Cellphone Records Allowed In Case Of Man Accused Of Murdering Wife After Eating Marijuana Edibles

DENVER (CBS4)– Evidence was presented to a judge on Friday in preparation for the trial of a man who has been accused of murdering his wife after eating marijuana edibles, including cellphone records between the accused and the victim.

The judge must decide what evidence can and cannot be presented in the trial of Richard Kirk.

Kirk was arrested after he allegedly shot and killed his wife in April 2014 while she was on the phone with a 911 dispatcher. A search warrant revealed that Kirk had eaten marijuana-infused candy before the attack.

Kristine Kirk and Richard Kirk (credit CBS)

Kristine Kirk and Richard Kirk (credit CBS)

In March, Kirk pleaded not guilty to killing his wife and it is possible for him to claim a marijuana related defense.

On Friday there were several motions on the table. The defense wanted certain cellphone records and financial documents suppressed.

Prosecutors believe text and phone records from Kirk, that mention possibly visiting a dispensary are important. There are also cellphone records from Kirk and the victim that may indicate stress or tension in the marriage.

The judge denied the motion and those records will be allowed to be presented at trial.

Prosecutors also want to use financial documents as evidence that point to financial stress in the relationship. The judge also allowed those documents.

The defense argued that Kirk had a reasonable belief of privacy when it came to those cellphone records and his financial documents. The judge disagreed and also ruled those documents could point to a possible motive in the shooting death of his wife.

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