UT - Kouri Richins, 33, Author, wife, mom, charged in husband’s unexpected death last year, May 2023 #2

[Seattle1]

So... no upcoming hearings scheduled yet? TIA!

Confirmed. As of today, No hearings within the next 30 days in 3rd District Court -- Silver Summit.

Court Calendar Search Results - Utah Courts

legacy.utcourts.gov

 

[Niner]

Confirmed. As of today, No hearings within the next 30 days in 3rd District Court -- Silver Summit.

Court Calendar Search Results - Utah Courts

legacy.utcourts.gov

Thanks for checking!

 

[arielilane]

Former Summit County attorney argues for release of attorney-client labeled envelope in Kouri Richins case

Dec 26, 2023

Former Summit County attorney argues for release of attorney-client labeled envelope in Kouri Richins case​

Defense has until Jan. 12 to respond to sealed filing​

Kouri Richins’ legal defense has two weeks to respond to court documents arguing the manila envelope containing 60 pages written by the Kamas mother charged with the murder of her husband is not protected under attorney-client privilege.
Jami Brackin, a former Summit County attorney known for her legislative and land-use expertise who now works as the deputy city attorney for St. George, filed a memorandum in support of the release of the contents on Friday. Brackin was selected as the state’s third-party representative earlier this month as ordered by the Third District Court.

…

A preliminary hearing date has not been set for Kouri, and her trial isn’t likely to start until after the spring.

 

[Seattle1]

Conclusion: As of 12/18/23, it's not clear whether or not the Prosecutor has selected a "Taint Attorney" or if parties agreed to the best way to proceed (before December), as previously requested by Judge Mrazik. There's also no evidence that the Court set a December Closed hearing.

^^rsbm

OK, it appears the prosecutor selected a taint attorney (Jami Brackin) as instructed by the Court, and the defense isn't going to make this easy. This is the second time KR's defense has changed their mind -- citing the envelope contents privileged. We should expect the prosecution seeking a hearing after January 12. MOO

Former Summit County attorney argues for release of attorney-client labeled envelope in Kouri Richins case

Kouri Richins’ legal defense has two weeks to respond to court documents arguing the manila envelope containing 60 pages written by the Kamas mother charged with the murder of her husband is protected under attorney-client privilege.

www.parkrecord.com

12/26/23

Judge Richard Mrazik ruled in November that an independent attorney should review the potentially sensitive documents to help determine what is, and isn’t, relevant to the murder case.

[..]

The writing was allegedly authored by Kouri and appeared to instruct her brother and mother to provide false testimony on her behalf. Kouri claimed the letter was an excerpt from a fictional mystery book she’s writing about drugs and a Mexican prison.

The envelope in question may contain part of the story, but that doesn’t mean the writing is protected under attorney-client privilege. Skye Lazaro, who is leading the defense, has asserted the envelope contains sensitive information.

Under the court order, [Jami] Brackin reviewed the material to argue why the defense should turn it over to the state. The filing was sealed to ensure prosecutors are unaware of the contents until the judge makes a ruling on whether it’s attorney-client privilege.

[..]

The defense now has two weeks to file a response arguing why the envelope shouldn’t be public. Then, Brackin will be given until Jan. 12 to respond. The County Attorney’s Office is expected to ask the court to make a decision, which means a hearing could be scheduled.

Kouri has not appeared in court since early November, when Mrazik denied a no-contact order filed by prosecutors and a motion to dismiss the case made by the defense.

[..]

@Niner

 

[BeachSky]

^^rsbm

OK, it appears the prosecutor selected a taint attorney (Jami Brackin) as instructed by the Court, and the defense isn't going to make this easy. This is the second time KR's defense has changed their mind -- citing the envelope contents privileged. We should expect the prosecution seeking a hearing after January 12. MOO

Former Summit County attorney argues for release of attorney-client labeled envelope in Kouri Richins case

Kouri Richins’ legal defense has two weeks to respond to court documents arguing the manila envelope containing 60 pages written by the Kamas mother charged with the murder of her husband is protected under attorney-client privilege.

www.parkrecord.com

12/26/23

Judge Richard Mrazik ruled in November that an independent attorney should review the potentially sensitive documents to help determine what is, and isn’t, relevant to the murder case.

