- Judge Richard Mrazik said a notebook with Kouri Richins' first-hand account of her husband's death could potentially be used at her trial.
- He also addressed the admissibility of evidence of Eric Richins' abuse and drug use, the "Walk the Dog" letter and multiple motions around trial evidence.
- Kouri Richins' trial on allegations she killed her husband begins Feb. 10.
PARK CITY — The judge overseeing Kouri Richins' jury trial beginning next month said five pages from an orange notebook found in her home could be used at trial if prosecutors "make a showing," denying a request to admit it ahead of trial and outlining what requirements need to be met for them to use it as evidence.
This was one of many rulings 3rd District Judge Richard Mrazik made during a closed hearing on Thursday where attorneys from both sides argued about whether certain evidence could be brought into the trial. The details and reasoning behind the rulings given at the hearings have not been made public, and Mrazik said Wednesday the audio record of the hearing would remain private, citing concerns that potential jury members who have already returned forms would see details that have not yet been made public.
An outline of the hearing was published shortly after it finished.
Prosecutors' motion to use the first five pages of the orange notebook said it includes Kouri Richins "firsthand account" of the day her husband died.
"They contain certain details regarding timeline, the defendant's movements, and what Eric Richins consumed, among other relevant details. These details, especially when compared with other evidence in the case, tend to make it more probable that the defendant poisoned Eric Richins with fentanyl," the motion states.
Richins' attorneys contested allowing the notebook, claiming prosecutors have no way of knowing when the account was written or under what circumstances. They argued it could be used in response to potential testimony from Richins if her account contradicts it, but not in their case in chief.
Kouri Richins, 35, is a Kamas mother and real estate agent charged with aggravated murder and attempted aggravated murder, first-degree felonies, two counts of insurance fraud, a second-degree felony, and forgery, a third-degree felony. She also has a separate case with additional financial charges.
She is accused of attempting to kill her husband on Feb. 14, 2022 and of killing him almost a month later.
The motion to include the letter titled "Walk the Dog," which was found in Kouri Richins' jail cell was partially granted, but court records don't yet show what portions will be able to be used in the trial.
The judge said he would wait to rule at the trial, and after a conversation outside the presence of the jury, whether evidence that Eric Richins used drugs in high school can be shown to the jury.
Mrazik granted a motion from prosecutors asking that evidence Eric Richins may have abused Kouri Richins not be allowed at trial. The motion said Kouri Richins told her father-in-law that her husband punched her and gave her a black eye and lip. It said she told her father-in-law she would provide video of the incident and never did, and none was found on her phone.
Prosecutors with the Summit County Attorney's Office claimed the information was not relevant and would cause prejudice and be "improper character evidence."
Multiple motions the judge ruled on were filed privately, and the evidence they address is not outlined in public notes from Thursday's hearing. In some, Mrazik ruled in favor of Richins, and in others he ruled in favor of the prosecutor.
He admitted some portions of an interview with Kouri Richins, but said he would wait to decide on others. Mrazik also said he was not ready to rule on certain jail calls and text messages prosecutors want to be able to use in their case.
Court records indicate the judge will address any other motions about what can be brought into trial during a hearing on Feb. 2. The jury trial is scheduled to begin with jury selection on Feb. 10.
This was the second of two days of hearings to prepare for the trial. On Wednesday, Mrazik considered whether certain expert witnesses will be allowed at the trial.
