Missing Connecticut mom’s estranged husband files motion to dismiss charges against him

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New Canaan Police Department(NEW CANAAN, Conn.) -- Fotis Dulos, the estranged husband of missing Connecticut mom Jennifer Dulos, is looking to dismiss both charges against him, arguing "there is insufficient evidence to warrant further proceedings."

Fotis Dulos is charged with hindering prosecution and tampering with or fabricating physical evidence in connection with Jennifer Dulos' disappearance. He has pleaded not guilty.

The motion filed by his defense Wednesday argues prosecutors "put the cart before the horse in charging" him.

The motion says, in part, "the charge of tampering with evidence finds no support in our caselaw, there is no evidence to support that the defendant knew that an official proceeding was imminent. Furthermore, the charge is logically inconsistent as the State has not charged the defendant with any underlying crime for which he was tampering evidence."

"We are hopeful that the judge reviewing this motion will do what the state never did: Put respect for the rule of law ahead of passion," Fotis Dulos' attorney, Norm Pattis, told ABC News in a statement Wednesday. "This prosecution is a product of haste and misplaced priorities."

Jennifer Dulos, a mother of five, went missing May 24 amid the Dulos' contentious custody battle.

Investigators believe she suffered a physical assault in the garage of her New Canaan home, where bloodstains were found, according to arrest warrants.

Clothes and sponges with her blood were found in trash cans where surveillance cameras captured a man appearing to be Fotis Dulos disposing of garbage bags, according to the documents. A woman in the man's car fit the description of his girlfriend, Michelle Troconis, according to the documents.

Troconis is also charged with tampering with or fabricating physical evidence and hindering prosecution. She has also pleaded not guilty.

Two months into the case, police on Wednesday called the search for Jennifer Dulos "a very active and dynamic investigation."

"Our multijurisdictional law enforcement team is committed to (1) Finding Jennifer and (2) Bringing those responsible for Jennifer's disappearance to justice," New Canaan police vowed in a statement. "We will not rest until we find Jennifer."

A statement from Jennifer Dulos' family and friends on Wednesday said, "We miss her beyond words. Please know that the five children are doing well, surrounded by love and support."

The Dulos' five children are in the custody of Jennifer Dulos' mother.

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