Accused spousal murderer Fotis Dulos, recently hospitalized in New York after reportedly attempting suicide at his Farmington home, has died, according to media reports and his attorney, Norm Pattis. Dulos died at 5:32 p.m., Pattis confirmed to reporters.

Earlier today, Connecticut lawyers discussed the next steps in the case of the death of Dulos's wife, Jennifer. That story follows:

The big question two days after Fotis Dulos' attempted suicide on Tuesday is whether the man charged with killing his wife, Jennifer Dulos, will be competent to participate in the legal proceedings against him.

Among legal experts and forensic psychologists, the consensus Thursday was that the trial will likely not take place if Dulos is not legally competent, and unable to understand the charges against him. This will likely end the criminal case against Dulos, a real estate developer facing prosecution after the disappearance of the mother of his five children.

If that happens, experts say Dulos will likely end up in a mental health care facility.

Dulos' lawyers rushed to the hospital earlier this week to be with their client, who reportedly attempted suicide at his Farmington home. Soon after, lead counsel Norm Pattis said in court that Dulos' condition was "dire."

"The first issue is competence," said Shipman & Goodwin attorney James Bergenn, a longtime criminal defense attorney who is not involved in the Dulos case. "Otherwise, you do not have a meaningful Sixth Amendment right."

White-collar and federal criminal attorney Richard Brown of Hartford's Brown, Paindiris & Scott agreed.

"The obvious and controlling question is the ability of Dulos to recover from his attempted suicide, and the effect it has on his intellectual capacity to understand what is going on," Brown said.

Neither Pattis or prosecutor Richard Colangelo Jr. were available for comment.

Denver, Colorado-based forensic psychologist and attorney Dr. Susan Lewis never treated Dulos, but has followed the case. Authorities performing a safety check reportedly discovered Dulos after a suicide attempt in his garage.

"Sometimes people make (suicide) attempts that are not that serious. This one was pretty serious," Lewis said. "I'm not sure if it was manipulative, but it may have been impulsive."

The experts don't anticipate civil litigation or liability against Dulos' legal team given that their client showed no outward signs of major depression or suicidal tendencies.

"It appears there was no depression or signs of mental illness," Lewis said. "It's nobody's responsibility but his own."

Brown, an attorney for 47 years, said defense attorneys are obligated to alert the court if their client suffers from mental health issues, although that does not appear to be the case with regard to Dulos.

"Attorneys are not licensed physicians," Brown said.

Bergenn agreed.

"There was no evidence in advance that this was a reasonably foreseeable event, He was not showing signs of depression or anything else that would lead you to believe he'd take his own life," Bergenn said. "I've never heard of an attorney being held liable for someone's suicide that was not manifestly imminent."

|

The prosecutors

What do the prosecutors in the Dulos case do now?

The answer, according to the experts: Wait.

"It will be a long thoughtful process on the part of the prosecution on what to do next," Bergenn said.

Typically, Brown said, the prosecution will continue the case indefinitely for medical justification when a person is incapacitated.

"There is no trial if there is not competency, other than housekeeping items," Brown said. "There is no proceeding on the merits."

The prosecutors, Bergenn said, "are taking a breath. This does not require any immediate judgment as he awaits the medical information."

Bergenn has no involvement in the Dulos matter, but has monitored the case and talked to defense counsel Pattis. He said he doesn't believe there is a strong case against Michelle Troconis, Dulos' girlfriend, or lawyer Kent Mawhinney, who once represented Dulos in a civil case. Both are charged with conspiracy to commit murder.

"The public record information simply doesn't establish, beyond a reasonable doubt [the guilt of Troconis and Mawhinney]," Bergenn said. "In Connecticut, I've seen very few prosecutors in my 40 years of this work willing to proceed with a case that they are not personally convinced of beyond a reasonable doubt."

Bergenn continued: "There is another arena worth pondering. In the event of death, you will see a civil action like in the Goldman and O.J. Simpson case. Although, Dulos' assets will probably go to the five kids anyway."

Related stories: