Live updates: Troconis trial loses third juror, lead investigator in Dulos case ends testimony

Get the latest updates here from day 13 of the Michelle Troconis trial, as a Connecticut State Police sergeant returns to the stand to likely discuss the search of the Farmington home where Fotis Dulos and Troconis were living in the days after Jennifer Dulos disappeared in May 2019. Coverage of day 12 of the trial is below.

STAMFORD — The lead detective in the Jennifer Dulos case returned to the stand Monday for a third day in the Michelle Troconis trial.

Former Connecticut State Police Detective John Kimball testified on Thursday and Friday about the interviews he conducted with Troconis in June 2019. The defense will resume its cross-examination of Kimball, who is now a Westport police officer, on Day 12 of the trial Monday morning.

Troconis, 49, is facing conspiracy to commit murder, tampering with evidence and hindering prosecution in the May 2019 death and disappearance of the New Canaan mother of five. Troconis is accused of trying to create an alibi for her former boyfriend, Fotis Dulos, and helping him clean a pickup truck police believe was used in the crime.

Fotis Dulos died by suicide in January 2020 while facing murder and other charges in his estranged wife's death and disappearance. Kent Mawhinney, a former attorney for Fotis Dulos, has pleaded not guilty to conspiracy to commit murder and may testify against Troconis. Jennifer Dulos has never been found, but has been legally declared dead. 

Here's a look at what's happening on Day 12 on Monday in the Troconis trial at the Stamford courthouse:

What happens if the trial loses more jurors?

After a third juror was dismissed Monday in the Michelle Troconis trial, her attorney indicated during a break in the proceedings that the number of remaining jurors would only be an issue if it fell below six. 

But according to the state's judicial Practice Book, if Troconis, her attorney, prosecutors and the judge agree in writing, the number of jurors can fall below six after the submission of the case to the jury, but prior to the verdict. 

"The judicial authority shall not permit such an election or stipulation unless the defendant, after being advised by the judicial authority of his or her right to a trial by a full jury, personally waives such right either in writing or in open court on the record," according to the Practice Book, which delineates hundreds of procedures regarding civil and criminal proceedings in Connecticut. 

Court breaks after testimony from state trooper who obtained surveillance footage

Kimball left the witness stand just before 4:20 p.m. after a final round of questioning from Schoenhorn and McGuinness.

The state then called its final witness of the day, state police trooper Suzanna Sedenszki, a detective who works in the cybercrimes unit and downloaded surveillance footage from a home on Farmington's Mountain Spring Road after Jennifer Dulos' disappearance. The home in question is near another property that was owned by Fotis Dulos' real estate development company. 

Prosecutors did not play the footage in court Monday. 

State shows Starbucks surveillance footage

After the afternoon recess, McGuinness showed surveillance footage from the Starbucks Troconis and Fotis Dulos visited the evening of the disappearance. Schoenhorn had shown still photos from the footage in court during his cross-examination of Kimball.

The three clips, which had no sound, showed the couple entering the establishment, ordering and choosing items, then paying for them at a register before Troconis gave the sandwich to Fotis Dulos. During interviews, she told police the food was "horrible."

While standing near the register, Fotis Dulos paced back and forth, and at one point, put both of his hands on the counter and leaned over slightly before standing up straight again, crossing his arms and checking his cellphone. Another angle showed the two talking while waiting for their orders, with Troconis standing with her arms crossed and Fotis Dulos moving his arms in the air while speaking. 

Prosecutor: Why dig for someone who's alive?

McGuinness drew Kimball's attention to Troconis' offers to police to help find Jennifer Dulos, including helping them "dig holes." The prosecutor then asked what Troconis said when they asked her what she thought had happened.

"She stated that she thought Jennifer was hiding from her family, hopefully, and that she was still alive," Kimball said.

"So she's offering to dig holes even though she believes that Jennifer is still alive?" McGuinness said.

Kimball did not answer because McGuinness withdrew the question after Schoenhorn objected on three separate grounds.

Later, Schoenhorn revisited the issue, saying Troconis only made the suggestion after police themselves suggested to her that Fotis had killed and disposed of Jennifer.

Kimball: Troconis' question was 'unusual'

After Schoenhorn finished his cross-examination about 2:20 p.m., Assistant State's Attorney Sean McGuinness asked Kimball to recall during the first interview with Troconis, when Detective Corey Clabby told her that Fotis Dulos had killed his estranged wife and that authorities needed to find the missing mother.

Troconis asked whether police had looked at the house she and Fotis Dulos were living in at the time. The prosecutor asked Kimball whether he thought Troconis' response was odd. 

"Yes, I found it unusual," Kimball said. "It was a skip, a jump to something. We were making a statement, she was alluding to the house."

Fotis' Instagram photos shown

While discussing whether Fotis Dulos had ever shaved his head prior to doing so around the time of his estranged wife's disappearance, Schoenhorn had several photos of Fotis Dulos' Instagram displayed in court that depicted Dulos with his children.

The dates on the posts spanned 2016 and 2017.

"So you'd agree this wasn't the first time he'd ever close-cropped his hair, correct?" Schoenhorn said.

"He had short hair previously," Kimball said, referring to law enforcement questioning Dulos May 31, 2019. "I don't know if it was as short as it was when we encountered him on the 31st."

Schoenhorn: 'They can lie, they can interrupt'

Schoenhorn said during the lunch recess that he expected to cross-examine Kimball for about 15 more minutes.

"My purpose is to go through the six hours of video that have already been played and pointing out that at no time did Miss Troconis ever say that she knew anything about the disappearance of what or what Fotis Dulos was up to," he said.

The lawyer said he would revisit the point "over and over again," while noting techniques used by police in questioning Troconis.