[..]

The writing was allegedly authored by Kouri and appeared to instruct her brother and mother to provide false testimony on her behalf. Kouri claimed the letter was an excerpt from a fictional mystery book she’s writing about drugs and a Mexican prison.

The envelope in question may contain part of the story, but that doesn’t mean the writing is protected under attorney-client privilege. Skye Lazaro, who is leading the defense, has asserted the envelope contains sensitive information.

Under the court order, [Jami] Brackin reviewed the material to argue why the defense should turn it over to the state. The filing was sealed to ensure prosecutors are unaware of the contents until the judge makes a ruling on whether it’s attorney-client privilege.

[..]

The defense now has two weeks to file a response arguing why the envelope shouldn’t be public. Then, Brackin will be given until Jan. 12 to respond. The County Attorney’s Office is expected to ask the court to make a decision, which means a hearing could be scheduled.

Kouri has not appeared in court since early November, when Mrazik denied a no-contact order filed by prosecutors and a motion to dismiss the case made by the defense.

[..]

@Niner

From your link:
The writing was allegedly authored by Kouri and appeared to instruct her brother and mother to provide false testimony on her behalf. Kouri claimed the letter was an excerpt from a fictional mystery book she’s writing about drugs and a Mexican prison.
________
JMO
Skye Lazaro. You got to wonder what she REALLY thinks of her book writer client….

 

[SteveS]

OK, it appears the prosecutor selected a taint attorney (Jami Brackin) as instructed by the Court, and the defense isn't going to make this easy. This is the second time KR's defense has changed their mind -- citing the envelope contents privileged. We should expect the prosecution seeking a hearing after January 12. MOO

Respectfully, I don't see anything here (in the link you posted, or in the events that have happened) to say the defense has changed their approach.

The argument is over the nature of the contents of the so-called 60-page book. She was caught with a 6 page letter which was confiscated, and which on its face had details for her mother and brother to invent testimony that would help her case. She claimed the 6 page letter was fiction, and part of a 60-page book. When the state asked for the book, as relevant evidence to the question of whether she was trying to solicit false testimony, they were given the runaround by the defense who replied that it was attorney-client privileged.

She is claiming it is BOTH an innocent book, that might one day be published, and at the same time private communications only for her attorneys. That's the essence of the defense's approach, and it has never changed. As to how that's possible (rather than self-contradictory nonsense), the state's not buying it and the judge is delving into it to make a determination.

What has happened so far in that process is that ...
1 the state said "Let us see it, and we can figure out if it is indeed attorney-client privileged material",
2 the defense - and the judge - replied that (a) you cannot be impartial, and (b) once you see its content, there's no way to protect whatever is attorney-client info, as you will already have all of its contents,
3 so the judge appointed an outsider (Brackin, the "taint attorney") to look at the "book" and see if it's the sort of content that needs to be attorney-client protected,
4 Brackin has now looked at it, and said it is not attorney-client stuff at all, and
5 the judge has given the defense 2 weeks to give their argument in writing as to why it SHOULD BE attorney-client.

That's where we are so far. After the defense replies, Brackin will be given a chance (deadline Jan 12) to provide a written response to the defense's arguments. Then there will be a decision made, although it's likely there will also be a hearing in which both sides are heard, with perhaps the state in attendance as well, before the judge rules.

In all of that, the defense's attitude hasn't really changed, consistently being that the "book" proves their side of the story about the 6-page letter, but the state doesn't have the right to see the content of that proof and see if it's a valid claim by Khouri or not, since Khouri gave it to her attorney.

ETA - Interestingly, Khouri using the 6-page letter excuse that "it's all part of a book I'm writing" works strongly against her, in her quest to keep any of it unseen. She is allowed her own private notes, written to be provided to her attorney, but she loses that layer of protection if the end audience is not herself (for her own use) or her attorney.

