Seattle1
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Confirmed. As of today, No hearings within the next 30 days in 3rd District Court -- Silver Summit.So... no upcoming hearings scheduled yet? TIA!
Confirmed. As of today, No hearings within the next 30 days in 3rd District Court -- Silver Summit.So... no upcoming hearings scheduled yet? TIA!
Confirmed. As of today, No hearings within the next 30 days in 3rd District Court -- Silver Summit.
^^rsbmConclusion: 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.
From your link:^^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 - Park Record
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
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
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.^^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 - Park Record
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
^^rsbmRespectfully, 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.
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.
.... 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.
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.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.
“ 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.”
^^rsbmLazaro 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.
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
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.
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.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.
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!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
I've definitely read online anecdotally of it being prescribed as a sleep aid.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!