.....they decided to go after it there.

As far as I know, there is not a bankruptcy at this point.

However, we have two separate aspects here.

1. 4JC is a Foreclosure on the Mortgage that HF and Dr. GF provided a Cash Surety financial backing guarantee if the loan to Mellon Financial was defaulted by FD and JF on their residence.

This surety would automatically seek payment by Dr. GF when FD defaulted in the fall of 2018 so Dr. GF paid the mortgage for months until She Bought the Mortgage outright.

PHENOMENAL MOVE by Dr. GF, IN MY ECSTATIC OPINION.

Dr. GF Has now filed Foreclosure on 4 JC.

2. The $500,000 civil suit is in regard to the Loans that HF supplied FD with for building homes to Sell.

After Dr. GF filed for the 500,000 for unpaid loans, she and the trustee of HF’s Estate, found that it was actually a lot more. Weinstein tried to up the Pre Judgement amount for putting the correct amount on hold so to speak and the Judge refused. This does not prevent Dr. GF from pursuing the Full amount Owed, it just means that only $500,000 will be held until the completion of the trial. In the meantime, Dr. GF holds a Lean against Sturbridge along with half of CT.

IMO.

 

[Alathea]

251.00 11/14/2019 O MEMORANDUM IN OPPOSITION TO MOTION

Deponent's Memorandum in Opposition to Plaintiff's Motion to Compel Deposition
252.00 11/14/2019 O AFFIDAVIT

Affidavit of Andrew B. Bowman in Opposition to Plaintiff's Motion

"Ms. Troconis is in the very difficult position of not only being charged with certain serious crimes but also runs a risk that she could be charged with additional crimes as a result of law enforcement's continuing investigation."

Isn't that the risk all criminals take when they decide to commit crimes?

 

[Chicago54]

As far as I know, there is not a bankruptcy at this point.

However, we have two separate aspects here.

1. 4JC is a Foreclosure on the Mortgage that HF and Dr. GF provided a Cash Surety financial backing guarantee if the loan to Mellon Financial was defaulted by FD and JF on their residence.

This surety would automatically seek payment by Dr. GF when FD defaulted in the fall of 2018 so Dr. GF paid the mortgage for months until She Bought the Mortgage outright.

PHENOMENAL MOVE by Dr. GF, IN MY ECSTATIC OPINION.

Dr. GF Has now filed Foreclosure on 4 JC.

2. The $500,000 civil suit is in regard to the Loans that HF supplied FD with for building homes to Sell.

After Dr. GF filed for the 500,000 for unpaid loans, she and the trustee of HF’s Estate, found that it was actually a lot more. Weinstein tried to up the Pre Judgement amount for putting the correct amount on hold so to speak and the Judge refused. This does not prevent Dr. GF from pursuing the Full amount Owed, it just means that only $500,000 will be held until the completion of the trial. In the meantime, Dr. GF holds a Lean against Sturbridge along with half of CT.

IMO.

Thank you for this nice clear concise explanation! And yes, I meant foreclosure! Where is my head? I knew I remembered the civil suit was initially $500,000.
I’m crossing my fingers for the Dec start.

 

[sleuth66]

251.00 11/14/2019 O MEMORANDUM IN OPPOSITION TO MOTION

Deponent's Memorandum in Opposition to Plaintiff's Motion to Compel Deposition
252.00 11/14/2019 O AFFIDAVIT

Affidavit of Andrew B. Bowman in Opposition to Plaintiff's Motion

Awesome typo on page 12- AB calls 4JC “Fort Jefferson” when discussing the 2nd mortgage.

 

[sds71]

Awesome typo on page 12- AB calls 4JC “Fort Jefferson” when discussing the 2nd mortgage.

He’s thinking of the prison in Florida

 

[afitzy]

The issue though is that trial date is set for 12/3. I agree that rules are rules and so in line with that I simply don't see the 12/3 date happening absent some miracle at this point unfortunately.
MOO