the prosecutors say it was kouri to slip him a deadly dose of fentanyl. that eric had died, i broke down in tears. he was a good guy. he lived life to the extreme and eventually it got him. it's my sister. i knew eric. she didn't do this. >> reporter: in the hours we spent with d.j. this week, he painted a very different picture of the sister. >> her and the boys would go to church every sunday. she is a great mom. those are the busiest boys you'll ever meet, whether it be soccer, baseball, there's always something. the coach is juggling, flipping houses which is a lot of work. >> reporter: the siblings are just before eric's death, the couple was doing well. >> at the time he died, i thought they were probably in the best place they've ever been. kouri told the police he didn't use of drugs to protect his image. >> reporter: the family disputes that. because this was a person who took very good care of his health and so to try to cast the light on him that we've seen recently is really troubling. it's sad. >> reporter: the one thing both sides agree on i

it's been over two months since kouri richins court appearance eric's family is said to be optimisticove to trial, but it is not clear whether they will be in appearance. >> so my husband passed away unexpectedly last year. >> reporter: this morning a utah life and mother of three, accused of fatally poisoning her husband is due back in court a judge will determine whether or not her case will go to trial. she has been charged with first degree aggravated murder and three counts of possession with intent to distribute a controlled substance, and has not yet entered a plea more than a year after her husband's death, at the she had been promoting her children's book on coping with grief. >> my kids and i wrote this book on the different emotions and grieving processes that we have experienced last year. >> reporter: according to court documents, last march officers discovered eric unresponsive in the foot of his bed in the early morning hours. that night, richins revealing to police she made him a moscow mule that he drank in bed. autopsy results finding he had fentanyl in his system hi