Andrew Bowman could have done more during his roughly eight-month representation of Michelle Troconis, he conceded from the witness stand Monday during a trial in which his former client is challenging her
conviction and more than 14-year prison sentence in connection with the death of Jennifer Dulos.
For example, he could have asked a prosecutor threatening to charge her with murder in the days after Dulos’ disappearance to give Troconis immunity before she
voluntarily spoke to police about the case.
The exchange exemplified much of the questioning Monday morning of Bowman, Troconis’ first witness in the case, a so-called
habeas trial in which Troconis has sued the commissioner of the state’s Department of Correction challenging the legality of her conviction asserting Bowman gave her ineffective counsel.
Again and again, Brown questioned Bowman about certain steps he didn’t take in his representation of Troconis in the days after Jennifer Dulos’ disappearance, which police were working feverishly to investigate as press coverage snowballed.
The central issues during Monday's questioning of Bowman by Brown: Was Troconis prepared enough to talk to the police following her arrest on charges of tampering with evidence and hindering prosecution? And should she have kept talking to them after it became clear they didn't believe her?
For Monday’s trial, which is taking place at state Superior Court in the Rockville section of Vernon, Troconis claims Bowman was ineffective because he allowed her to be questioned by police on three separate days for hours without sealing a deal for immunity from prosecution or informing her the discussions could work against her in court, according to court documents.
Troconis is seeking to overturn
her 2024 conviction on several counts, including conspiracy to commit murder, and be released from prison. As she was brought into the courtroom for Monday's proceedings, she smiled to family members in the public gallery before taking a seat next to her lawyers, Brown and Adele Patterson. Throughout Bowman's testimony she leaned forward to listen to his answers, occasionally resting her chin on her hand, reviewing documents, taking notes, and conferring with attorneys.
Taking place over three days — Monday, Jan. 9 and Jan. 16 — Judge Carl Schuman will have 120 days to issue a ruling on whether her counsel was ineffective. If the ruling is that her counsel was ineffective, the judge also must decide what the remedy would be, which possibly includes vacating her conviction. That may result in a second trial.
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