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Showing posts with label JENNIFER DULOS. Show all posts
Showing posts with label JENNIFER DULOS. Show all posts

Monday, November 18, 2024

MICHELLE TROCONIS AND THE REID TECHNIQUE!

I have just been looking at the March 6, 2024 Taylor Hartz Hartford Courant article entitled, "Attorneys agree:  Michelle Troconis 'had everything to lose' in interviews with CT Investigators".  According to the article, Troconis underwent three interviews, "The first one at the New Canaan Police Department on June 2, 2019, the second at [her Attorney Andrew] Bowman's office on June 6, 2019, and the third in Bridgeport on August 13, 2019.  These three interviews played a major role in her conviction for conspiracy to commit murder, two counts of tampering with evidence, two counts of conspiring to tamper with evidence, and second-degree hindering the prosecution, for which she received a sentence of 14 1/2 years. 

According to Michelle Troconis' second attorney, Jon Schoenhorn, the entire case against Troconis was 90% based upon these interviews. This is why I find it so remarkable that Michelle Troconis' first attorney, Andrew Bowman, a highly regarded professional with years of experience, would even begin to allow them.  According to Hartz, Linda Urso, the attorney for Dulos' former project manager, Pavel Gumienny, stated she would never allow such an interview without an immunity deal on the table. From what I gather, Michelle Troconis appears to have thought she had an informal immunity deal on the table, but that is entirely meaningless as we all know, and any attorney would know that. Hartz again reports that Attorney Schoenhorn commented, "I have no insight as to why any lawyer without either an immunity agreement or a proffer agreement would walk their client into a police interrogation without knowing very much about the offense."  

For those of us who have gone through the family court system, we probably have some very similar questions.  I personally had one of the top family court attorneys at the beginning of my divorce and he literally destroyed my case within the first five months.  This is where you start to wonder whether there is some conspiracy going on or some kinds of back room dealings.  I know it sounds paranoid, but seriously, what else are you going to speculate when a distinguished attorney, i.e. Attorney Andrew Bowman, with years of experience acts like a rooky.  Actually, even less than a rooky because any one of us who have watched "Law and Order" know better than to cooperate in a police interview without some kind of deal or a defense attorney who actually provides a defense.  I actually tend to see Michelle Troconis' complete naivete on that point, or alternatively what you might call a total lack of street smarts, as an indication that maybe she was innocent. 

I'm just looking at my notes regarding these interviews.  For the better part, from what I see, during these interviews, Michelle was not provided with an interpreter. This is a major issue given that cognitive processing and access to memory can be impacted by the language a person uses. Again, the fact that Attorney Bowman did not request an interpreter, which any person on the street would know should have been done, raises significant questions about what the heck Attorney Bowman thought he was doing. 

The first interview was conducted under really horrendous circumstances.  Apparently, she was arrested in the middle of the night at the hotel room she was staying in with her mother and daughter. Upon arriving at the police department in New Canaan, she was asked to undress to be photographed, and then peppered with questions from three to five detectives who sometimes lied about the facts of the case. Taylor Hartz of the Hartford Courant reports that detectives stated they had "found hard evidence of a murder" even though they actually didn't.  They also stated they found a pillow in one of the bags Fotis Dulos tossed out along Albany Avenue with Farber Dulos' blood on it.  In fact, they didn't have any such thing.  

Prosecutors have talked about how there were many contradictions and inconsistencies in Michelle Troconis's interviews with detectives. On the other hand, given how many threats and lies the detectives attacked Michelle with, is that so surprising?  According to Attorney Mark Sherman, a criminal defense attorney in Stanford, "Police can say whatever they want and there are no consequences."  Taylor Hartz of the Hartford Courant reports further, "Police are allowed to lie to suspects during interrogations to gather evidence..." I can imagine that if you have any mental health disability or physical problem such as a lack of sleep or are under a great deal of stress, with people aggressively attacking you verbally, lying to you and tripping you up verbally, you could end up saying all sorts of off the wall remarks.  

(As an aside, it is worth noting the point Taylor Hartz further makes that lying to anyone under 18 was made illegal in 2023. Slowly, but surely, people are waking up to the fact that these tactics are simply no good.)  