 

[neesaki]

^^rsbm

OK, it appears the prosecutor selected a taint attorney (Jami Brackin) as instructed by the Court, and the defense isn't going to make this easy. This is the second time KR's defense has changed their mind -- citing the envelope contents privileged. We should expect the prosecution seeking a hearing after January 12. MOO

Former Summit County attorney argues for release of attorney-client labeled envelope in Kouri Richins case

Kouri Richins’ legal defense has two weeks to respond to court documents arguing the manila envelope containing 60 pages written by the Kamas mother charged with the murder of her husband is protected under attorney-client privilege.

www.parkrecord.com

12/26/23

Judge Richard Mrazik ruled in November that an independent attorney should review the potentially sensitive documents to help determine what is, and isn’t, relevant to the murder case.

[..]

The writing was allegedly authored by Kouri and appeared to instruct her brother and mother to provide false testimony on her behalf. Kouri claimed the letter was an excerpt from a fictional mystery book she’s writing about drugs and a Mexican prison.

The envelope in question may contain part of the story, but that doesn’t mean the writing is protected under attorney-client privilege. Skye Lazaro, who is leading the defense, has asserted the envelope contains sensitive information.

Under the court order, [Jami] Brackin reviewed the material to argue why the defense should turn it over to the state. The filing was sealed to ensure prosecutors are unaware of the contents until the judge makes a ruling on whether it’s attorney-client privilege.

[..]

The defense now has two weeks to file a response arguing why the envelope shouldn’t be public. Then, Brackin will be given until Jan. 12 to respond. The County Attorney’s Office is expected to ask the court to make a decision, which means a hearing could be scheduled.

Kouri has not appeared in court since early November, when Mrazik denied a no-contact order filed by prosecutors and a motion to dismiss the case made by the defense.

[..]

@Niner

Seems like a stall tactic by the defense, but the longer they drag it out, the longer KR sits in jail. So at least that’s good. She made her bed, now she can lie in it.
Not that I think she’ll ever get out anyway, but hopefully we’ll see.. someday.

 

[Seattle1]

Respectfully, I don't see anything here (in the link you posted, or in the events that have happened) to say the defense has changed their approach.

^^rsbm

I've been pretty dedicated to keeping up the MEDIA ONLY THREAD and suggest OP view that thread for the data supporting my "conclusion" quoted by OP. Also, nowhere in my post did I state that the defense changed their approach.

What I said was that it was the second time the defense changed their mind: first, the defense changed what the parties initially agreed to in writing, and second, they're denying how the parties agreed to move forward using a taint attorney where the independent professional would turn over any content from the envelope to the prosecution not deemed privileged information.

Instead, the defense is taking the position to dig in there heels and not share any content from the envelope whatsoever because 100% is privileged information.

If true, there would have never been any reason to appoint a taint attorney! Not to mention it's not what the Court requested of the parties nor was it the expectation of the prosecution.

IMO, Attorney Lazzaro is relying entirely on the argument that from an ethical standpoint to her client, her hands are tied whereas I think the defendant's course of conduct indicates that the Envelope contains additional non-privileged material that will help the State prepare its case for trial, including the letter written by another inmate. If Lazzaro feels her hands are tied, Kouri alone is responsible for throwing mud in her attorney's water. JMO

 

[SteveS]

I've been pretty dedicated to keeping up the MEDIA ONLY THREAD and suggest OP view that thread for the data supporting my "conclusion" quoted by OP. Also, nowhere in my post did I state that the defense changed their approach.

My apologies, then, I thought that when you said they "changed their mind" that that's what you meant. I did acknowledge they tried to play it both ways re the book early on, but once push came to shove, I haven't seen any alteration from the privilege claim for them.

.... and second, they're denying how the parties agreed to move forward using a taint attorney where the independent professional would turn over any content from the envelope to the prosecution not deemed privileged information.

Instead, the defense is taking the position to dig in there heels and not share any content from the envelope whatsoever because 100% is privileged information.

