HARTFORD, Conn. -- The attorney for Fotis Dulos, in court filings Tuesday, said he is seeking access to the medical records of Dulos' missing wife and mother of his five children in an effort to determine whether she was undergoing pregnancy testing or suffers from a serious disease, disclosures that could bolster defense attorneys' "Gone Girl" theory about her disappearance.
"In the year prior to her disappearance, Ms. Dulos had dramatically lost more than thirty pounds, and commented to friends and family that she had gone from 120 pounds to a mere 88," attorney Norm Pattis said in a two-page motion filed in Stamford Superior Court late Tuesday afternoon.
"The billing records and coding are consistent with pregnancy testing, as well as testing that would have been required before treating for life-threatening or terminal illnesses that would require chemotherapy, radiation, and other similarly toxic treatments," Pattis said. "The defendant seeks the medical records to evaluate whether Ms. Dulos, alarmed by her diagnosis and fearing that she might not be able to raise the children on her own, took steps to cause her own disappearance in such a way as to raise suspicions about Mr. Dulos."
This is the second time that Pattis has attempted to access Farber Dulos' medical records. Pattis has suggested that Farber Dulos may have staged her own disappearance in a plot similar to Gillian Flynn's 2012 novel "Gone Girl," in which a wife pretends to vanish to frame her husband for murder.
On Tuesday, Carrie Luft, Farber Dulos' friend and family spokesperson, said: "This is yet another desperate attempt by the attorney for Mr. Dulos to distract from the charges against his client. Jennifer has always taken excellent care of her health. She has now been missing for more than three months. Her children, family, and friends are grieving her absence. This is one more gratuitous and cruel legal maneuver that harms her children, now and into the future."
Last month, Superior Court Judge John Blawie denied Pattis' first motion to get the medical records agreeing with State's Attorney Richard Colangelo, who called the motion a "fishing expedition."
"I don't think, given the state of this record, you've sufficiently shown enough of a basis for the court to grant this motion. I think it is speculative at this juncture," Blawie said.
In denying the motion, Blawie said he would revisit it if Pattis produced more compelling evidence.
As in the first motion, Pattis said that Dulos has in his possession billing records that show $14,000 worth of medical tests, blood work and other diagnostic treatment from February through April of this year.
Pattis said that Farber Dulos, 50, had warned her husband that "she would do anything she had to to make sure he did not get custody of their children." Pattis' motion seeking the medical records would compel Anthem Blue Cross to provide Farber Dulos' medical information, including all billing records, for review.