"They can lie, they can interrupt," he said.

No Gumienny testimony Monday, attorney says

Lindy Urso, the attorney representing former Fotis Dulos employee Pawel Gumienny, said his client will not testify today.

While questions from Schoenhorn to Kimball noted police saw Gumienny as a potential suspect early in the case, Urso said last month his client, who has been given immunity, "is a potential witness in this case — nothing more, nothing less."

Cross-examining Kimball, Schoenhorn also noted Monday that Troconis told police she didn't think Gumienny was involved in Jennifer Dulos' disappearance, but wouldn't "hold her hands to the fire," or swear, to it. 

Schoenhorn: What was state's attorney doing at interview?

With Kimball on the stand, Schoenhorn played a portion of Troconis' June 6, 2019 interview with police during which Troconis and her then-lawyer, Andrew Bowman, left the room.

He drew attention to the fact that the prosecutor then in charge of the case, State's Attorney Richard Colangelo, said during the interview that he didn't think Troconis had knowledge of the crime.

"Mr. Colangelo said twice 'I don't think that she knows,' do you remember hearing him say that?" Schoenhorn said.

"Yes," Kimball responded.

"Do you know why State's Attorney Colangelo was present, what his purpose was?" Schoenhorn asked Kimball, suggesting they saw Troconis as a potential witness against Fotis Dulos.

"No," Kimball said.

Did Jennifer Dulos' phone connect to her Chevy Suburban?

Prior to the morning recess, Schoenhorn asked if Kimball knew when questioning Troconis on June 2, 2019 that Jennifer Dulos' cellphone connected to the Chevy Suburban later found at Lapham Road at 3:58 p.m. the afternoon of her disappearance.

Schoenhorn referred to a May 30, 2019 email regarding the alleged cellphone connection, which could prompt further questions given the police theory of the case — that Fotis Dulos ambushed his estranged wife in the Welles Lane home after she dropped off their children at school that morning. 

"I don't know that that's Jennifer's phone that connected," Kimball said. "Off the top of my head, I don't know which phone that is."

Schoenhorn asked if Kimball was still unsure whether Jennifer's phone connected to the vehicle.

"As I sit here today, that's correct," Kimball said.

Kimball cross-examination continues

Cross-examining Kimball, the state police detective who led the Dulos investigation in 2019, Schoenhorn drew attention to Troconis' efforts to help police and to attention they would not have known if not for his client revealing it to investigators.

For example, Troconis told police she had helped Fotis Dulos shave his head, which investigators have in the past have suggested could have been in an attempt by Fotis Dulos to frame Gumienny.

"You didn’t know that, did you?" Schoenhorn asked.

"No," Kimball said.

Still, investigators thought Troconis was holding back.

"We believed given the totality of their relationship, that she would know more information than she was providing us," Kimball said.

Another juror gone

After court opened about 10:15 a.m., Judge Kevin Randolph said the jury clerk had received a voicemail from one of the regular jurors weighing evidence in the case saying she had to leave the country to attend to an "emergency."

The judge then had a court clerk draw randomly from sheets of paper with the names of the three remaining alternate jurors on it, after which the juror selected took a new oath.

The trial began with six regular jurors and five alternates, but two alternates had already been dismissed prior to Monday — one for talking to a prosecutor and one for comparing the case to "Gone Girl."

Defense attorneys arrive at court

Troconis defense attorneys Jon Schoenhorn and Audrey Felsen arrived at the Stamford-Norwalk Judicial District courthouse on Hoyt Street for Day 12 of the trial just before 9:30 a.m. Monday.

While the media spectacle that marked the opening of the trial has subsided at the courthouse itself, coverage of the case remains widespread, with national commentators like Nancy Grace and Vinnie Politan recording segments last week about the trial's developments.

Locally, several Connecticut television stations have devoted special reports to the trial, bringing in defense lawyers not connected with the case to offer analysis.

Pickup truck owner may soon testify

The owner of a red pickup truck police say was used in the death and disappearance of Jennifer Dulos may soon testify in the Troconis trial.

Schoenhorn said he expects Pawel Gumienny to take the stand as soon as Monday or Tuesday.

According to his arrest warrant, Fotis Dulos used Gumienny’s red Toyota Tacoma to drive to New Canaan the morning of the disappearance. Kimball has suggested Fotis Dulos tried to frame Gumienny by shaving his head in the days before the disappearance to resemble his worker. 

A New Canaan police officer examining hundreds of hours of footage from school bus security videos spotted Gumienny's pickup truck parked on the morning of the disappearance near where Jennifer Dulos’ abandoned Chevrolet Suburban was found that night, police said in past interviews.

It was a break in the case that allowed investigators to trace the movements of the vehicle between Farmington and New Canaan by using highway and rest-stop videos.

In the days after the disappearance, Fotis Dulos took Gumienny’s phone and likely erased some of the contents, including the web search history and phone calls made on May 25 and May 26, 2019, Kimball said.

After taking Gumienny’s pickup truck to be detailed at an Avon car wash, Fotis Dulos told his employee to throw out the back seats, the arrest warrant stated. Fotis Dulos continued to pressure Gumienny, who eventually removed the seats but never discarded them because he became suspicious of his employer’s behavior, the warrant stated.

After speaking with investigators, Gumienny, who has been given immunity, turned over the seats and tests revealed one of them contained Jennifer Dulos’ blood, according to the warrant.

"You might hear Monday or Tuesday from the employee, Mr. Gumienny," Schoenhorn told reporters on Friday, noting that prosecutors are presenting their case and control who gets called to the stand. "Everything's tentative, I hear these things. I'm going to review all my notes and prep for that, and we'll see what happens."