So when these investigators were lying and misrepresenting facts to Michelle Troconis, what were they doing? They were implementing The Reid Technique, a method of interrogation developed by John E. Reid in the 1950s and currently used as a standard in police departments around the country. (Yes, I know, a 74 year old technique). 

This technique is notorious for the fact that 29% of wrongful convictions were the result of false confessions elicited by The Reid Technique. In fact, what is interesting about The Reid Technique is that the first time the technique was used, it elicited a false confession.  In 1955, in Lincoln, Nebraska, John Reid was able to get a suspect, Darrel Parker, to confess to killing his wife.  Even though he recanted his confession the next day he was convicted and sentenced to life in prison.  However, later on, another man confessed to the crime.  Parker sued the state and received $500,000 in compensation.  

Despite this miserable failure at the start in the use of this technique, Reid continued on to write a book on his approach which was published in 1962 entitled "Criminal Interrogations and Confessions".  Miranda warnings, made the law in 1966, were actually instituted in order to respond to the abuses of the Reid Technique.  

Substantial parts of the Reid Technique have been called into question. For instance, the implication that a police officer can determine guilt or innocence from body movements like fidgeting has been debunked.  Further, studies done on the application of the Reid Technique indicate that police are no better than anyone else at determining whether a person is lying or not.  In connection to what Michelle Troconis experienced during her interrogations it is worth noting the following reported by CBC News in January 28, 2003, "Abuses of interrogation methods [i.e. Reid Technique] include officers treating accused suspects aggressively and telling them lies about the amount of evidence proving their guilt.  Such exaggerated claims of evidence, such as video or genetics, have the potential, when combined with such coercive tactics as threats of harm or promises of leniency, to cause innocent suspects to become psychologically overwhelmed."  

Given Michelle Troconis was being threatened over access to her daughter, she was being told she was the most hated woman in America, she was being lied to and grilled under conditions that compromised her mental capacity to cope, then the fact that her responses were inconsistent would make perfect sense. So why didn't her attorney, Jon Schoenhorn put The Reid Technique itself on trial?  Other civilized Western nations have stopped using it.  Why are we still using it here in Connecticut when it has been so discredited and there are many other more effective approaches?  Is there a sort of joy in bullying and railroading people we don't like into jail regardless of whether they are guilty or innocent?

After Michelle Troconis' conviction, in an article published in the Hartford Courant on July 5, 2024 Taylor Hartz quotes Detective John Kimball, one of the lead interrogators in Michelle's case as saying, "I am sure with 100% certainty that she has additional information that could help us determine what happened to Jennifer and where she is located."  At the same time, during her trial, Kimball admitted to "using ruse style tactics" against Michelle. Given the history of The Reid Technique, I think it is laughable for him to speak with such confidence.  100 percent.  Really?  Detective Kimball said that the ultimate goal with Michelle Troconis was to get at the truth.  Yet he relied upon a flawed, old fashioned technique with a long history of error when it comes to ascertaining the truth.  If he actually cared about the truth, why did he use it?

I can't say that I think much of Michelle Troconis.  How foolish could she be to think that she Jennifer and the kids were all going to be one big happy family in Farmington.  But did she conspire to commit murder, tamper with evidence, and hinder the prosecution?  I'm not sure.  The fact is that she was no where near the crime when it occurred.  Pavel Gumienny, on the other hand, was in the local area where the crime took place. Unfortunately, the electronic data in the vehicle he drove seems to have had some glitch so it wasn't possible to track his movements.  Law enforcement said at the time that there is no way to tamper with that data.  However, I've looked it up in google and, in fact, you can tamper with it according to the articles I read. 

So what am I saying?  I don't know.  It is ironic that a mother gets killed in a domestic violence incident and none of the men charged in the case have yet been brought to trial and convicted, but we have the woman, by gosh!

Thursday, October 17, 2024

DIAGNOSING JENNIFER DULOS!

