Dulos, who was arrested along with his girlfriend, Michelle Troconi, has been charged with hindering prosecution and tampering with physical evidence, in connection to the disappearance of the 50-year-old New Canaan woman two months ago.
"The defendant stands charged with two crimes that have no basis in the evidence or law," the motion states.
The motion goes on to say that police and the State Attorney's office "faced with a media firestorm, has clearly put the cart before the horse in charging the defendant."
The pair were arrested after they were allegedly shown on video surveillance dumping bags into at least 30 garbage cans and dumpsters that contained items that contained the blood of Jennifer Dulos.
They are both out on $500,000 bail.
Pattis, and his team, which includes lawyers Kevin Smith and Zachary Reiland, said: "Based on the lack of any supporting evidence produced by the State, the Defendant respectfully requests that the charges against him be dismissed."
The motion also touches on 36 surveillance videos delivered by the state during discovery but does not go into much detail, except to say they purport to show the Foits Dulos dumping the bags.
In addition, the motion says that "The discovery provided by the State has shown little more than the publicly available facts surrounding Mrs. Dulos’ disappearance.
“The state does not know where Jennifer Dulos is,” the motion says. “They do not know what has happened to her. In a rush to produce a suspect, they have pointed to the defendant and used circular logic to charge him with crimes — which are necessarily concomitant to other, underlying crimes — that they have not charged.”
Fotis Dulos’ next court date is scheduled for Aug. 2.
Anyone with information can email FindJenniferDulos@newcanaanct.gov or call the New Canaan Police Tip Line at 203-594-3544.
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