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.
In his new motion Pattis does specify that he believes the testing that Farber Dulos underwent took place at a New York-city based gynecological and fertility clinic.
In Tuesday's court filing, Pattis again raised questions about whether there is money missing from the couple's joint accounts.
"Ms. Dulos had been withdrawing large sums of money from three separate checking accounts at the same time she was undergoing the above-referenced testing, including a series of ultrasound services in April 2019 just prior to her disappearance," Pattis said.
Pattis has mentioned the missing money before briefly referring to it during a recent court hearing without elaborating on it. The new motion doesn't quantify what the "large amount of money" may have been.
Dulos, 52, and his girlfriend, Michelle Troconis, 44, both face charges of hindering prosecution and tampering with evidence in connection with Farber Dulos' May 24 disappearance. Both are free on bond. Dulos is scheduled to appear Thursday in Norwalk Superior Court where he is expected to plead not guilty to the latest charges that were filed by state police last week.
Police say surveillance video taken on Albany Avenue in Hartford shows a man state police said is Dulos and a woman they believe is Troconis dumping garbage bags into two trash cans along the roadway. State police recovered some of the items that were dumped including a Vineyard Vines shirt that Farber Dulos was wearing the day she disappeared and sponges and mops that had blood on them.
DNA testing showed that blood on all of the items belonged to Farber Dulos. The garbage dumping occurred on the same day Farber Dulos disappeared. Police discovered that they were there because both of their phones pinged in the Albany Avenue area.
The Courant has interviewed a man who found one of the garbage bags in a trash can near Garden Street. The man said he found a bloody pillow and a knife in the bag and that he took the knife and sold it to a man named "Fudge" a day or so later for a $5 rock of crack cocaine. The Courant also has interviewed Fudge who said he sold the knife for $10 to buy food. He said he told police he didn't know the man's name who bought the knife.
Court records say police traced a red Toyota Tacoma truck that belonged to an employee of Fore Group Inc. from Farmington to New Canaan and back on the morning of May 24. Police said that Dulos parked the vehicle on Lapham Road and then waited for Farber Dulos to return from bringing the children to school and then attacked her in the garage of her Welles Lane home, according to court records.
Police said Farber Dulos' body was then transported in her own Chevy Suburban back to Lapham Road and returned to a house on Mountain Spring Road. Police said Troconis met Dulos there with black garbage bags. Troconis told police that when she got to Mountain Spring he was cleaning a "coffee spill" from the front seat of the Tacoma. Troconis said that he handed her one of the dirty towels but it didn't smell like coffee, court records said.
State police said they later found blood in the truck and that DNA tests showed it was Farber Dulos' blood, court records said.
Police also have surveillance video of Dulos bringing the red truck to a car wash in Avon to have it washed and detailed. Troconis at first told state police that Dulos called her from the car wash to ask for a ride, but later changed her story when they showed her video from a neighbor's security camera that showed her driving behind him leaving Jefferson Court to go to the car wash, court records said.
Police said that Dulos took $500 cash out of an ATM near the car wash to pay for the detailing. Troconis can be seen in the vehicle with him as he withdraws the money, court records said.
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