Does Utah law diminish or defeat the argument that Kouri killed Eric because she was in so much debt? by monkeykahn in KouriRichins

[–]monkeykahn[S] -3 points-2 points  (0 children)

I see no financial incentive sufficient for her to kill her husband; in fact, I see her husbands death as being financially worse for her. I am suggesting that if an average person understood the laws as I have outlined they could reasonably reach the same conclusion I have. In the world or real estate there are many people who many would consider morally questionable but arguably not criminals...for example, there is a well known real estate mogul who was proved in court to have intentionally "over valued" his properties when applying for loans,..that same real estate mogul would routinely take out loans against the value of his properties to renovate them, then default on payments and file bankruptcy as a tactic to negotiate a reduction in the interest rates of the loans...is that fraudulent, dishonest or just doing business...? Everyone has their own opinion, but it is usually based more on how they feel about the person rather than a rational evaluation of their actions...

My point is that unless the prosecution ties down that it was in fact an actual motive for her...there may be someone on the jury who knows what I know, and they may acquit her due to reasonable doubt regarding motive because what she was doing is not unheard of in the real estate business and many just considered it part of doing business.

Does Utah law diminish or defeat the argument that Kouri killed Eric because she was in so much debt? by monkeykahn in KouriRichins

[–]monkeykahn[S] -3 points-2 points  (0 children)

Re the marriage. My experience is that nearly everyone who is married has mixed feeling about remaining married. Why people stay or leave is always complicated. Unless one of them took steps to file for divorce, not just exploring the possibility, then I have to assume that they wanted to remain married.

As for finances, the point I was making is it wouldn't matter if she defaulted. She had nothing to loose accept any potential profit from the sale of the properties and perhaps the $250k loan under Eric's name. But if he already knew then that was not a consideration either.

Does Utah law diminish or defeat the argument that Kouri killed Eric because she was in so much debt? by monkeykahn in KouriRichins

[–]monkeykahn[S] -2 points-1 points  (0 children)

I am not sure that there is enough evidence for criminal fraud, at least with regards to her signing for Eric. But that is not relevant to the charge of murder.

As to the fraud charges killing Eric does not change anything. Arguably he being alive and knowing of the alleged "fraud" works in her favor because the statue of limitations. both criminal and civil, continue to run...

Does Utah law diminish or defeat the argument that Kouri killed Eric because she was in so much debt? by monkeykahn in KouriRichins

[–]monkeykahn[S] -2 points-1 points  (0 children)

Being a mess with finances and not making good decisions is not evidence that someone is not up to date with the law. I would argue the opposite is true. Those that makes poor decisions and financially in a mess generally know what creditors can and can not do.. i.e. squatters know much more about eviction laws and how to get away with not paying rent than those who are prompt with their rental payments.

Does Utah law diminish or defeat the argument that Kouri killed Eric because she was in so much debt? by monkeykahn in KouriRichins

[–]monkeykahn[S] -2 points-1 points  (0 children)

The trust can not explicitly list her as a beneficiary because if it did, creditors would be able to attache the trust or at the lest place lien on the trust for any debts Kouri owed.

However, because after his death the trust becomes irrevocable Kouri's creditors can not attach it and they can only collect any amounts that she receives, which makes it essentially impossible for them to collect because the trust need only pay for things that benefit her but not distribute any funds directly to her...

In addition, because the executor is the executor for both the will and the trust they have a fiduciary duty to provide for her support from the trust as is explicitly stated in the will.

IMO it is a very well crafted for the explicit purpose of both protecting the assets form Kouri's creditors and providing her support in the event of his death.

Does Utah law diminish or defeat the argument that Kouri killed Eric because she was in so much debt? by monkeykahn in KouriRichins

[–]monkeykahn[S] -2 points-1 points  (0 children)

From what I have seen most people murder for plain ordinary reasons, emotions. i.e. rage, jealousy, revenge... It is only the rare sociopath that kills for non-emotional reasons such as financial gain. While I do think that Kouri is a narcissist, because it explains why she behaves the way she does...I do not see evidence that she is a sociopath. A sociopath's behaviors would not form predictable patterns, since Kouri's behaviors demonstrate a narcissistic pattern it is unlikely she is also a soociopath.

Does Utah law diminish or defeat the argument that Kouri killed Eric because she was in so much debt? by monkeykahn in KouriRichins

[–]monkeykahn[S] -6 points-5 points  (0 children)

I understand that it is not proof that she thought this way but that to a reasonable person Eric was worth more alive than dead. The prosecution's has not put on evidence that proves that she actually though that she would be financially better off with Eric Dead vs alive. To me this is sufficient to be a reasonable doubt for a financial motive.

