Kouri Richins’ defense team is calling for a hearing to determine whether the man accused of supplying the fentanyl used to kill Richins’ husband is a credible witness.
“The state has relied on only one of the corroborating witnesses, Mr. Robert Crozier, to testify that the pills provided to Carmen Lauber were, in fact, fentanyl,” the defense argues in court documents filed Thursday.
“He is the only witness who could potentially claim a direct connection between fentanyl and Ms. Richins. However, now that Mr. Crozier has stated under oath that he did not provide fentanyl to Ms. Lauber, the state is asking this court to find that one of their most important witnesses is no longer credible,” the motion states.
Richins, 35, a Kamas mother and real estate agent, is charged with aggravated murder and attempted murder, first-degree felonies, in addition to other crimes, accusing her of killing her husband, Eric Richins, with a fatal dose of fentanyl on March 4, 2022. She is also accused of slipping fentanyl in his food, making him sick, on Valentine’s Day in 2022.
Richins is accused of buying the fentanyl from her housekeeper, Lauber, who allegedly acquired the pills from Crozier.
Earlier this month, Richins’ defense team filed two motions, each stating that Crozier recently signed a sworn affidavit claiming he sold oxycodone to Lauber and not fentanyl. One motion requests that the judge reconsider bail for Richins and the conditions for her release, and the second requests that the Summit County Attorney’s Office hand over exculpatory evidence.
Prosecutors responded by saying Crozier had previously said during police questioning that he gave fentanyl to Lauber and that his latest claim “does not withstand modest scrutiny.
“Ultimately, of course, Mr. Crozier’s interview is corroborated by the constellation of means, motive, and opportunity evidence against (Richins) and the toxicology results showing that Eric Richins died of fentanyl poisoning. Mr. Crozier’s recent assertion does not amount to a material change in circumstances because it is not credible,” prosecutors said in their response.
In their reply filed Thursday, the defense again asserts that Lauber never personally tested the pills or knew exactly what she was getting. “Instead, the state has continuously relied on its argument that Ms. Carmen Lauber’s testimony that she purchased fentanyl is reliable in large part because it is corroborated by other witnesses.
“Although ultimately Mr. Crozier’s credibility will be determined by a jury, at this stage it is the province of the court to listen to Mr. Crozier and make that determination. Notably, it is never the job of the prosecution to determine the credibility of a witness,” the defense reply states.
Richins’ defense attorneys want the judge to hold a hearing “to observe Mr. Crozier’s testimony and demeanor and to decide whether Mr. Crozier’s credibility is sufficient to support Ms. Richins’ claims that there is no longer substantial evidence to support a jury verdict of guilt.
“Should this court find Mr. Crozier’s testimony to be credible, the weight of the evidence in this case will be significantly changed from that which existed at the time of the last detention hearing in this matter. The elimination of the state’s alleged link of fentanyl to the defendant is a material change in circumstances, and, without it, the state can no longer claim the existence of substantial evidence sufficient to support a denial of bail,” the defense argues.
In the defense’s reply to the state’s assertion that it does not have any exculpatory evidence to hand over to the defense, Richins’ attorneys argue in court documents filed Thursday that “this was not the state’s determination to make. Clearly, Mr. Crozier’s statement, recanting that he sold fentanyl, is more than potentially exculpatory, yet it was not provided to the defense. Therefore, the state should be required to turn over all statements made by witnesses as stated above so the defense has all potentially exculpatory evidence prior to trial.”
Also Thursday, the Summit County Attorney’s Office filed its response opposing the defense’s request to get Eric Richins’ sister, Katie, to hand over documents showing the financial activities of the Eric Richins Living Trust.
“The motion intimates that there is some level of mystery or intrigue surrounding which individuals Katie, as trustee and personal representative, has used as expert witnesses in her litigation against Kouri. There is not. In fact, if Katie’s relationships with Todd Gabler, Brooke Karrington, or Matthew Throckmorton are ‘secrets,’ they are some of the worst-kept ‘secrets’ in the world. It is a well-known, undisputed fact that Gabler is Katie’s retained expert. Kouri has known this —because Katie transparently broadcasted it to her — for over three years,” according to the state.
“Suspected ‘bias’ is not a free pass to seize sensitive information. Neither does it excuse litigants from standard discovery constraints — things such as relevance and proportionality. Katie has produced to Kouri’s criminal counsel all nonobjectionable and discoverable documents. Kouri cannot have anything else.”
Richins is currently scheduled to go to trial on her aggravated murder charge on Feb. 23, 2026, with jury selection to begin on Feb. 10. Richins also wrote a children’s book about dealing with grief that featured her late husband and children.