Kouri Richins: Will A Mountain Of Debt Be Enough To Prove Aggravated Murder?

The Utah Summit County courtroom where Kouri Richins stood trial for the murder of her husband, Eric Richins, suddenly concluded for the weekend. Interestingly, the defense rested their case without calling any witnesses. And that tells a story.

Years Of More Legal Wrangling?

With a history in law enforcement and prosecution, personally, I found the entire case rather intriguing given the amount of circumstantial evidence. It also signals that the defense believes they have a very strong case for an appeal. This case, potentially, could take years of more legal wrangling.

Some true crime followers who watched the segment of the defense resting felt it was because the defense felt they had no chance and could land Kouri in deeper water. However, it seems unlikely. In fact, it also smacks of a very clever move.

Why Rest The Case?

Either they believe they have sufficient evidence to push for a mistrial: or, they know they could win later. After all, by not calling witnesses and or putting Kouri on the stand, they basically send a message that the state has nothing to attack during an appeal.

In law, if people get put on the stand, then it simply gives the prosecution more people with questionable stories. Plus, it gives the state more basis for argument later on. In essence, the resting of the case is a way of saying to the court, “You couldn’t prove it with 42 witnesses and four years. We don’t need to prove anything.”

A Missing Link

True crime followers know that prosecutors spent weeks trying to prove Kouri poisoned her husband, Eric, with a fentanyl-laced Moscow Mule. While they talked so convincingly about motive, what they never solidly put on the table was a tie between Kouri Richins and a murder weapon.

In fact, even the lead detective, Jeff O’Driscoll admitted on the stand that in four years, they found zero fentanyl in the house.

Also missing, was the vital fact that nobody and no cameras actually caught her putting anything in that drink. Oh yes, there was a witness, I hear you say. Well, yes, but potentially a highly debatable one.

The Debatable Witness

Certainly, it seemed evident that the housekeeper testified on the grounds of immunity, herself. Her get out of jail card was her testimony. And, her evidence didn’t quite tie up with the dealer who supplied the alleged drugs in the first place.

In fact, his testimony seems like a huge blow to the prosecution case. Robert Crozier signed a sworn affidavit saying he never sold fentanyl to anyone connected to Kouri. Instead, he sold OxyContin. Making it worse, allegedly, the prosecution knew that already, but didn’t submit the evidence to the defense team.

The Brady Violation

In American law, that’s known as a Brady violation. Basically, it means that they hid evidence that could have helped Kouri Richins. In the past, cases were overruled on appeal because of that.

Actually, it seemed a bit surprising that the judge didn’t declare a mistrial then and there.

The Detective In Charge

Next up, is Detective O’Driscoll. Perhaps you served in law enforcement. Or, maybe you love watching true crime investigative documentaries on TV. Did he seem rather too keen to push for a conviction of murder?

Going beyond investigating neutrally, he appeared instead, to almost haunt her. Commonly known as tunnel vision, did he really allow for any possibility other than his own preconceived ideas? How strong is his case that seemed to work backward from Kouri to the crime instead of the other way round?

Pre-trial, the defense argued that he actually threatened witnesses if they didn’t fully cooperate. And allegedly, a witness ended up being coached so the state could “convict Kouri for aggravated murder”.

The Jury

The defense might bet on the jury noting the bias. If that is the case, a few members of the jury might buy into the entire investigation being off right from the start. Notably, it’s something the defense could use effectively on appeal.

When the jury returns on Monday, providing they don’t string it out for days on end, they’ll have had days to consider the State’s mountain of circumstantial evidence. Whether you agree that finding a jury without bias from a small community is possible, or not, they had limited access to the case of the defense.

And that total silence, when they rested could cause some confusion among them. Getting back into that Park City courtroom this Monday morning, some viewers suggested they rested because they can’t justify her innocence. But, in fact, that might turn out to be the total opposite.

Common Sense Considerations

Of course, the jury knows from announcements in court that they have to “use common sense.” The State argues that it’s statistically impossible for Eric to have gotten a lethal dose of fentanyl himself in the middle of the night.

Really? What about the unreliable housekeeper witness? Plus, what about the locked door theory? The State says she locked it to let Eric die: but, why didn’t the investigators prove the door was actually lockable from the outside from the get-go?

Not The End

If the jury returns a guilty verdict this Monday, don’t expect an ending. The defense probably already set up a massive appeal. Actually, one witness mentioned “jail cells.” Of course, that let the jury know about her being behind bars. Notably, that ties into the production of the so-called “Walk the Dog” letter.

If the jury knows someone was behind bars, they obviously believe there’s a darned good reason for it. Once again, that was a chance to push for a mistrial, However, the judge wouldn’t consider it. The angle seemed to be that even a tiny bit of evidence was admissible if it helped find Kouri Richins guilty.

Obviously for the defense it brings an opportunity to argue that a tiny suspicion isn’t enough for “beyond reasonable doubt.” And, certainly given the unreliability of the housekeeper witness, the appeal could move to a full retrial.

A Liar? Yes, Probaly

Actually, Kouri could be a liar. Additionally, she might be a forger regarding her husband and finances. But, being a bad person doesn’t necessarily make someone a murderer.

Basically, next week, the jury of 12 will have to decide if a boatload of debt is enough to prove she physically killed the father of her children. If they can’t link the fentanyl to Kouri, they have nothing. And if they try it…well, you can bet your last dollar that the defense lawyers already have their appeal written up and ready to file.

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