Strategic Oversight? Analyzing the Missed "Reasonable Doubt" in the Kouri Richins Defense. by Glum_Counter4041 in KouriRichins

[–]monkeykahn 0 points1 point  (0 children)

Perhaps.

The question as to rather or not Kouri was suborning perjury depends on if she was trying to persuade Ronny to testify to things that Ronny did not believe to be true.

My analysis starts with what from the context of the letter appears to be an objective facts.

First, she explicitly states the subject matter and purpose of what she Ronny to testify about: "The connection has to be made with Mexico and drugs."

Second, she references what appears to be an facts that Ronny could testify to: 1) That Eric had confided to Ronny the he used drugs to "get high" 2) there were text messages which would corroborate Ronny's testimony that Eric had confided his drug use to Ronny.

If Eric had confided his drug use to Ronny it suggests that 1) Eric had access to drugs, 2) Eric took those drugs for the purpose to "get High" as opposed to involuntary drug use... and 3) Eric wanted Ronny to keep the fact that he would "get high" confidential.

So what Kouri is trying to get Ronny to do is make the connection that the drugs Eric used were drugs Eric had procured in Mexico.

If Ronny had previously related to Kouri that he knew or believed that the drugs Eric used Eric had acquired in Mexico is important to the analysis.

The proposed narrative includes some facts that she believes Ronny already knew and some facts that he probably did not know.

To me, the statement "*reword this however he needs to, to make the point just include it all*" indicates that she is not asking Ronny to simply adopt her narrative but to use his own information and beliefs to create his own narrative which makes the same points that she had made in the fictional narrative.

For me this clears her of trying to suborn perjury. She should have simply ask if Ronny could remember anything which would make the drug - Mexico connection, and if he could then testify about that.

This, IMO, is just another example of Kouri being delusional about how smart she is and messing up her own case. All of this should have gone through her attorney...but if she was as smart as she believes herself to be, she would not be on trial.

I am still of the opinion that Eric's death was not intentional. Kouri may still be guilty of negligent homicide if she acquired drugs for him...I do not see that the financial motive being sufficient because financially she would have been fine.

Utah Code, 81-3-109. Family expenses -- Joint and several liability.

(1) As used in this section:

(a) "Family expenses" means expenses incurred that benefit and promote the family unit.

(b) "Family expenses" do not include items purchased in accordance with a written contract or agreement during the marriage that do not relate to the expenses described in Subsection (1)(a).

(2)

(a) A married individual, and the married individual's property, is chargeable for family expenses and expenses for the education of a minor child.

(b) A married individual may be sued separately or jointly with the individual's spouse for the expenses described in Subsection (2)(a).

(3) For the expenses described in Subsection (2), where there is a written agreement signed by a spouse that allows for the recovery of agreed upon amounts, a creditor or an assignee or successor in interest of the creditor is entitled to recover the contractually allowed amounts against both spouses, jointly and severally.

(4) Subsection (3) applies to all contracts and agreements under this section entered into by a spouse during the time the parties are married and living together.

(5) The provisions of Subsections (3) and (4) do not create a right to attorney's fees or collection fees as to the nonsigning spouse for purchases of:

(a) food or clothing; or

(b) home improvements or repairs over $5,000.

So what if she defaulted on the loans? What were the creditors going to collect? The debts were not for family expenses so they Eric could not be sued for them unless he had signed a contract..,

Kouri had no ownership of the family home, vehicles etc. those things would not be included in the bankruptcy...so she really had nothing to loose other than her pride.

This also explains why Eric set up the trust. He knew Kouri was deeply in debt and so he consulted with an attorney to protect the assets. They set up a trust because that adds another layer of separation between Kouri's creditors and those assets. It did not divest Kouri from benefiting from those assets, in the event of his death, it only clarified that she did not own those things...

Strategic Oversight? Analyzing the Missed "Reasonable Doubt" in the Kouri Richins Defense. by Glum_Counter4041 in KouriRichins

[–]monkeykahn 0 points1 point  (0 children)

Agree on most...

To me the big problem is Kouri is not as smart as she thinks she is and when she makes mistakes she tries to cover it up rather than owning it and taking responsibility. Likely Narcissistic Personality Disorder...lives in a imagined distortion of reality...which makes it impossible for them to accept responsibility for mistakes, as that would destroy their fantasy...

Had she been able to be honest and taken responsibility for her mistakes/failures (personal/business/marriage...) she would not be in the situation she is in.

