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Case Evaluation

    The Dulos Case: What is Tampering with Evidence in Connecticut?

    The Dulos Case: What is Tampering with Evidence in Connecticut?
    • Fotis Dulos and Michelle Troconis were both charged with tampering with physical evidence in the disappearance of Jennifer Dulos.
    • Discarded trash bags allegedly containing Jennifer Dulos’s blood resulted in these tampering with physical evidence charges under CGS 53a-155.
    • Dulos and Troconis were also charged with hindering prosecution for allegedly trashing blood-stained items.
    • Connecticut arrests for Tampering with Evidence and Hindering Prosecution are felonies.

    Why is Fotis Dulos Just Charged with Tampering with Evidence and Nothing More Serious?

    Because police and prosecutors do not have enough evidence to charge him with anything else at this time.

    Connecticut police and prosecutors cannot just make an arrest just because they suspect someone of committing a crime.  They need evidence.  They need proof.

    Technically, Connecticut prosecutors need “probable cause” to submit an arrest warrant application to a Connecticut Superior Court judge. One theory floating around the Connecticut defense bar is that the government will try to convince Fotis or Troconis to disclose more information in exchange for immunity or cooperation in the Jennifer Dulos missing person case.

    What is Tampering with Evidence under CGS 53a-155?

    A Connecticut arrest for tampering with evidence under CGS 53a-155 can happen if you alter, destroy, conceal or remove any record, document, or thing with purpose to impair its availability for court, and if the person believes an investigation in pending. Allegedly disposing items that were allegedly soaked with Jennifer Dulos’s blood is what likely led prosecutors to charge Mr. Dulos and Ms. Troconis with tampering with evidence.

    What is Fabricating Evidence under CGS 53a-155?

    Under the same statute, an individual can be charged with fabricating physical evidence if they make, present, or use any record, document, or thing, knowing it to be false and with the intent to mislead a police officer or public servant who may be engaged in an investigation.

    Can Fotis Dulos Go To Jail for a Connecticut Tampering with Evidence Arrest?

    Possibly, if he’s found guilty or pleads guilty to this charge. Tampering is a Class D felony, punishable by up to 5 years in prison, and up to a $5000 fine. The permanent effects on a convicted felon’s ability to get a job, secure housing, and the general social stigma of being a convicted felon can sting just as much as the jail consequences.

    Charges of this nature can also result in a higher bond, like it did in the Dulos case. This can make it harder for an individual to bond out and might result in him or her remaining incarcerated until their Tampering with Evidence trial.