What does justice for Jennifer mean?  Historically, if we could rewind the clock, I think it would mean handling the Dulos divorce more equitably and not allowing it to become money driven. It would certainly mean providing Jennifer with more legal protections. In the present, I believe it means preserving Jennifer Dulos character and reputation.  This has not been done, and to the extent that it has not been done, the murderer wins.

From the start of the Dulos divorce case, Fotis Dulos tried to smear Jennifer Farber-Dulos reputation by calling her crazy.  In a "Hartford Courant" article of May 30, 2019, less than a week after her death, reporters stated, "Dulos made serious allegations against his wife saying she was an unfit mother because she was taking medications and had been treated for mental illness and had a relative that committed suicide."  Fotis Dulos made this statement because he felt it would give him traction in Family Court where accusations of mental illness, in violation of ADA law, can still be fatal to a mother's attempt to retain custody of her children. Also, having relatives with mental illness, remarkably, can reduce your chances of getting custody.  It is as if mental illness of any kind is a form of modern day leprosy. 

Under the ADA signed by President Bush in 1990, discrimination against people based upon disability is prohibited by law.  Yet discrimination is alive and well in the family courts of Connecticut at the present time.  If we were to talk about justice for Jennifer, to give her justice posthumously, it would be to absolutely prohibit statements in Court such as the one Dulos made equating having a mental illness or anyone in the family with a mental illness to being an unfit mother.  How disgraceful that the Court allowed it then.  How disgraceful that they continue to allow it now.

The other thing I would like to point out is that Judge Nelson-Heller sealed the Dulos custody report and Dr. Stephen Herman's testimony in regard to that report.  This was followed by the effort on the part of Michelle Troconis defense team to unseal the report, an effort which failed miserably.  Still determined to get information out there, on February 15, 2024 during her criminal trial, Michelle Troconis posted the sealed custody report on her computer screen for all to see. That day, the Farber family spokesperson, Carrie Luft, noticed the custody report on Michelle's computer screen and reported her. This led to Michelle being charged with contempt.  On March 6, 2024, journalist Taylor Hartz reported this incident in The Hartford Courant as follows:  "Apparently, the page Michelle was looking at included part of the psychological report of Jennifer Dulos.  It referenced the name of a particular doctor and the words Borderline Personality Disorder." This information, including the diagnosis of Borderline Personality Disorder for Jennifer Dulos, was placed on the warrant for Michelle Troconis' arrest for contempt of court.  

Subsequently, the report that Jennifer Dulos had been diagnosed with Borderline Personality Disorder was stated repeatedly in other Hartford Courant articles. Why? I thought the content of the custody report was sealed.  It was entirely possible for Carrie Luft to report on the incident without mentioning the diagnosis which was part of Jennifer Dulos' private medical information.  The same goes for the arrest warrant and the later Hartford Courant reports.  By disclosing the diagnosis, Carrie Luft, the warrant, the newspaper were all acting in contempt of the Court order sealing the contents of the custody report, just the same as Michelle was.  They should all be charged.

Why do I care about that?  Applying this diagnosis to Jennifer Dulos is simply defamatory.  Find me a mother whom Family Court has demonized, and she will be diagnosed with Borderline Personality Disorder.  BPD is the diagnosis given to any troublesome woman who dares to stand up for herself.  Its sexist political history and implications are extensive and decades long. Meanwhile, Fotis Dulos, the killer, supposedly had no psychopathology.  It certainly makes you wonder how psychiatry is weaponized and distorted within the family court system.  Only in family court could a killer walk around diagnosis free while his victim is labeled with a damning one.

Ultimately, l consider the BPD diagnosis for Jennifer to be completely bogus.  Across the board, friends of Jennifer have talked about what a great person she was. This is completely contrary to a diagnosis of borderline personality disorder.  Here is one person's description of Jennifer, "She was lovely, kind, and shy and a little funny and very private and very quiet."  And another, "She was a person who had many friends and worked well with teachers and administrators at the school where her kids got their education."  Suffice it to say, a person with a Borderline Personality Disorder is not capable of such positive social interactions with others. Again, another friend said, "her insatiable curiosity about the world, the delightful way she could find the humor in anything and laugh at the absurdity of everyday life, and the fierce way she protected those she loved was typical of Jennifer." Finally, her Mom, Gloria Farber, said "My daughter left behind a legacy of love for her children.  Her patience, empathy, discipline and loyalty stay with them."  

Justice for Jennifer would have meant not allowing that false diagnosis to make it into public view. It is patently false from the perspective of everyone who knew her. I am asking how it did become public, given that it is information from a sealed custody report. I'm also asking how Jennifer was labeled with a complete inaccurate diagnosis.  Was there in fact a custody switching scheme in the works to label Jennifer crazy and put all the children in Fotis Dulos sole custody and keep Jennifer paying forever to get them back.  Did her murder interrupt that scheme? 

Every once in a while, I drive back and forth over Avon Mountain and I see the shrine for Jennifer Dulos.  It is a very touching demonstration of love and caring for the memory of Jennifer Dulos.  But it isn't enough.  If we want Justice for Jennifer and for others just like Jennifer, we have to go further.  

We have to hold the Judicial System accountable for their mistakes and we need to demand that the same things that happened to Jennifer don't happen to the next person. Whoever is responsible for disseminating the information regarding Jennifer's purported diagnosis should be censored and it should be removed from the public record. That's what Justice for Jennifer actually means.

Tuesday, September 10, 2024

MICHELLE TROCONIS: WHY RISK A CONTEMPT OF COURT?

On February 15, 2024, on the 22nd day of her criminal trial, Michelle Troconis sat before her computer scrutinizing the Dulos Custody report in large font, a report which was sealed by court order. Eagle eyed in the gallery, long time Jennifer Dulos friend and the Farber Family spokesperson, Carrie Luft spotted the report and notified a Court Marshal.  Michelle's Mom, Marisela Arreaza, noticed the activity and quickly tapped Michelle on the shoulder to get her to shut down the screen.  But the damage had already been done.  By the end of the day, the Court had taken steps to have Michelle Troconis charged with Contempt of Court, a class B felony which could lead to a fine and up to six months in jail if convicted. 

From the beginning of the Dulos case, the custody report has been the center of ongoing controversy. What is it all about? One aspect of this is that the custody report was used to exonerate Fotis Dulos of his wife's murder. Specifically, Fotis Dulos and his supporters stated the he would have no motivation to murder his ex-wife, Jennifer Farber-Dulos, because the custody report indicated that the case was heading in his favor.  The report was presented to the Court on May 14, 2019 within days of Jennifer Dulos' death.  Prepared by Dr. Stephen Herman, it apparently cast Fotis Dulos in a very positive light. As an aside, Dr. Herman is known widely because he opposed the Yale Study done in the Woody Allen case which stated that Dylan wasn't abused.  

The Dulos custody report, I would suspect, was a substantive report because it goes up to a page 50, which was the page Michelle Troconis was reading when Carrie Luft reported her.  I point this out because I've seen custody reports that were only three pages long.  My question is, why would Michelle have put herself at risk of additional prosecution just so she could wave this custody report around?  What in the world did she expect to accomplish?  Is she trying to tell us that the custody report showed Jennifer was such a bad person she deserved to die?  Was she trying to tell us that actually, despite all evidence to the contrary, Jennifer pulled a "Gone Girl" and the sealed custody report would explain why?  Is she trying to comment on the corruption of the Court system for not allowing her to present the custody report which she considered relevant evidence?  What?  

In order to get as close to an answer as possible, I returned to the early articles which report on Michelle Troconis' attempts to unseal the custody report and transcripts of the May 14, 2019 Court hearings when Dr. Stephen Herman provided testimony regarding his report. 

And before I proceed, let me say that I sympathize with Michelle when it comes to her frustration.  I've been in numerous hearings in my own family court case where I had significant evidence which I couldn't present because of the rules of evidence or simply the Court's refusal to be bothered to look at it.  There is nothing more irritating than that experience, where you feel you have information that would exonerate you, but your can't present it.  I have often felt that there is a pyramid of evidence, and that judges only get to see a small amount of it.  Many times, because of statutes regulating how information is presented to the Court, judges are forced to make decisions based upon a very limited body of information.  This explains decisions that often don't make sense to the general public.  For instance, when they come to light because of a tragic circumstance such as the Dulos case.  Of course, I can only speculate Michelle felt this way. I've never spoken to her.  

