Attorneys argue Kouri Richins’ ‘Orange Notebook’ details night of husband’s death

PARK CITY, Utah (KUTV) — Prosecutors want an “Orange Notebook” admitted into evidence in the case, saying “it bears directly on the Defendant’s agency in Eric Richins’ death.” In the filing they say the first five pages of notebook “contain the Defendant’s handwritten journal detailing the events of March 3-4, 2022, the night of Eric Richins’ death.”

Prosecutors say that Kouri admitted she wrote the Orange Notebook, that it is her handwriting in it and that it contains information that only she would know.

The filing goes on to say the first five pages of the Orange Notebook “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.”

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Towards the end of the filing prosecutor’s write, “Nothing about the first five pages is unfairly prejudicial. They do not appeal to the jury’s sympathies, arouses its sense of horror, or provoke its instinct to punish. The first five pages do not describe or delight in Eric Richins’ death. Nobody forced or coerced the Defendant to write the Orange Notebook. The Defendant holds a master’s degree. She journaled risking the likelihood that detectives would find it and recognize it for what it is. Any prejudice is entirely fair and well-earned.”

Arguments were heard earlier in the case regarding the Orange Notebook where prosecutors said it was improperly obtained initially on May 8, 2023 since their search warrant did not include any “documents or writings.” A second search warrant was applied for and received the same day that included “documents and writings” but it was after the Orange Notebook was already seized by police. Four additional searches also happened at the home after that say that included warrants for documents and writings. Prosecutors argued the “seizure of the notebook was inevitable pursuant to the four subsequent warrants.”

In a ruling also filed this week, Judge Mrazik said “the orange notebook would have been inevitably discovered.” He denied the defenses motion to suppress it.

'The Orange Notebook' Ruling

In other key rulings in the case filed this week, Judge Mrazik ruled that any statement’s Kouri made to Detective Mainord and Detective Woody on April 13, 2022 while her house was being searched, cannot be used in the case. In his ruling he says Richins statements would be considered protected by her Fifth Amendment rights since neither detective informed her of her Miranda rights.

In the same ruling Mrazik says that information found in Richins white iPhone user her password that she gave to a detective when he asked for it can be used at trial. The defense argued that the iPhone would be protected under both the Fourth and Fifth Amendments. Mrazik found that the police had a warrant for the phone and that Kouri gave the phone to detectives.

Other Rulings In Richins Case

Judge Mrazik also said that statements Richins made to Detective O’Driscoll on April 14, 2023 can be used at trial. The defense argued that Detective O’Driscoll knew Richins had an attorney and continued to question her without her attorney president and without reading her, her Miranda Rights. Mrazik says because no charges were filed against Richins her Sixth Amendment right to council would not have attached yet. He goes on it say that since Richins wasn’t in custody, had invited the detective into her home, “expressed a willingness and even gratitude to be able to speak with the detectives,” and did not ask the officers to leave that the Fifth Amendment right against self-incrimination would not apply.

Judge Mrazik also said the Walk the Dog letter can be admitted in the case, for the most part. He outlined four sections of the letter that cannot be used saying it falls under work product since it outlines her former attorney’s thoughts, opinions or legal theories on the case. The letter was found in Richins cell in the Summit County jail. The judge wrote, “the court finds the letter is written to Defendant’s mother.”

Richins is charged with aggravated murder for allegedly poisoning her husband with fentanyl in 2022. She is set to go to trial in April of this year.

'Walk The Dog' Ruling

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