STAMFORD — Michelle Troconis described waking up and showering with her former boyfriend Fotis Dulos and later having lunch with him the day Jennifer Dulos vanished in one of the notes police have dubbed as their “alibi scripts.”

But Troconis’ attorney is now questioning the accuracy of this evidence in his bid to get his client’s electronic monitoring removed.

Defense attorney Jon Schoenhorn has entered several pieces of evidence, including the note, videos and DNA documents into the court record ahead of his client’s hearing on the conditions of her release on bond scheduled for Friday in state Superior Court in Stamford.

Schoenhorn contends that judges, and even Chief State’s Attorney Richard J. Colangelo Jr., have required Troconis to be on electronic monitoring based on what he claims are false assertions made by state police investigators in warrants and in conversations with his client.

According to Schoenhorn, Troconis was instructed by her former lawyer, Andrew Bowman, to write the note, which lists everything she claims to have done the day Jennifer Dulos disappeared.

However, Bowman said any suggestion he was involved with Troconis creating “alibi scripts” is untrue. Bowman said in Troconis’ first arrest affidavit investigators determined the creation of the timeline was suggested by a family attorney working for Fotis Dulos. Bowman said the notes were created before he met Troconis.

Fotis Dulos faced murder, kidnapping and other charges in the case when he died Jan. 30 from an apparent suicide. Troconis has been charged with conspiracy to commit murder, tampering with evidence and hindering prosecution.

Kent Mawhinney, a friend and former attorney for Fotis Dulos, is also charged with conspiracy to commit murder in the case.

While Mawhinney remains held on $2 million bond, Troconis has been free on $2.1 million bond, but is required to wear an electronic monitoring device.

Since replacing Bowman as Troconis’ attorney in February, Schoenhorn has filed a series of motions, many of them related to having the electronic monitoring device removed.

His motions have remained pending as most court proceedings have been halted due to the COVID-19 pandemic. Schoenhorn filed an appeal with the state Appellate Court, which ordered a hearing for Friday.

Schoenhorn plans to cast doubt on the state’s case and the need for 24-hour monitoring by pointing out what he believes are inaccuracies in court documents and in conversations that were recorded for his client’s case.

“Ms. Troconis prepared a one-page timeline to account for her whereabouts during the day on May 24, 2019, at the behest of her attorney,” Schoenhorn said.

The note and a timeline drafted by Fotis Dulos were dubbed “alibi scripts” by investigators, which Schoenhorn said was an inaccurate and derogatory description.

The paper, which says she showered with Fotis Dulos sometime after 6:40 a.m., contradicts video police obtained showing a red Toyota Tacoma pickup truck police believe Fotis Dulos was driving at that time to New Canaan, according to arrest warrants.

The note also contradicts Troconis’ later admission to police that she never saw her former boyfriend the morning Jennifer Dulos disappeared and didn’t have lunch with him at noon as the missive states.

Schoenhorn also contends that video police obtained in Hartford does not show his client participating in discarding trash bags along Albany Avenue the night of the disappearance.

The videos, which Schoenhorn obtained through the discovery process, show a black truck driven by a man police say was Fotis Dulos stop at least three times on Albany Avenue, the attorney said.

Some of the footage shows the man getting out of the truck to place garbage bags in trash bins along the busy Hartford street. One video shows Troconis leaning out to wipe her hand on the ground, Schoenhorn said, but he pointed out she never left the vehicle and did not participate in discarding the bags.

After the videos were discovered a week after Jennifer Dulos vanished, police searched Albany Avenue and found trash bags containing the New Canaan mother’s blood and clothing, according to arrest warrants.

One video shows Fotis Dulos taking a piece of carpet from the back of his truck and placing it near a restaurant, Schoenhorn said. Police believe the carpet may have come from Jennifer Dulos’ Chevy Suburban, which was found abandoned near Waveny Park in New Canaan the night she disappeared.

The carpet, however, has never been recovered.

Schoenhorn also said in the documents filed Monday that police were inaccurate when they stated his client had smelled a rag that Fotis Dulos was using to clean the pickup truck.

In arrest warrants, police said Troconis told investigators that the rag used by Fotis Dulos to clean a stain in the truck, “didn’t smell like coffee.” Police said they believe the stain was Jennifer Dulos’ blood, which was later found in the truck when investigators seized it, arrest warrants state.

But Schoenhorn said Troconis told police she never smelled the rag and did so by motioning with her hands.

“I hold the paper towel, but I didn’t smell it,” Troconis can be seen telling police in the video, Schoenhorn said.

Schoenhorn is also questioning DNA results found on the garbage bags that police initially said were from his client. The DNA results, however, were determined to be either inconclusive or that Troconis couldn’t be ruled out as a possible contributor, Schoenhorn said.

Schoenhorn contends that since some of the evidence used to determine that Troconis should be placed on electronic monitoring was “false” or “incorrect,” the device should be removed.

“The only reason the court ever gave for setting conditions of release was on June 3, 2019 when it stated it was based on ‘the seriousness of the allegations in the warrant,’” Schoenhorn said.

Schoenhorn said the electronic monitoring “constitutes punishment imposed without cause and without due process.”

“It has gone on illegally for nearly eight months,” Schoenhorn said.

Connecticut Media Group