Be that as it may, prior to Michelle's trial, on July 10, 2022 Edmund H. Mahoney, a journalist with The Hartford Courant, reported that Michelle's attorney, Jon Schoenhorn filed a motion stating that he wanted "a transcript of the custody hearing to look for anything that could help Troconis by revealing what may have precipitated Jennifer Dulos' disappearance."  This language directly echoed the kind of language Fotis Dulos and his attorney, Norm Pattis, were using when they were in the middle of their speculations that Jennifer had pulled a "Gone Girl."  If you look at The Hartford Courant article cowritten by Dave Altimari and Nicholas Rondinone and published on July 17, 2019, Attorney Norm Pattis wrote in a motion he submitted to Court that he wanted access to "the diagnosis and treatment Ms. Dulos received in the weeks before her disappearance as such information may shed light on what may have motivated her to disappear."  

This overlapping language leads me to believe that, even now, despite the evidence, a part of Michelle Troconis still believes that Fotis Dulos is innocent and that Jennifer did a "Gone Girl" or she wishes to argue that.  I guess love is blind, huh! I conclude this because of Michelle's laser focus on the custody report and the transcript of the court hearing on it, when neither had any significant relevance to the proceedings in her criminal trial. I think it is quite clear that Jennifer Dulos is dead, simply from the items Fotis Dulos threw out during his cruise down Albany Avenue in Hartford on the evening of the murder.

So what's up with posting this custody report and incurring a criminal charge for doing so?  At the very least, Michelle could have been saying Jennifer was such a bad person she deserved to die. However, it's amazing, but bad character or behavior still is not solid grounds for killing someone. I guess in our day and age with Trump I actually feel the need to say that. So if Michelle thought that was important to point out, she was sorely mistaken.

On the other hand, Michelle could have actually been hinting that Jennifer committed a "Gone Girl". Still, the forensic evidence says otherwise and why won't Michelle believe that evidence?  The answer to that question lies perhaps in another incident where Michelle posted an article on her computer for all to see about how the State's former top medical examiner, Dr. Henry Lee, falsified forensic evidence, thus leading to the conviction of innocent people.  This incident occurred while the Court was hearing testimony about the forensic evidence in Michelle's criminal trial. This leads me to believe that Michelle simply doesn't believe Jennifer is dead even to the point where she thinks the forensic evidence is fabricated, or she wants to argue that. 

This would explain why Michelle Troconis pled the fifth and refused to cooperate one single iota when she was asked to provide testimony in Fotis' civil trial held in November 2019 regarding the millions of dollars he allegedly owed the Hilliard Farber estate.  At every turn, Michelle's acknowledgement of Fotis Dulos' guilt has been weak and unconvincing.  I can see it must have been difficult for Michelle to process the fact that the man she passionately loved was also a murderer.  Of course, that assessment depends upon what she did or did not know. I can't know that for certain. 

Still, there is no doubt that Fotis Dulos was a very charming man who had a way with the ladies.  As soon as Fotis realized that Michelle Troconis was no longer useful to him, he dropped her for a gullible Anne Curry. Then, even as the police closed in and the evidence mounted that Fotis Dulos was clearly guilty, he was able to talk Ms. Curry into lending him $147,000 for bail.  As far as I know, as of March 28, 2024, she was continuing to fight to get her money back.  What a sucker in a series of suckers Fotis Dulos found it easy to cultivate.

Of course, Michelle Traconis has been convicted in a court of law of conspiracy to commit murder, so perhaps her focus on the custody report is just an attempt to distract us from the true facts of the case pointing towards her guilt.  Otherwise, there are so many mysteries in the Dulos case--perhaps this is one of them.  

