Legal experts believe that prosecutors will move forward with their case against Bloomfield attorney Kent Mawhinney, who has been charged with conspiracy to commit murder.

They say the case against the attorney is likely to proceed, even though the prime suspect, real estate developer Fotis Dulos, died by suicide Thursday. Fotis had been awaiting trial for murder of his wife Jennifer, who disappeared in May.

Now, the fate of an attorney hangs in the balance.

Mawhinney, a Connecticut lawyer for 29 years, received his law degree from Western New England College in 1990. He specialized in immigration law. He was friends with Dulos, and represented him in several civil matters.

But Mawhinney's law license was suspended Jan. 28, and he remains behind bars, unable to post a $2 million bond. While the criminal case unfolds, a court-appointed trustee will look at the defendant-lawyer's caseload, contact his clients, and refer them to other counsel as needed, according to former Connecticut chief disciplinary counsel Mark Dubois, an attorney with New London's Geraghty & Bonnano.

Mawhinney's most notable tie-in to the Dulos case involves the Windsor Rod and Gun Club, which Mawhinney helped start. Court documents show that a few days before Jennifer Dulos went missing, two hunters found what appeared to be a makeshift shallow grave near the gun club. A hole had been dug in the ground, but there were no signs of human remains, according to media reports.

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'How can they bargain here?'

While the experts the Connecticut Law Tribune spoke to Monday said the state will probably either offer Mawhinney a plea or try the case, they agreed the evidence is flimsy at best. Dulos' death will also probably not sway the prosecution's decision to move forward with the case, they said.

"To be frank, my opinion from reading the affidavit is that to call this a weak case is an understatement," said longtime New Haven criminal defense lawyer John Williams. "It's a nothing case. I can't believe a judge signed that warrant because it does not allege anything. It's all speculation upon speculation. There are a lot of might have been's. It's disgusting and all that shallow grave stuff is all speculation."

Criminal defense attorney James Bergenn of Shipman & Goodwin agreed.

"There is nothing in the public record that puts Mawhinney as a co-conspirator in advance of the murder," Bergenn said. "All I can see in the public records is that Dulos and Mawhinney were buddies, had an attorney-client relationship, and each had problems going through a divorce."

Mawhinney is also charged with spousal sexual assault and violating a protective order related to his wife.

Lee Gold, Mawhinney's attorney and counsel with Hartford's Butler, Norris & Gold, declined to comment Monday, saying the matter is an active criminal case.

Meanwhile, Dubois, who spent years prosecuting attorney-ethics case, said Mawhinney "lost a big bargaining chip" when Dulos died.

"The question now is what does he know, if anything, and how can they bargain here?" Dubois said.  "Ninety-nine percent of criminal cases end with some kind of plea bargain. It will probably happen in this case."

Richard Colangelo Jr., who was named chief state's attorney last week, is also still acting as state's attorney for the Stamford/Norwalk judicial district. He is prosecuting the case against Mawhinney. He declined to discuss the matter Monday because the case is ongoing.

Michele Troconis, Dulos' girlfriend, is also charged with conspiracy to commit murder. She posted bond, and her case is pending.

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