Troconis back in court on contempt charge as presentence investigation underway in Farber Dulos case

As Michelle Troconis returns to court Thursday for a contempt hearing following her conspiracy to commit murder conviction earlier this month, a presentence investigation is being compiled that will allow a judge to read a detailed report about her life ahead of her sentencing in May.

A presentence investigation, known as a PSI, is required for anyone convicted of a felony in Connecticut. But what exactly does it entail?

A PSI is a confidential report compiled by the probation office that is reviewed by prosecutors, defense attorneys and the sentencing judge at least a few days before a sentence is handed down. It includes the defendant’s life story, from their family history to their education and physical and emotional health, along with statements from victims’ loved ones and the defendant’s willingness to accept responsibility for their crimes.

Connecticut defense attorneys say that PSIs give the sentencing judge a complete picture of the defendant ahead of deciding on a sentence and are especially important when a plea deal is not in place, like Troconis’ case.

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Troconis is set to be sentenced on May 31, following her conviction on March 1. After a weeks-long trial, a jury in Stamford Superior Court found Troconis guilty across the board on six charges she faced in connection with the disappearance and death of New Canaan mom Jennifer Farber Dulos.

Farber Dulos vanished on May 24, 2019. Prosecutors alleged that her estranged husband Fotis Dulos — who died after attempting suicide in 2020 — attacked her in her garage and somehow disposed of her body. Troconis was convicted of helping Dulos, her former boyfriend, plot Farber Dulos’ murder and conspiring to dispose of evidence and cover up his crimes.

Troconis is being held at York Correctional Institution Niantic in lieu of a $6 million bond, where her defense attorney Jon Schoenhorn said she has already met with a probation officer to start the process of compiling a presentence investigation. The report allows a judge to learn more about the defendant than just the information that comes up at trial.

“A sentencing judge needs to know the person that they are sentencing,” said defense attorney Frank Riccio, who just finished arguing another high-profile Connecticut case as the defense attorney for Connecticut State Police Trooper Brian North, who last week was found not guilty on manslaughter charges.

“Very often a judge doesn’t really know everything that he or she needs to know about the person they are about to sentence,” said Riccio.“These reports are helpful, not only in cases where the sentence has been predetermined, but they are much more helpful in cases where the actual sentence is not determined, mostly in cases where there has been a jury verdict.”

The PSI does include a summary of the offenses, including a probation officer’s review of police reports and interviews with investigators and prosecutors but will provide more background information that would not have come up at trial.

“In this case, Judge (Kevin) Randolph knows about Ms. Troconis what the trial presented to him,” said Riccio. “That is to say, lots of facts and circumstances about Ms. Troconis in light of these charges.”

The PSI will detail her life outside of the criminal acts she has been convicted of and give the sentencing Randolph a better understanding of her upbringing and history, including any prior crimes or mental health concerns.

The bigger picture

According to the United States Probation and Pretrial Services District of Connecticut, “the presentence report helps the court fashion appropriate and fair sentences and is used by probation officers later assigned to supervise the offender.”

Hartford-based defense attorney Trent LaLima said that the report helps a judge see a bigger, sometimes better picture of the person whose future they are deciding.

“Because the judge in the case has only heard evidence of that one single crime, which in some cases is a single second or moment in time, the judge in their sentence should be considering a person in their entirety and get a larger picture of the person before they issue their sentence,” LaLima said.

During an interview with a probation officer, a defendant will outline their life so far starting from their birth, detailing their family life and childhood and describing their education and career. They may also go over any history of criminal behavior, mental health concerns, medical issues, hardships, substance use history and go over their financial situation.

This biography is collected through an interview with probation and verified by records and family members, with the responsibility of the probation officer to “assist the court by verifying, evaluating, and interpreting the information gathered” in an objective and organized way, the United States Probation and Pretrial Services District of Connecticut states.

LaLima said that when a PSI is being prepared, the probation office will request a couple of references who can sit down with them and confirm their life history.

Statements from loved ones and other character witnesses can also be included in a PSI.

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Mark Sherman, a defense lawyer in Stamford, said a PSI is an “opportunity for the defense to present the defendant’s life story to the judge through the probation officer, and defense lawyers use it as a way of really painting a really favorable picture of the defendant in contrast to the crimes been found guilty of.”

He said defendants will usually share information about their schooling, any successful career achievements or accolades and ties to their communities.

“Even isolated stories of kindness and character, those are really what’s important to a judge. Sentences are not just about punishment, it’s about ‘can they be rehabilitated?’” he said. “When you show acts of kindness and good character, the judge is more likely to see a chance for rehabilitation.”

The report is never available to the public but parts of it may be referenced on the record at a sentencing hearing, and it stays with the defendant throughout their entire involvement with the criminal justice system, according to court personnel.

Attorneys for both sides will review the document before it is solidified in the record.

On the charge of conspiracy to commit murder, Troconis faces up to 20 years in prison. On all the charges, she faces a maximum of 50 years if the sentences are ordered to run consecutively or 20 years if running concurrently.

Riccio said that unlike in a case where the sentence is agreed upon with a plea agreement, Troconis’ sentencing after a jury verdict is unknown.

“The judge has a very large canvas with which to paint, and the judge has a wide range of numbers with which to choose from,” he said. “There will be, I’m sure, a wide presentation from both sides, (including) character letters, victim impact statements and this PSI.”

Riccio said it’s important to note that a PSI also includes a person’s criminal history, which a judge takes into account when considering their rehabilitation potential.

“If a person has 20 prior convictions, a judge is going to handle that differently,” he said.

Troconis has no known prior criminal history.

Taking accountability

The contents of a PSI are broken down into multiple categories, including a summary of the charges the person has been convicted of, their version of the crimes, their personal history, statements of impact from the victim or their loved ones called “victim’s attitude,” and a recommendation from the probation office.

After a guilty finding on a felony, a PSI is mandatory under state law.

According to the DCJ, sentencings are meant to enhance public safety, hold the offender accountable, reflect the seriousness of the crime, be fair, just and equitable and should have an overriding goal of reducing criminal activity and offering effective rehabilitation. PSIs are meant to aid decision-makers in attaining those goals.

Sealed custody report viewed on Michelle Troconis’ laptop during trial, contempt warrant alleges

Sherman said the PSI also offers an opportunity for the defendant to take accountability for the crimes they have been convicted of, but said he does not think that will happen in Troconis’ case.

“The most important piece of a PSI is an acceptance of responsibility from a defendant,” he said. “You’re just not going to get it here. They have lots of issues on appeal.”

Without admitting guilt, he said, there’s still a chance for a defendant to show remorse.

A person who is convicted but maintains their innocence, he said, could say, “I’m sorry this happened” not “I’m sorry I did it.”

“It’s important to get some sort of contraction in this report,” Sherman said.

In Troconis’ case, he said if he were her lawyer he would recommend she use the PSI as a chance tell the court “I’m sorry I ever got involved with Fotis Dulos.”

Troconis has maintained her innocence throughout her trial and her defense team has, since her conviction, filed for a motion of post-judgment acquittal and states that they plan to appeal the conviction on multiple grounds.

Troconis is scheduled to appear in court in Stamford on Thursday on a separate criminal contempt of court charge she incurred Troconis incurred when prosecutors alleged that she was reading a court-sealed custody document related to Farber Duos and Dulos’ ongoing custody battle in 2019.

Troconis is facing a fine or an additional six months behind bars if found guilty on that charge. After that, her case will return to court in Stamford on April 10 for a hearing ahead of her sentencing.