The state is a day away from resting their case against Michelle Troconis in Connecticut Superior Court in Stamford.
NBC Connecticut has learned there is only one expected witness left. According to defense attorney Jon Schoenhorn, it is his understanding that the last witness is Gloria Farber, Jennifer Dulos’ mother.
That was learned after a day full of testimony. Tuesday was focused solely on the final interview Michelle Troconis did with state police investigators on Aug. 13, 2019.
Former lead investigator in the case, John Kimball, was back on the stand as prosecutors continue to hammer home inconsistencies and new details they want the jury to give strong consideration to.
“This is going through a jury, you have to think about how this story will sound in front of 12 people,” Kimball said to Troconis in the third interview.
The interview foreshadowing a trial and citing inconsistencies with prior interviews, and the addition of new details she was only alerting investigators to during questioning.
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“Why didn’t you tell us earlier about the key, or the car wash, or the coffee?” Kimball asked. “You guys didn’t ask,” Troconis responded.
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Some of those new details that came up in the third interview include the presence of Pawel Gumienny’s Tacoma and its key, the detailing of the Tacoma, and Fotis allegedly borrowing Gumienny’s axe.
Also, a significant amount of testimony regarding Fotis Dulos’ cell phone that was allegedly left at his 4 Jefferson Crossing home the morning Jennifer disappeared.
Detectives also asked Troconis about smoke seen on surveillance video rising from the 4 Jefferson Crossing home the afternoon Jennifer disappeared.
“Is there any indication that the defendant lit a fire on the timeline here?” Assistant States Attorney Sean McGuinness asked. "There is not,” Kimball responded, following an overruled objection to the answer.
The state wrapped direct examination of Kimball by tying in some of the additional details Troconis was giving during the interview with the timeline seized from Fotis Dulos’ 4 Jefferson Crossing home.
The defense then had their chance to cross.
“She didn’t get to review things she had said in prior interviews?" Schoenhorn asked. “She did not,” Kimball replied.
Schoenhorn pushed back during cross examination, pointing out for the jury that investigators had their own comprehensive notes to reference to get details correct during the third interview.
He added that they, too, admitted to making a few mistakes about details during the interview, and they had the benefit of a timeline.
Schoenhorn also pressed Kimball on investigators' possible intent to confuse or elicit emotion from Troconis, and calling into question Fotis’ potential contamination of her recollection.
Memory is a key piece of the defense. We learned they intend on calling two experts on memory once the state rests their case.
We also learned more about the timeline of the trial at the end of Tuesday. The state intends to rest Wednesday and the defense will pick up following a motion for acquittal by the defense.
The judge has also decided a contempt hearing will be scheduled for after the defense rests their case, but before closing arguments. The judge also intends to let jurors know the trial could go “a lot longer” than March 1.
