Judge in Troconis trial issues warning, delays contempt hearing over sealed custody report

The judge in the criminal trial for Michelle Troconis said the court will hold a contempt hearing after the defense rests, following an investigation by state prosecutors which alleges Troconis “absolutely” had sealed court records pulled up on her laptop in the courtroom.

“It is amazing that nearly five years after Jennifer Farber Dulos’ death, the defendant still will not let her rest in peace,” State prosecutor Sean McGuinness said on Friday.

On Thursday, prosecutors notified the court that they received information that Troconis had a court-sealed custody report open on her computer during the trial, which Judge Kevin A. Randolph warned could prompt a contempt hearing, as it violated the rules of the court.

The court took the issue up first thing Friday morning, with McGuinness alleging that Troconis “absolutely had the sealed report open on her computer screen.”

Prosecutors indicated Thursday that a close friend of Farber Dulos’ saw Troconis’ screen and recognized a name in the report.

McGuinness said that after prosecutors received a note raising concerns on Thursday, the state conducted an investigation Thursday night that involved a written statement from Farber Dulos’ friend Carrie Luft, a spokesperson for the Farber family.

McGuinness said the state then reviewed YouTube videos that allegedly corroborated her statement.

Testimony from a guardian ad litem for the Dulos children on Thursday centered around a custody order that barred Troconis from seeing the five Dulos children, but the majority of a custody report from 2019 has been sealed.

On Friday morning, McGuiness also moved to have Troconis’ mother, Marisela Arreaza, ejected from the courtroom for the remainder of the trial.

McGuiness alleged that on Thursday, Troconis’ mother tapped her on the shoulder to warn her to take the report off her laptop screen.

“This is the second time the defendant’s mother has injected herself into the proceedings, ” McGuiness claimed. He said that earlier in the trial, her mother was allegedly mouthing things to the jury.

“Her conduct is inappropriate,” McGuiness said. He said that by tapping her daughter on the shoulder she was trying to prevent her “from getting caught.”

Troconis’ defense attorney Audrey Felsen said McGuinness’ comments “reveal just how highly charged this trial has been” and how much emotion has been in the courtroom since the trial started.

Felsen said the defense team had taken steps to speak with Troconis and her family to avoid further disruptions and that Troconis did not have her laptop with her Friday.

Judge Kevin A. Randolph tightened up the rules in the courtroom. He said that the court would not play the role of a “hallway monitor.”

“This is not high school,” he said, and “competing pep rallies” would not be allowed.

Randolph ruled that other than attorneys, no one in the courtroom would be allowed to have a laptop.

He also said that there would be no communication with those sitting in the gallery in the courtroom at any time, and that anyone found to be communicating with jurors or witnesses would be removed from the courtroom going forward.

Randolph said that to continue the jury trial, the contempt hearing will be held “as early as possible” after the defense rests their case.

Friday marked the 23rd day of the Troconis trial. She is charged with allegedly conspiring with her then-boyfriend Fotis Dulos to kill his estranged wife and helping to cover up his crimes.