HARTFORD, Conn. -- The attorney representing Michelle Troconis advised her to plead the Fifth Amendment to every question during a recent deposition in a civil lawsuit because he fears she could be charged with conspiracy or homicide in the disappearance or death of missing New Canaan mother Jennifer Farber Dulos.
The lawyer, Andrew Bowman, said in court documents filed Wednesday that Troconis asserting her Fifth Amendment rights against self-incrimination is an obvious safeguard given "a continuing investigation which may or may not result in a homicide charge or in a conspiracy charge."
"Ms. Troconis is in the very difficult position of not only being charged with certain serious crimes but also runs a risk that she could be charged with additional crimes as a result of law enforcement's continuing investigation," Bowman wrote.
"Even acknowledging knowing Fotis Dulos is incriminating."
Troconis was romantically involved with Farber Dulos' estranged husband, Fotis Dulos, and is already facing tampering charges. Prosecutors have already said in court papers they believe Fotis Dulos played a key role in her disappearance and that he was "lying in wait" for her outside her New Canaan home on May 24, the last day she was seen alive. He has not been charged in her death.
The deposition of Troconis was part of a civil lawsuit against Fotis Dulos filed by Jennifer Farber Dulos' family over millions in loans granted during the marriage to help support Fotis' Dulos real estate business. Wednesday's motion was a response to a demand that Troconis answer the questions she refused to during the initial Sept. 25 deposition.
Troconis has already been charged twice with tampering with evidence charges in the May 24 disappearance of Jennifer Farber Dulos. She has pleaded not guilty and is free on two bonds of $600,000 as state police continue to investigate. Fotis Dulos also has been charged twice with tampering charges, has pleaded not guilty and is free on two $500,000 bonds.
Dulos was not present at the deposition but was allowed to view it by video from his Farmington home. He wasn't allowed to address Troconis during the deposition.
Troconis pleaded the Fifth Amendment to the more than 170 questions that attorney Richard Weinstein asked her in the deposition. Weinstein is representing Gloria Farber, Jennifer's mother, in a civil action against Fotis Dulos and his home building company The Fore Group. The lawsuit alleges that Dulos failed to pay back millions in loans to her husband Hilliard Farber, who has since passed away.
Dulos has argued they were gifts and he doesn't have to pay the money back. The case is scheduled to go to trial as soon as next month.