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.READ MORE: 'Doing Nothing Is Not An Option': New Denver International Airport CEO Phil Washington Vows To Fix Long Lines
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.
In March, Kirk pleaded not guilty to killing his wife and it is possible for him to claim a marijuana related defense.READ MORE: Businesses Continue To Be Impacted By Cameron Peak Fire More Than A Year Later
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.MORE NEWS: Fish Count In Poudre River 1 Year After Destructive Cameron Peak Fire Brings 'Shocking' News
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.