It appears to me you may have a misunderstanding of what the article is saying has happened recently, in saying the defense has "dug in their heels."

Nothing of the sort was reported. The defense did not somehow refuse to do as instructed. The defense turned over the book (as they must), the judge appointed the TA ("the state’s third-party representative" or "independent attorney"), who was given the 60-page "book" to review for privileged content before the state would be allowed to see its contents, and who then provided an opinion to the court.

At this point, there has been nothing to turn over yet to the state, because a final determination of "privileged or not" has not been made by the judge. And while the article doesn't address the question, I suspect the book has been retained in custody of the court at this time, not the defense, as this plays out. Without that, how could the TA review it?

The judge is following his process to make such a determination.

Where you may be confused is that the TA himself is like an expert witness - they do not make the decision, but instead the judge does.

At this point, per the article the TA has already said "No, this is not privileged" and probably has also already outlined why. But the JUDGE has now sent it back to the defense and in essence said, "The TA has taken an unbiased look and says you are overstepping. What did he miss, if anything?" When they answer, he will let the TA answer back. Then he will rule.

The defense is only following the judge's procedure here. There's been no refusal to comply.

For those who want to read the article, it is here >>> Former Summit County attorney argues for release of attorney-client labeled envelope in Kouri Richins case

 

[RickshawFan]

Respectfully, I don't see anything here (in the link you posted, or in the events that have happened) to say the defense has changed their approach.

The argument is over the nature of the contents of the so-called 60-page book. She was caught with a 6 page letter which was confiscated, and which on its face had details for her mother and brother to invent testimony that would help her case. She claimed the 6 page letter was fiction, and part of a 60-page book. When the state asked for the book, as relevant evidence to the question of whether she was trying to solicit false testimony, they were given the runaround by the defense who replied that it was attorney-client privileged.

She is claiming it is BOTH an innocent book, that might one day be published, and at the same time private communications only for her attorneys. That's the essence of the defense's approach, and it has never changed. As to how that's possible (rather than self-contradictory nonsense), the state's not buying it and the judge is delving into it to make a determination.

What has happened so far in that process is that ...
1 the state said "Let us see it, and we can figure out if it is indeed attorney-client privileged material",
2 the defense - and the judge - replied that (a) you cannot be impartial, and (b) once you see its content, there's no way to protect whatever is attorney-client info, as you will already have all of its contents,
3 so the judge appointed an outsider (Brackin, the "taint attorney") to look at the "book" and see if it's the sort of content that needs to be attorney-client protected,
4 Brackin has now looked at it, and said it is not attorney-client stuff at all, and
5 the judge has given the defense 2 weeks to give their argument in writing as to why it SHOULD BE attorney-client.

That's where we are so far. After the defense replies, Brackin will be given a chance (deadline Jan 12) to provide a written response to the defense's arguments. Then there will be a decision made, although it's likely there will also be a hearing in which both sides are heard, with perhaps the state in attendance as well, before the judge rules.

In all of that, the defense's attitude hasn't really changed, consistently being that the "book" proves their side of the story about the 6-page letter, but the state doesn't have the right to see the content of that proof and see if it's a valid claim by Khouri or not, since Khouri gave it to her attorney.

ETA - Interestingly, Khouri using the 6-page letter excuse that "it's all part of a book I'm writing" works strongly against her, in her quest to keep any of it unseen. She is allowed her own private notes, written to be provided to her attorney, but she loses that layer of protection if the end audience is not herself (for her own use) or her attorney.

Thanks so much for laying this out so clearly. With the holidays and all, the strands of the situation were getting murky, for me at least.

 

[neesaki]

Summit County chief prosecutor of over 7 years retiring

Summit County Chief Prosecutor Patricia Cassell will retire at the end of February.

www.kpcw.org

Quote from article:

“ Cassell’s departure comes as another Summit County prosecutor, Janet Elledge, takes retiring Judge Shauna Kerr’s seat in justice court. Despite turnover, Olson says she’s not worried about managing the caseload.

