As Prosecutors Rest, Judge Won't Dismiss Charges Against Kouri Richins

Описание: Prosecutors in Summit County, Utah, rested their murder case against Kouri Richins this morning, so her lawyers asked the judge to enter a "directed verdict" in her favor.

The request is standard in criminal and civil trials and involves the defense arguing that prosecutors or the plaintiff's lawyers have not presented enough evidence to justify jurors even considering the charges or claims and the judge should instead end this nonsense right now by entering a verdict in the defendant's favor or dismissing the charges.

It rarely works, and it didn't today when Richins' young gun lawyer Alexander Ramos asked Judge Richard Mrazik to dismiss her charges.

00:17 Ramos: "At the conclusion of the evidence by the prosecution which has just been done, the court may issue an order dismissing any information or indictment or any account thereof, upon the ground that the evidence is not legally sufficient to establish the offense or offenses charged therein, or any lesser included offense."

01:12 "Even looking at the all the inferences in favor of the state, we do not believe that the state has proven a specific intent to defraud. As it relates to the forgery, there's no proof that the signature was done without Eric's authority, and even assuming that the defendant Ms. Richins signed on behalf of Eric with or without permission, it does not that itself does not conclusively presume that because she signed the name of Eric, that a forgery has occurred."

02:21 "It was a bit difficult to follow through the testimony as to exactly what the state's position is."

03:14 "What the evidence has shown thus far has been that Ms. Richins sought and procured oxy from Ms. Lauber, that while Ms. Lauber indicated that it was fentanyl" Crozier said he "did not provide fentanyl. Rather, he provided prescription grade oxy."

08:20 "What the state needed to provide or prove put forth evidence is that at the moment that Ms. Richins allegedly signed on behalf of Mr. Richins for $100,000 term life insurance, that at that moment she knew that she was going to attempt to take her husband's life, and I don't believe they've met that, judge."

13:27 Prosecutor Brad Bloodworth
"Can I perhaps begin by asking the court if the court has any particular element that they would like to the state to speak on?"
"No, I understand the standard I believe I understand the state's theory on each of the counts, especially one, two, three and four. Speak to count five, if you want."

14:38 "The timing doesn't matter for count three, but the timing does matter for count four, or sorry, count five, that at the as it relates to count five at the time, she forged Eric Richins' signature, ... she intended to defer

17:10 Ramos rebuttal

17:55 Judge rules

17:58 "The issue before the court is defendant's motion for a directed verdict seeking dismissal of counts one through five."

18:47 "When evaluating a motion for directed verdict, the court is not free to weigh the evidence and thus invade the province of the jury, whose prerogative it is to judge the facts. Rather, the court's role is to determine whether the state has produced believable evidence on each element of the crimes from which a jury, acting reasonably, could convict the defendant not will, not would, but could. Moreover, the evidence must be viewed in the light most favorable to the state."

19:30 "The court finds that the state has established a prima facie case against defendant, Kouri Richins, by producing believable evidence of each element of each crime charged in the operative information. Defendant's motion for directed verdict is respectfully denied."

Background:

Kouri Richins, 35, is accused of fatally poisoning her husband, Eric Richins, with fentanyl at their home in Kamas, Utah, in March 2022. After he died, she self-published a children's book she authored titled "Are You With Me?" about coping with grief.

Eric Richins, 39, was found dead in their home on March 4, 2022.

Prosecutors allege Kouri dropped a lethal dose of fentanyl in a Moscow Mule cocktail she prepared for him. They say she was motivated by money because she owed nearly $5 million to lenders and had changed her husband's life insurance policies prior to his death while also taking out a home equity line of credit without his knowledge. She also was in a romantic relationship with another man.

Her defense is that her husband died of a self-inflicted overdose and his family pressured police to implicate her.

You can watch the prosecution's opening statement here    • Greed & Lust Drove Kouri Richins To Poison...   and the defense opening statement here:    • Defense Says Kouri Richins' Husband Overdo...  

Prosecutors allege she previously tried to murder him by poisoning his sandwich on Valentine's Day 2022, which her husband told a friend about.

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