Friday, November 3rd:
*Status & Motions Conference Hearing (@ 1:30pm MT) – UT -
*Eric Richins (39) poisoned with a lethal dose of fentanyl by wife on Mar. 3, 2022 in Kamas. - *Kouri Darden Richins (33) arrested (5/8/23) &
charged (6/5/23) with 2nd degree arraigned aggravated murder & 3 counts of possession of drugs with intent to distribute. Held without bond. Denied bond (6/12/23). DA will not seek DP (8/18/23).
Judge Richard Mrazik presiding. Prosecutor Patricia Cassell & Defense attorney Skye Lazaro.
Case & court info from 6/5/23 thru 7/5/23 reference post #455 here:
https://www.websleuths.com/forums/t...ted-death-last-year-may-2023-2.680663/page-23
8/18/23 Update: The Summit County Attorney’s Office told Third District Court Friday it will not seek the death penalty against Richins if she is convicted of murder.“ This decision was made in careful consultation with Eric Richins' father and his two sisters,” prosecutors wrote in the notice they filed Friday. Scheduling conference hearing on 9/1/23.
9/1/23 Update: The defense alleges the amount of discovery is so vast that they think it will be Feb. or March 2024 before they'll be ready for the Preliminary hearing. But the defense also didn't want to set a date today & agreed to return to Court for a status conference on 11/3/23 to set a date for the Preliminary hearing. Judge Richard Mrazik seemed perplexed about why if the defense has no issues with outstanding discovery, what's the hold up -- especially since the defendant is in custody! Attorney Skype Lazaro replied it was because she needed to "read everything" she received in discovery. Judge Mrazik reminded Lazaro the Preliminary hearing is about probable cause. Also on Friday, Nov. 3, Judge Richard Mrazik will hear a motion from state prosecutors to keep Richins from contacting her mother & brother while held in custody. Mrazik will also hear a motion from the defense to hold the state in contempt of court for allegedly violating a court gag order.
9/16/23 Update: Motion for No Contact Order filed by DA. The State of Utah respectfully requests that the Court enter a No Contact Order to prevent the defendant from further engaging in witness tampering. Her jail cell was searched & revealed a six-page, handwritten letter the defendant wrote to her mother, Lisa Darden & instruct Darden to induce the defendant's brother, Ronald to testify falsely in this matter.
9/19/23 Update: Memorandum in Opposition to Motion to Enforce Order & for Contempt Sanctions filed by State. The Court should deny the defendant's Motion to Enforce, as motion a "fire, aim, ready" reaction to the defendant's misconduct in the jail. The State has an obligation to protect this proceeding from witness tampering.
9/15/23 Update: On Sept. 15 defense attorney Skye Lazaro filed a response, accusing prosecutors of violating the same gag order they asked the court to impose. The defense attorney objected to the state filing the Sept. 14 letter on the public case docket. "This filing was the logical equivalent of sending directly to the media or posting it online," the defense wrote. The defense said the letter was inside of an envelope marked "Skye Lazaro (Attorney privilege)" & searching that envelope was "potentially illegal." Lazaro disputed the allegations of witness tampering, saying Lisa never received the letter & there's no evidence the other letter was destroyed, or even had anything illegal written on it in the first place. She said the state has repeatedly disregarded Kouri's privacy by filing documents publicly with her social security number & other sensitive information. The defense motioned for the court to enforce the partial gag order, which instructed attorneys in the case to abide by the rules of professional conduct. Lazaro said she would like the state held in contempt of court & for Third District Court Judge Richard Mrazik to impose sanctions. That may include striking the letter found in Kouri's jail cell from the docket or making it private.
9/29/23 Update: The attorneys for Richins is requesting another hearing so they could ask the judge to sanction the prosecution over their accusations against Richins of jury tampering & how they released the “Walk The Dog” letter to the public. The defense has also filed a motion fighting back on the state’s request to keep Richins away from her mother. They argued one of the reasons presented to the judge turned out to be wrong, so they believe the request to keep them apart is unfounded. In this week’s opposition letter to the no-contact motion, Richins’ defense team claimed that second letter was found after the state made their request. They believe the no-contact motion should be refused. The prosecution claimed the letter gives very clear instructions to Richins’ mother to instruct her brother on what to tell investigators. It stated that he needs to testify that Richins’ husband, Eric, was addicted to pain pills & that he would frequently take trips to Mexico to get them. The big question will be whether the "Walk the Dog" letter should have been sensitive information protected by attorney/client privilege. The state said no one has an expectation of privacy while in jail & everything in the cell could be used as evidence. The defense claimed the letter was addressed to her attorney, so it should have been privileged.
10/11/23 Update: Attorneys for Richins have filed a motion to dismiss all charges against her. Court documents claim that the prosecutors' actions have compromised her [Richins] right to a fair trial. In a motion filed this Wednesday, it was argued that the state inaccurately labeled Richins with "witness tampering," an offense they hadn't officially brought against her, as per court documents. In addition, the defense requested an order disqualifying the Summit County Attorney’s Office, moving the case to Salt Lake County, containing evidence related to the "Walk the Dog Letter," and instructing the jury to disregard the state's false claim of Richins' involvement in witness tampering.
10/16/23 Update: Prosecutors say Richins’ was writing instructions to her family on how to testify in court. Richins’ lawyers say she’s writing a “fictional book.” Either way, the prosecutors say they now want the whole manuscript — all 65 pages’ worth. Richins is currently in jail awaiting trial. Last month, jail officials found a paper that appeared to prosecutors to be telling her family members how they should testify in court. This week, prosecutors asked the court to compel Richins & her attorneys to turn over the rest of the so-called “Walk the Dog” document, which may contain another 60 to 65 pages. However, new court documents this week include a transcript of a phone call Richins made in jail to a family member explaining the controversy. In that transcript, Richins complains of unfair treatment both in how deputies obtained the Walk the Dog letter, and also in penalties for having it in her cell in the first place. She claims in the call she has had her phone calls limited to “voice only & only handwritten letters out, 90 days.” State files Statement of Relief Sought & Grounds re "Fictional Manuscript" Motion to compel Good Cause Disclosures by Margaret H. Olson filed on 10/12/23. Judge Richard Mrazik called a hearing that same day to sort through it all. He decided prosecutors won’t get extra time to respond to Lazaro’s motion to dismiss all charges. Instead, the first three motions—all related to the search of Kouri’s cell—will be handled at the 11/3/23 hearing already on the court’s calendar. Whether Lazaro has to hand over what Kouri gave her in the envelope the day of the search will be determined at a later date.