“Our office has anticipated this announcement for several months and have been working on case assignments and rearranging staffing in order to accommodate Trish’s [Cassell’s] departure,” she said.

That includes the Kouri Richins murder case, which has garnered national and international media attention.”

 

[Seattle1]

Lazaro said it’s privileged information, but after much discussion Nov. 3, she agreed to give a third-party attorney Kouri’s 60 additional pages and the other inmate’s letter.

Prosecutors will select that attorney, and Mrazik will issue a strict order later about who is allowed to see the documents.

He indicated during the Nov. 3 hearing he would prefer prosecutors not see what was in the envelope, and the attorney they select to review it would act in their interest.

The judge told both sides to meet and decide the best way to proceed before December. Then he’ll set up a closed hearing to see if the writings are, first, actually privileged and, second, relevant to the case.

^^rsbm

Until the Court determines whether or not the content of the "Envelope" is 1) actually privileged information or 2) relevant to the case, I don't think the public will receive information on what is happening in the "closed hearing" that was initially expected to take place in December. JMO

 

[SteveS]

Until the Court determines whether or not the content of the "Envelope" is 1) actually privileged information or 2) relevant to the case, I don't think the public will receive information on what is happening in the "closed hearing" that was initially expected to take place in December. JMO

I am not quite sure the distinctions you are trying to make, but this ^ sounds like it's on track.

We have been getting news reports on what's happening, even if there's not a lot to know yet.

The "closed hearing" is the decision point for the status of the "book." That certainly has not happened yet, but it sounds like it's slated for Jan 12 or shortly thereafter. Once that happens, we will know more, but we may never know the contents of the book (or of the arguments about whether it is attorney-client stuff), expecially if the defense wins the argument.

I do have one new item to add. After reading further, I don't think Brackin was tasked with making an unbiased analysis, but rather given the chance to represent the state and argue about the contents on the issue of privilege. He's an advocate, but one who is not involved in the case itself (and is not allowed to share what he sees or comes to know).

As was reported, his argument has already been given to the court, and then forwarded to the defense, but the contents of that document are under seal (ie, it is inaccessible to everyone except the defense and the judge).

Now the defense has Brackin's argument, and is being given a chance to rebut Brackin and argue their side, with a deadline to submit their response. The deadline date was not in the article, but a good guess is Jan 8.

At that point, Brackin will then be given a chance (several days to a week) to write a rebuttal to the defense's document and arguments, and submit it to the court.

On Jan 12 or shortly thereafter, there will be a hearing to make a final determination on the "book." It will be "closed" -- no one except Brackin, the defense, and the judge, with no outsiders, including journalists. I would expect the state's attorneys for the case, and staff, will also be excluded. But while its result will ultimately be known, the hearing itself wouldn't have any reporters hearing the details. And if the defense wins the hearing, the content of the book will continue to be unknown to us, even after the hearing.

That's how I read things, with it all coming from the news article in late Dec that reported what has been happening, and that you are familiar with: Former Summit County attorney argues for release of attorney-client labeled envelope in Kouri Richins case

 

[arielilane]

Prosecutors allege the documents could be important evidence. Jailers recorded Kouri telling her brother over the phone the pages are part of another fictional book.

Mrazik appointed Jaime Brackin, deputy city attorney for St. George and former deputy Summit County attorney, to review the material for prosecutors. She isn’t allowed to tell prosecutors what the envelope contains, but it’s her job to argue the defense should hand it over.

If the court rules the documents aren’t privileged, that doesn’t automatically mean they’ll become public. The court then needs to determine if they’re relevant to the case.

Brackin filed her initial argument under seal Dec. 22. The defense has two weeks to respond and a hearing will be scheduled by mid-January.

Until the dispute over the rest of Kouri’s writing is settled, the court won’t schedule a preliminary hearing or move on to jury selection. The murder trial is still months away, at least.

Kouri Richins was arrested over seven months ago. What happens now?

