The highest court in the state has set a date for when it will review the jury selection process in the Kouri Richins case.
Next month, the Utah Supreme Court is scheduled to hear oral arguments from appellant lawyers representing the Summit County Attorney’s Office and Kouri’s legal defense asking justices to reverse a ruling made by Third District Court Presiding Judge Laura Scott.
Prosecutors and defense attorneys want to pull prospective jurors from two counties, Summit and Salt Lake, and also hold the voir dire in person instead of online. They filed a joint petition asking the Utah Supreme Court to hear their case last month, and the court agreed on Jan. 6. Now, oral arguments have been set for 10 a.m. on Feb. 11 at the Matheson Courthouse in Salt Lake City.
Assistant Solicitor General for the Utah Attorney General’s Office Marian Decker will represent the state, while appellate attorneys Freyja Johnson and Emily Adams will argue on behalf of Kouri’s defense team.
“Because of the challenging [sic] of clearing a court calendar for four weeks, and because Kouri has been incarcerated for 18 months, the parties do not want to move the trial,” a 198-page joint motion stated. “However, the parties are concerned about their ability to empanel an impartial jury in a timely manner now that they are now allowed to hold in-person voir dire or to expand the venire to Salt Lake County.”
As the state’s “court of last resort,” those involved with the case said it’s remarkable for the Utah Supreme Court to even consider the appeal. Summit County Attorney Margaret Olson and Chief Prosecutor Brad Bloodworth plan to attend the oral arguments in person.
After the presentation, the justices will hold a conference and vote to either grant or deny the motions. One justice is assigned to write an opinion, though others may also write a separate concurring or dissenting opinion, according to the Utah Supreme Court website. The justices’ ruling will ultimately determine how jury selection will be conducted in the case.
Justices are assisted by law clerks, staff attorneys, a Clerk of the Court and a staff of legal secretaries and front office clerks. Staff attorneys screen the cases to be heard, and the Clerk of Court is responsible for processing the legal matters filed.
Once the Utah Supreme Court hears the case, it could take several months, or even years, before a decision is reached. However, the joint petition requested an expedited review process given the timeline of the case and the upcoming four-week murder trial set to start in April.
Third District Court Judge Richard Mrazik originally approved the request to expand the jury pool, but Scott overruled him. She said the two sides failed to show there are “extraordinary circumstances” in the case that would allow for special rules despite national and international media attention.
Defense lawyers Wendy Lewis and Kathy Nester said they want the jury pool to be expanded to Salt Lake County in hopes of diversifying the pool. The County Attorney’s Office agreed. Mrazik said he was unfamiliar with any other cases in Utah that have pulled jurors from two counties, but he was supportive of the effort.
The lawyers appeared in court on Thursday for a hearing to argue what evidence should be allowed during the trial. Another court date was set for Feb. 3 for the two sides to review a draft questionnaire that will be sent to potential jurors.
Prosecutors and defense attorneys briefly considered asking Mrazik to move the hearing until after the oral arguments. However, the judge indicated the lawyers’ questions for the prospective pool are unlikely to change regardless of the Utah Supreme Court decision.
Kouri faces nine felony charges stemming from the death of her husband, Eric Richins, including aggravated murder and attempted criminal homicide.
Eric died of a fentanyl overdose in March 2022. Prosecutors allege Kouri poisoned him with a Moscow Mule cocktail laced with fentanyl, and that she attempted to do it a month earlier with a drug-laced sandwich on Valentine’s Day. The County Attorney’s Office said Kouri felt trapped in her marriage and had a financial motive to kill her husband.
Kouri Richins and her family have maintained her innocence. She has been held in the Summit County Jail without bail since her arrest in May 2023.