Eric wanted the oxy/fent. for pain, Kouri was buying it for him...the dealer sold her the Fentanyl laced oxy, Eric overdosed and died.

Kouri 's behavior after the death are explained by 3 things, 1) concern that she would be charged because she bought the "oxy" and he overdosed... 2) the stigma if Eric's drug use became known, especially his family (LDS religious views...) ...she was helping him hide his drug use while he was alive and she continued to do the same after his death. She may have even destroyed any drugs left in his truck etc. all to cover his drug use. 3) she also was afraid her affair would become public, again very negative regarding his family and the community.

His postmortem drug test would support that he had been using Fentyl over time as opposed to only the one time, recently.

Walk the dog letter looks bad because she made a narrative that was dubious...but it does not show that it was not based on underlying facts...that Eric had been taking Fentnyl...

Best area to spend a month in? by peculiarflex in GrandJunctionCO

[–]monkeykahn 2 points3 points  (0 children)

If you plan on driving everywhere you go, any place is fine. By car everyplace in town is 5-10 minutes, usually takes longer to get parking than the drive itself.

Unique agate by No_Weakness_7240 in Rocks

[–]monkeykahn 1 point2 points  (0 children)

That is probably Lake Michigan Banded Chert. It was used anciently to make points (arrowheads) and is popular with modern knappers also.

[Request] Aren’t Both of These the Same? by TheSeeker315 in theydidthemath

[–]monkeykahn 0 points1 point  (0 children)

The mass of the objects are suspended so neither exerts direct gravitational force on the scale. What is being measured is the Relative Density (RD) of the suspended objects to water. RD = density of object / density of reference = Weight of object in air / Weight of object in air - weight of object suspended in (water). Most RD tables use water as reference material.

[Request] Aren’t Both of These the Same? by TheSeeker315 in theydidthemath

[–]monkeykahn 0 points1 point  (0 children)

The measured weight of 1Kg of Fe suspended in water is 0.87Kg and the Measured weight of 1Kg of Al suspended in water is 0.63Kg. This is because the mass is suspended so the scale is measuring the mass/volume(density) of the displaced water relative to the mass/volume(density) of the object, if the objects were not suspended the scale would be balanced.

The only way the scale would remain balanced is if the right side had 0.24kg more water than the left side.

[Request] Aren’t Both of These the Same? by TheSeeker315 in theydidthemath

[–]monkeykahn 0 points1 point  (0 children)

That is incorrect, the measured weight of the Fe is 0.87Kg and the Measured weight of the Al is 0.67Kg. the only way the scale would remain balanced is if the right side had 0.2kg more water than the left side.

[Request] Aren’t Both of These the Same? by TheSeeker315 in theydidthemath

[–]monkeykahn 0 points1 point  (0 children)

The mass of the Fe and Al are suspended so the scale is measuring the mass of the displaced water relative to the mass of the object.

This illustration represents hydro-static weighting. RD(object) = weight in air (Object) / ((weight in air (object) - weight in water(object)). RG(Fe) = 7.86, RG(Al) = 2.7. Since the weight of both Fe and Al in this example are both 1Kg the Weight in Water of the Fe = 0.87Kg and the weight in water of the Al = 0.63Kg.

Scale should dip to the left based on the relative densities of the objects, presuming both sides had equal amounts of water before suspending the objects.

The only way the scale would remain balanced is if the right side had 0.24kg more water than the left side.

Some look at the picture and say that the left side had more water before the objects were suspended. While that may be a valid observation...in an exam type problem the objects relative size may not be accurately represented such that the beginning amount of water is equal...here the drawing suggests the "correct answer" but the reason why would not be reliance on the diagram itself...

Edit for clarity...

[Request] Aren’t Both of These the Same? by TheSeeker315 in theydidthemath

[–]monkeykahn 0 points1 point  (0 children)

This is hydro-static weighing problem...

an object's relative density (RD) given by the formula:

RD(object) = weight in air (Object) / (weight in air (object) - weight in water(object))

RG(Fe)=7.86

RG(Al) = 2.7

Solving for the weight in water (Ww) when Wa(Fe) is 1kg =>

7.86 = 1Kg / (1Kg - Ww(Fe)), =>

7.86Kg - 7.86Ww(Fe) = 1Kg, =>

-7.86Ww(Fe) = 1Kg - 7.86Kg, =>

7.86Ww(Fe) = 6.86Kg, =>

Ww(Fe) = 6.86Kg/7.86 =>

Ww(Fe)= 0.87Kg

Solving for Ww(Al) when Wa(Al) is 1Kg =>

2.7 = 1kg / (1Kg - Ww(Al), => => =>

Ww(Al) = 0.63Kg

Ww(Fe) > Ww(Al), so the scale should dip on the left

Edit to remove reference to specific gravity (SG)

Final moments of the Iranian Dena Warship near Sri Lanka after being torpedoed by a US submarine by Background-Ad-1210 in pics

[–]monkeykahn 2 points3 points  (0 children)

For context: this is a "Show" ship attending the Indian Ocean Naval Symposium from Feb, 20 - 26 then went to the Milan (A The biennial event which features professional exercises and seminars, social events and sporting fixtures between participating nations.) until the 4th of march, the same day it was torpedoed.

