Attorneys for Fotis Dulos said the absence of his wife, Jennifer Dulos, of New Canaan deprives their client of due process, The Connecticut Post reported.
“Obviously, Fotis wants to see his children,” his attorneys said in a prepared statement Friday. “We will address that in due course. In the meantime, we do not see how the divorce action can fairly and equitably proceed in her absence. Her counsel continues to chest thump in the apparent absence of a client. We are asking the court to stop the wasteful charade.”
“Proceeding in any manner without the plaintiff deprives the defendant of his due process rights of cross-examination and his ability to conduct discovery from the plaintiff,” the lawyers wrote in a motion filed Friday, the Stamford Advocate reported.
Fotis Dulos and his girlfriend, Michelle Troconis, have been free on bond, charged with evidence tampering and hindering prosecution in connection with the May 24 disappearance of Jennifer Dulos.
Police said the couple disposed of items found in Hartford that contained Jennifer Dulos’ blood.
Jennifer Dulos, 50, vanished after dropping the children off at school in New Canaan. The children, who range in age from 8 to 13 and include two sets of twins, have been staying with Jennifer Dulos’ mother, Gloria Farber, in New York City.
Both Farber and Fotis Dulos are seeking custody of the children.
According to their arrest warrants, a couple police believe was Fotis Dulos and Troconis were seen on video surveillance driving in Hartford around the time Jennifer Dulos was reported missing. The man was seen tossing garbage bags into more than 30 trash bins that were later determined to have Jennifer Dulos’ blood on them.
Prosecutor Richard Colangelo has said that Fotis Dulos’ DNA was found mixed with his wife’s blood on the faucet of her kitchen sink.
Fotis Dulos is scheduled to appear in court Aug 2.
The Associated Press contributed to this report.