After deputies arrested Kouri Richins for her husband Eric’s murder in May, she made national headlines—NPR listed it as one of the top stories of 2023.

www.kpcw.org

December 27, 2023 at 5:45 PM MST

 

[arielilane]

SUMMIT COUNTY, Utah (Scripps News Salt Lake City) — Medical examiners found traces of Kouri Richins‘ anti-psychotic medication in her husband’s system during an autopsy following his death in March 2022.

The new detail was made public Thursday after search warrants in the high-profile case were unsealed.

Prosecutors charged Kouri Richins with aggravated murder after she allegedly poisoned her husband, Eric, with a drink containing five times the lethal dose of fentanyl.

However, one search warrant showed that a small amount of Quetiapine was also found in Eric Richins’ stomach during the autopsy. Kouri told detectives that she had been prescribed the anti-psychotic as a sleeping aid, but the medical examiner’s office said that is not the intended use of the medication.

...

Kouri Richins' anti-psychotic medication found during husband's autopsy

The medical examiner found traces of a drug prescribed to Kouri Richins in her husband's system during his autopsy.

www.courttv.com

Posted at 6:26 PM, January 5, 2024

 

[arielilane]

A few more substantially similar articles about an autopsy found KRs' medication in ERs' system.

Kouri Richins' anti-psychotic medication found in husband's system during autopsy

Medical examiner's found traces of Kouri Richins' anti-psychotic medication in her husband's system during an autopsy following his death in March 2022.

www.fox13now.com

last updated 5:00 PM, Jan 05, 2024

Search warrant: Autopsy found Kouri Richins’ medication in late husband’s system

A recently unsealed warrant in the investigation into Eric Richins’ death shows he had an antipsychotic medication in his stomach after he died. It hadn’t been prescribed to him but to his wife Kouri, who’s awaiting trial for his murder.

www.sltrib.com

Jan. 5, 2024, 2:12 p.m.

 

[Seattle1]

However, one search warrant showed that a small amount of Quetiapine was also found in Eric Richins’ stomach during the autopsy. Kouri told detectives that she had been prescribed the anti-psychotic as a sleeping aid, but the medical examiner’s office said that is not the intended use of the medication.

Quetiapine is an antipsychotic medication that treats several kinds of mental health conditions including schizophrenia and bipolar disorder. It balances the levels of dopamine and serotonin in your brain. These hormones help regulate your mood, behaviors and thoughts. The brand name of this medication is Seroquel®.

Quetiapine (Seroquel): Uses & Side Effects

Quetiapine (Seroquel) is an antipsychotic that treats schizophrenia and bipolar disorder. It balances dopamine and serotonin in your brain.

my.clevelandclinic.org

Nope. Not one off label use to I find for Seroquel as a sleep aid.

 

[iamshadow21]

Quetiapine is an antipsychotic medication that treats several kinds of mental health conditions including schizophrenia and bipolar disorder. It balances the levels of dopamine and serotonin in your brain. These hormones help regulate your mood, behaviors and thoughts. The brand name of this medication is Seroquel®.

Quetiapine (Seroquel): Uses & Side Effects

Quetiapine (Seroquel) is an antipsychotic that treats schizophrenia and bipolar disorder. It balances dopamine and serotonin in your brain.

my.clevelandclinic.org

Nope. Not one off label use to I find for Seroquel as a sleep aid.

It is used off label for anxiety. I was prescribed an ultra low dose at one point for that purpose. I didn't find it helpful, but apparently some do.

MOO

 

[Seattle1]

It is used off label for anxiety. I was prescribed an ultra low dose at one point for that purpose. I didn't find it helpful, but apparently some do.

MOO

Sorry it did not work for you -- as you stated, it is prescribed off label to treat anxiety. I was talking about KR's claim for off-label use when there's no evidence to support her claim. Regardless, no reason it should be found in her husband's toxicology!

 

[chimpface]

Sorry it did not work for you -- as you stated, it is prescribed off label to treat anxiety. I was talking about KR's claim for off-label use when there's no evidence to support her claim. Regardless, no reason it should be found in her husband's toxicology!

I've definitely read online anecdotally of it being prescribed as a sleep aid.