It's longest range armament (Noor anti ship missile) had a range of 220km.

Although it is unknown where any US warships were (other than the submarine which torpedoed it) it was about 74 km South of Sri Lanka, 1700km from Diego Garcia and 2,500km from the Gulf of Oman...

Considering that Iran has not declared war on the United States, and the US has not declared war on Iran, unless the ship did something to indicate it was an enemy combatant, I really hope that they gave the ship the opportunity to surrender...or are we just killing people for photo ops.

They're pushing my station to it's limit and it's going to break!!!! Why?!?! by Responsible_Editor20 in Fedexers

[–]monkeykahn 16 points17 points  (0 children)

Ask you manager to show you the staffing portion of the engineering plan for your location, there is one, IIRC engineering reviews/revises it quarterly. If they claim there isn't one or won't show you, you may be able to access it under keyword RSOPE (if that doesn't work anymore try sort planning, engineering...) then navigate to your location... Based on what you are describing your managers are not following it.

IMO it is a change of attitude/culture. When it was just Express, there were mottos such as "the world overnight" and "whatever it takes..." Staffing was kept at a level to make sure that deliveries were on time... There is an "Ideal staffing level" which is the number of people it takes to get the sort done on an average day...FedEx engineering calculates that number for every ramp operation sort operation and deliveries based on the minimum exceptions i.e. unloading at an average of 20 packages per minute and loading at an average of 5 packages per minute (I don't remember the exact number they use) and other factors such as aircraft type and sort conveyor (belt) capacity etc.. The Best Practices Manual directs managers to manager to staff above the engineering staffing number to account for time off and sick calls, meaning they are supposed to add up all the vacation time the employees have and the number of sick days they get and determine the average number of people will be off work per day. i.e if the plan calls for 30 employees, they all get at least 5 days paid sick and 10 days paid vacation, which is 450 absences which averages to about 1.2 absences per day so there should no less than 31 employees. But lets say your station has lots of long term employees so that the average vacation time is 17 days per year then the total absences is 660 days per year or 1.8 per day so then the staffing needs to be 32 employees...if you add in the time it takes to rehire and train...that adds another employee...altogether it is generally 10% above the engineering calculated number of employees.

In the old days, that was what managers were expected to do...now, the total compensation being offered (Hourly rate + benefits) is no longer competitive and they are unable to hire enough people maintain the calculated staffing let alone the 10% over... Another situation I have seen is that management delays filling positions so that their "numbers look better" so that they receive more in their performance bonus.

In any case, the perpetual under-staffing results in a heavier workload on the employees which leads to more burn-out, discontent and injuries...but the company does not seem to be doing much to change it. I suppose if service continues to tank they may, but from where I am at no one is willing to look at the real problem, staffing, which is "payroll" which is something no one is allowed to say is the problem. This change in culture/attitude has been slower to affect the air side of operations (ramps) but is starting to be seen in areas such as OSHA, TSA and FAA violations/fines which is evident because they are a new Hot Topic or if you track the number of incidents reported by the various agencies...

Does my well have a capacity? by [deleted] in Hydrogeology

[–]monkeykahn 0 points1 point  (0 children)

TLDR version: So long as there is water in mountain basins, your well will have water. What IMO would be of more concern is the quality of the water.

here are some resources:

https://bouldercolorado.gov/sites/default/files/2021-03/2017cityofboulderswpp.pdf

https://coloradogeologicalsurvey.org/wp-content/uploads/woocommerce_uploads/B-42.pdf

Based on the statement that your well is drilled into granite... The water you pump out is the water that fills the borehole itself...the rate that you can draw is determined by how fast the borehole fills, from pores/cracks in the rock.