Thursday, July 11, 2024

THE DISPUTE: RESPONSE TO THE DEATH OF JENNIFER DULOS

 

THE DISPUTE 

                                                I

He lay in wait

Entangled in a lengthy hostile divorce and custody battle

Entangled in a contentious divorce and custody battle

A bitter divorce and custody battle

In the midst of a heated divorce and custody battle

Embroiled in a heated divorce and custody dispute

Embroiled in a bitter custody dispute

 

He lay in wait.

Through an ongoing custody fight and divorce

A continued strategy of complete and total war

Two years of torture

A  Back and forth Hellish conflict

A divorce and custody battle

Contentious, protracted

Hotly and continuously contested

 

                                                II

 

One morning, she disappeared after dropping

her kids off at school, leaving behind

spatter, stains, smears, blood-like

on the garage floor, paper towels, trash can, steering wheel, trunk

In darkness, luminol blazed forth a nightmare

She likely sustained an injury or multiple injuries

that experts would consider unsurvivable

They put him in an empty cold room

full of spotlights

naked with a metal bed rack

and a Velcro blanket.

 

It was a bitter breakup

Lengthy and expensive, with no end in sight

GAL fees at approximately $180 thousand, and more to come

Attorneys’ fees: $90K father; $1,650,000 mother and more to come

Custody evaluation: $20 thousand approximately, and more to come

A bloody shirt and bra, fingerprints, DNA

all dumped in a conveniently “creepy” neighborhood

Then a 43 page arrest warrant

“I didn’t do it.” says his mistress,“He did it!”

He is dead.  She’s in jail.

And the desire for justice reaches beyond the grave to seize the living

How do you respond to the charges?  Not guilty.

No one, it seems, is guilty.

 

It was an intense divorce and custody battle

For he lay in wait

He lay in wait.

 

July 11, 2024

 

 

Tuesday, March 23, 2021

PUBLIC HEARING, MORE NEWS ON JENNIFERS' LAW

 

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Jennifers' Law


Dear friends,

We have a very BIG development to report from Jennifer's home state of Connecticut. A new law in Jennifer Magnano's name, (and that of Jennifer Dulos, who was murdered by her estranged husband in 2019) has been introduced by state senator Alex Kasser, (D-Greenwich) in the Connecticut General Assembly.
Jennifers' Law aims to expand the definition of domestic violence to include coercive control, the full range of tactics that abusers use to entrap and control their victims, beyond just physical abuse. Coercive control is a patterned behavior that includes nonphysical abuse such as emotional, verbal, financial and legal abuse as well as stalking, harassment, gaslighting, humiliation, cruelty and intimidation. Elements that are always present in domestic abuse. To date, California, Hawaii, Scotland, England and Wales have passed Coercive Control Laws. Australia, Colorado, Maryland and New York have introduced legislation this 2021 session. Jennifer's Law is supported by Mom's Demand and Connecticut Protective Moms
The public hearing on Jennifers' Law will take place this week, Wednesday, March 24, starting at 10am. You can watch it live on YouTube Live, or recorded on CT-N. Jennifers' Law is a monumental step towards making domestic violence law reflect the actual reality of what women and children experience at the hands of abusers, and the hope is that this new law will lead to earlier intervention - which we know saves lives. I will testify, as will our EP and world leading expert Laura Richards , attorney Michelle Cruz who did the original investigation into Jennifer's murder, and also Jennifer's children Jessica and David.
Our film Jennifer, 42 delves deep into this abuser behavior, as well as the catastrophic results when the courts fail to recognize the danger the victims are in. Laura Richards estimates that about 80% of domestic violence homicides happen in the first six months after leaving. Looking at Scott Magnano's coercively controlling behavior pre-separation, and his stalking behavior post-separation, and the lengths he would go to get Jennifer back within his control, is a powerful example of the close correlation between coercive control and homicide. 

Tune in on Wednesday, and if you want to support reform of domestic violence laws in the US, please sign this petition and learn more about this issue and our campaigns: https://www.change.org/p/domestic-violence-law-reform-coercive-control-usa

ABOUT THE FILM

Jennifer, 42 is an animated true crime documentary about an American family's epic battle to escape domestic violence. Director Elle Kamihira, Producer Katie Hyde, Animation Director Yulia Ruditskaya and Executive Producer Laura Richards.

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