- Kouri Richins' attorneys allege the prosecution is threatening witnesses ahead of her trial, which begins next month.
- They want copies of all communications between witnesses and prosecutors.
- Richins is charged with fatally poisoning her husband in early 2022.
PARK CITY — Less than a month before the murder trial for Kouri Richins is scheduled to begin, her attorneys claim members of the prosecution team have been threatening or harassing witnesses.
In a motion filed Sunday, Richins' attorney asked 3rd District Judge Richard Mrazik to require prosecutors and their investigators to turn over all messages with witnesses in the case.
They supported the claim with screenshots of text messages from two witnesses: one who communicated with lead detective Jeff O'Driscoll, and another who communicated with the prosecution team's lead investigator, Travis Hopper. The emails were provided to KSL by the defense.
Richins, a Kamas mom and realtor, is 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 poison her husband on Valentine's Day in 2022 and then fatally poisoning him less than a month later. In the year between her husband's death and charges being filed, she published a children's book about dealing with grief.
Richins' attorney, Kathryn Nester, said one witness reached out to defense attorneys, saying she was being harassed and asking the defense team if they could do anything "to protect her from them." She said the witness made it clear to O'Driscoll she did not want prosecutors to prepare her for her testimony and asked them to send questions in writing.
The response from O'Driscoll said: "You have received a subpoena to appear at the court as a witness. If you fail to do so, the judge will issue a warrant for your arrest. You will then have to sit in a holding cell until you are needed to testify. So make your life easier and answer our calls so we can prep you on what you will be asked. Otherwise, the next time I knock on your door, I'll have a warrant and a catch pole for the dog."
He also did not provide a date she would need to come to the trial when asked, instead telling her to show up at the court every day of the trial, Feb. 23 through March 26, because she had not replied.
"This is blatant witness intimidation," the defense motion states.
She said she met with the lead prosecutor about the messages and the response was that they did not think O'Driscoll acted improperly. She said they denied a request to disclose other communications between O'Driscoll and witnesses in the trial.
After that meeting, Nester said in the motion that she received communication from a second witness who said they had been contacted by Travis Hopper, chief investigator for the Summit County Attorney's Office. The motion states that the witness asked Hopper to refer to their previous statement and was not interested in further discussion.
In response, Hopper said, "The immunity granted by the prosecution remains conditional upon continued cooperation. Declining to participate further may place that immunity at risk."
The witness responded that they had been told they did nothing wrong during an interview two years ago and that they had been cooperative.
Nester argues in the motion that Utah code prohibits threats of harm against witnesses, including threats to arrest someone or withdraw immunity. She said if the communications are not criminal, they definitely violate the Victim and Witness Rights Act.
She also said these alleged threats are related to witness credibility, so any knowledge the prosecution has of similar threats must be disclosed to Richins' attorneys. She asked for all texts, voice mails, recorded calls, emails or other communications between witnesses and anyone on the prosecution team.
Deputy Summit County attorney Margaret Olsen said prosecutors will respond to the motion privately through the court, declining any public comments because the case is close to trial.
Jury selection is scheduled to begin in the case on Feb. 10, and the trial is set to begin on Feb. 23.