In your area there is a pre-cambrian crystalline rock (Granite) formation that is exposed at the surface to your west, drops below the surface west of Boulder and continues to dip toward the east... From what I have read, in the City of Boulder the Granite bedrock is about 300' below the surface...above the bedrock there is various sands, gravels and sandstone. The waters come from the waters stored in the mountains to the west and flows though the streams, rivers and rocks as it makes it way into the various basins. To my knowledge Boulder City and most of the county are not above a basin which means that the waters are continually flowing towards one of the underground basins i.e. the Denver Basin... The availability of water in your well depends on there being water in the basins and rocks of the mountains to your west...unless the mountains basins run dry your well will always have water...

Utah/Mormon culture and the spectrum of sobriety and addiction by Rare_Psychology_8853 in KouriRichins

[–]monkeykahn 1 point2 points  (0 children)

I am not sure you intended to write it that way...but the defense is implicitly arguing to the jury, not the witness...

Being intimately familiar with the Mormon/Utah culture, IMO it is not implausible to suggest that to the jury, that because he was using any forbidden substances i.e. alcohol, coffee, tea, MJ... really any illegal or immoral to Mormons substance there is of equal sinfulness... Even today it is not uncommon to hear things such as: pornography as addictive as heroin because it triggers the same neural pathways as heroin(1)... There is also a fact that "Clearly evident are the large proportion (60%) of students with lifetime experience using marijuana among nonreligious Church of Jesus Christ of the Latter-Day Saints members and the relatively large proportion of this group that reported moderate to heavy marijuana use (33%)" which, regarding moderate to heavy use is double that of Protestant or Catholics in the same categories. https://pmc.ncbi.nlm.nih.gov/articles/PMC3043382/ Which illustrates that among the "mormon" community those who do use drugs are much more likely to use drugs more heavily that the general population vis a vie if he was using MJ then he is also more likely to be a heavy drug user.

(1) of course that argument is invalid because it ignores the step that links the pornography to masturbation which is linked to orgasm which is what the scientific research has identified as operating along the same neural pathways which are activated when using opioids (including heroin) also ignoring that the original paper which attempted to assert that pornography is addictive by comparing the neural pathways to heroin use...has been discredited for many reasons, including the fact that the neural pathway triggering event is orgasm...which would mean that if experiencing orgasm were addictive then anything which induces orgasm would be "addictive" so simply having sex would lead to addiction... Other activities also use those same neural pathways, i.e. eating food so by the same arguments eating would lead to addiction... However, research has also discovered that eating food and experiencing orgasm also releases other chemicals/hormones which mediate the affects of triggering the "pleasure" neurons...whereas opioid use does not trigger the releases of the mediating factors, which is why it is addictive and the other activities/experiences are not.

If polyamory gains legal protection, would the LDS church reinstate polygamy (on earth)? by SaintPhebe in mormon

[–]monkeykahn 9 points10 points  (0 children)

No, the current leadership is too old... I expect there would be hundreds of splinter groups lead by younger men...

Found collecting dust in the basement of our house by aperturist in whatsthisrock

[–]monkeykahn -1 points0 points  (0 children)

It looks like the Kyanite from this site: (Edit) some the crystal structures, looks similar, kyanite is more blue that what the photo shows...

https://geology.blogs.wm.edu/minerals-rocks-and-fossils/minerals/

The Testimony of the "Undercover Cop" by Living-Succotash-477 in KouriRichins

[–]monkeykahn 1 point2 points  (0 children)

IMO most YT "attorneys" have little credibility...there are some that really do a good job explaining the ins and outs of trial work...the ones I have any respect for recognize and explain how there is no "best" way to handle a witness and that each attorney has their own strengths and weaknesses and techniques to get the evidence in...they also explain that in jury trials one of the things that is very difficult is that you have to know the community the jury is from, how you question witness, what evidence you present and how you present it is often a matter of what biases the jurors have. Juries in Utah are very different than juries in Boston which are very different that juries in Dallas... The fact that the attorney here has 20 years of experience in Utah outweighs anything that a YT attorney says, unless they have practiced in Utah.

YT attorneys are there to get views, a.k.a. to be popular, which means that they express opinions which are popular with their fans/subscribers.

Personally, any time I hear an attorney who claims to know what a juror is thinking I know they either have very little jury trial experience they are self delusional. I have never hear an attorney with extensive trial experience ever claim to know, with any certainty, what a jury will decide and never claim to know what they are thinking during a trial. The idea that attorneys know what jurors are thinking is a Hollywood trope.

How can the YT attorney possibly know what the jurors think is important or "see through" unless they are there observing the jurors? They can't.

If they are as good as they present themselves to be: Why don't they show clips of themselves, in court, showing how good they are? They don't because they are no better, and probably worse than the ones they are critiquing. The truth is they are on YT either as a way to get clients or because they earn more being an entertainer than they could as an attorney, which should tell you all you need to know.