Why Did Kouri Richins' Defense Call Zero Witnesses At Trial?

May 22, 11:00 AM

A jury convicted Kouri Richins of aggravated murder in less than three hours. The prosecution called forty witnesses. The defense called none. Kouri never took the stand. Now her attorneys say they're filing a motion for a new trial and have asked for extra time to retain an expert.

Eric Faddis has prosecuted felonies and now defends people facing the same charges. He explains what calling zero witnesses and waiving the defendant's right to testify does to an appellate case — and whether the strategic choices that lost at trial can become the legal arguments that win on appeal.

The potential lanes include alleged prosecutorial listening of privileged jail calls, a witness recantation the defense claims was withheld, a venue dispute, and the question of whether the evidence was sufficient to convict when prosecutors couldn't prove exactly how fentanyl entered Eric's body.

Faddis sorts the real issues from the courtroom theater and gives a blunt assessment of whether Kouri Richins has any realistic path to a new trial — or whether the sentencing-day defiance was a mother performing for three sons who've already told the court they want her locked away forever.

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Disclaimer:

This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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