STAMFORD, Conn. (WTNH)– The estranged husband of the missing New Canaan mother was back in court Monday afternoon where a judge lectured him for not properly charging his GPS monitoring bracelet.
Fotis Dulos must wear the GPS monitoring ankle bracelet 24/7 as part of his bail agreement. The judge called him into Stamford court Monday because the probation department contacted him over concerns Dulos was not properly charging his device.
But the hearing quickly turned to several other issues. After the hearing, Dulos made statement to the press.
“I would like to thank all those people that have given me support and I just want to tell you how much I love my children and I can’t wait to see them,” said Dulos.
The Farmington home builder is facing two charges of tampering with evidence and one charge of hindering prosecution related to the disappearance in late May of of his estranged wife, Jennifer Farber Dulos.
The appearance Monday was not related to any new charges or motions, but a concern by the judge that Dulos is not properly charging his probation mandated GPS monitoring bracelet.
“In terms of GPS monitoring, a low GPS is not a trivial issue condition because like a smart phone, that tells you you’re running out of power in a very short period of time. Under low battery status, the GPS stops functioning and your movement will there fore be untraceable. And that’s not acceptable,” said Richard Colangelo, Prosecruter.
The prosecutor acknowledged to the judge that there was never a time during his probation that Dulos was not being electronically monitored.
“I checked with probation and there has not been an instance where he was not traceable. If there was I’d be yelling and screaming here but there has not been that situation,” said Colangelo.
Defense Attorney Norm Pattis says there are locations in Dulos’s Farmington home where WiFi is spotty, leading to power being drained quicker. He also took the opportunity to try and get the device removed for good, saying it’s unnecessary because his client has not been charged with a violent crime despite strong speculation in the most recent arrest warrant.
“They believe he was in a car. They believe he laid in wait. They believe he did this. They believe he did that. When they can actually show quantities proof that he has satisfied probable cause, then and only then and should an electronic monitoring device be warranted,” said Dulos.
The judge ruled that the device will stay on and the probation terms will remain the same.
Pattis also tried to get Dulos in the room for a deposition that Michelle Troconis is giving in the a civil matter brought on by Dulos’ mother in law. The judge ruled he can do it by closed circuit television.
This is the second time the GPS bracelet has been a focus for parties in this case. Earlier, the judge denied a motion by Dulos to move the bracelet from his ankle to his wrist.