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.
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 County Attorney’s Office thinks there could be evidence inside that’s related to the death of Eric Richins, who was found deceased in bed by his wife during the early morning of March 4, 2022, after ingesting five times the lethal dose of illicit fentanyl, because of a six-page “Walk the Dog” letter that was discovered in Kouri’s cell in September.
Court filings made by the Richins family argue Kouri “had a financial motive to murder Eric.” She is involved in multiple civil suits in addition to the criminal 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, 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.
The County Attorney’s Office had raised concerns about witness tampering after the discovery of the “Walk the Dog” letter while Lazaro accused the state of prosecutorial misconduct and argued her client’s right to a fair trial had been compromised.
Kouri is being held without bail for the duration of her trial. She faces a first-degree felony aggravated murder charge, which carries a sentence of 25 years to life in prison if convicted, as well as three second-degree felonies for possession with intent to distribute a controlled substance.
Summit County will not seek the death penalty against the mother of three who is accused of fatally poisoning her husband and later writing a children’s book about grieving the loss of a parent.
Utah has not executed anyone since 2010. However, Ralph Leroy Menzies in October exhausted all appeals in his 1988 capital punishment case. The state is expected to sign a death warrant soon. There are five inmates on death row, all men.
A preliminary hearing date has not been set for Kouri, and her trial isn’t likely to start until after the spring.