Day 28 of Michelle Troconis’ trial in Stamford was strictly the charge conference between the attorneys and Judge Kevin Randolph.
Attorneys had to work through with the judge the instructions for the jury following closing arguments. Historically, the charge conference was done off the record in chambers. But recently, the proceeding jumped on the record, though Randolph noted this is the first time in Connecticut to his understanding the charge conference was livestreamed.
“The first instructions the court would like to discuss are these...” Randolph noted as he read a few instructions attorneys had indicated they would like to have read to the jury including, a consciousness of guilt instruction, evidence of presumptive blood test instruction and hindsight bias instruction, among others.
The judge indicated he would accept some and deny other instructions when he posts his final instructions by the end of the court’s day, Monday.
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Attorneys for Troconis and for the state worked through the instructions with the judge arguing cases for or against certain instruction being included and argued changes to language in jury instruction.
The conference sets instructions for the jury following the completed closing arguments, and general instructions include defining terms like burden of proof, presumption of innocence and credibility.
On top of instructions on language and jury responsibility, the charges also had to be defined.
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“What they are alleging – transportation and other means – but they are not alleging money, weapons, disguise," Assistant State's Attorney Sean McGuiness said when explaining why and how they charged the hindering prosecution charge.
Certain charges in the state of Connecticut are defined certain ways, so the lawyers had the chance to simplify some language or change language when the charges are being offered to the jury so the explanation didn’t create confusion.
In this case, Troconis is being charged with conspiracy to commit murder, two counts of evidence tampering, two counts of conspiracy to commit evidence tampering and second-degree hindering prosecution.
She has denied all involvement in the disappearance and presumed murder of Jennifer Dulos.
The conference also gave some insight into how the attorneys plan to piece together their cases in closing arguments to cater to how the charges are brought.
“She was not present for the actual act of murder, we don’t want the jury to conflate the two,” McGuinness said while explaining the conspiracy to commit murder charge.
According to McGuinness, the state, in bringing that charge, had to prove Jennifer Dulos had been murdered beyond a reasonable doubt.
Defense attorney Jon Schoenhorn explained outside court, after presenting his concerns and arguments for his instructions, he has the chance to prepare closing arguments closely tailored to what the jury will be offered.
“I am going to go back and prepare my argument based on what the judge at least said he is going to include because obviously you don’t want to argue something the judge isn’t going to tell the jury,” Schoenhorn said.
Closing arguments are set to begin Tuesday morning and following housekeeping measures, the jury will be handed the case.
