Defense attorneys for Kouri Richins, the Kamas mother of three accused of poisoning her husband with a fatal dose of fentanyl in March 2022, are asking a Summit County judge to move her murder trial to a courtroom in Salt Lake County.

Third District Court documents filed by lawyers Wendy Lewis and Kathy Nester on Monday argue local, national and international news coverage about the case has “permeated Summit County” and impacts her right to a fair trial.

“A fair and impartial jury cannot be found in Summit County because of the extensive publicity that is ongoing and inflammatory. The inflammatory nature of the publicity has included inaccurate information and inadmissible information. The publicity has been extremely pervasive in the small community of Summit County. Remediations, such as enlarging the jury pool will not cure the problem,” the 58-page filing states.

Defense attorneys cited 12 articles written by The Park Record, KPCW and Town Lift as the beginning of a “media campaign that has continued to vilify Ms. Richins” since her arrest in May 2023. They questioned the reasonable likelihood that a fair trial could take place in the same place as the alleged crime.

“Since her arrest these three news sources alone have published over 140 stories to date about Ms. Richins, with new stories being published weekly. … These stories have almost exclusively highlighted the prosecution’s theory of the case, even when it is incorrect,” the motion said.

For example, the defense states The Park Record has reported Kouri Richins poisoned her husband, Eric Richins, with a Moscow Mule in 26 of 64 articles but argues that theory has never been publicized by the state. 

Arresting documents filed by the Summit County Attorney’s Office in May 2023 reference Kouri allegedly telling deputies “she made Eric a Moscow Mule,” went to sleep and found him deceased several hours later. The medical examiner’s report states Eric died of an overdose after ingesting five times the lethal dose of fentanyl orally. 

Search warrants from the Summit County Sheriff’s Office also indicate law enforcement was looking for copper mugs, commonly used to serve a Moscow Mule. Prosecutors have also discussed in court what they see as a pattern from Kouri of an alleged attempt to poison Eric with food and drink so she could benefit financially.

The defense has refuted the state’s claims in court, offering alternative theories to the state’s allegations such as mishandlings of evidence.

Nester Lewis retained Dr. Bryan Edleman of Trial Innovations to construct a survey testing the effect of publicity in the case, according to court documents. Edleman found that almost 80% of Summit County residents recognized the case, and it was 98% among people who listen to the radio or read the newspaper. 

According to the survey, around 69% said they believe Kouri is guilty and 50% said the defendant would have a hard time convincing them she is not guilty. Meanwhile in larger Salt Lake County, 42% said they recognized the case. Of those, 58% said they believe Kouri is guilty, and 41% said she would have difficulties convincing them otherwise.

“This supports the argument that the small population in Summit County will make it nearly impossible for Ms. Richins to get a fair trial within the county,” court filings state.

The defense also argued the prominence of Eric Richins’ family name in Summit County would create a negative bias against Kouri, who is a transplant “from a non-LDS, low-income family.” 

Court documents allege informal interviews inducted residents, the prospective jury members, “do not want to make an enemy of” the Richins family and almost 27% said they knew someone that had a direct or indirect connection to the family. Only 3.5% of Salt Lake County surveytakers had the same response.

Additionally, stakeholder engagement survey found that common comments made about Kouri Richins include:

• “She killed her husband with a poisoned Moscow mule.”
• “She looked up how much fentanyl it would take to kill him.”
• “She was having affairs with rich men.”
• “She was broke and desperate and killed him for insurance money.”
• “She killed him so she could buy a mansion with her lover with the life insurance.”
• “I’ve read all about that girl in the newspapers. She is so guilty.”
• “Why are we wasting our money paying for the defense of a guilty person when there are so many other things our taxpayer dollars could go to?”
• “Why does she get free money?”
• “Good luck to her, that girl has no chance going up against that family in this county.”

The motion to change venue comes after the Utah Supreme Court rejected a joint request from prosecutors and the defense to conduct jury selection in person and expand the pool to Salt Lake County. Justices denied the request, requiring the two sides to conduct jury selection virtually amongst Summit County residents.

“The only assurance that Ms. Richins’ constitutional right to a fair trial can be protected is to change the venue of this trial. … The inconvenience of moving this trial to Salt Lake County is minimal compared to the risk of leaving the trial in Summit County,” the filing states. “The state can present its case to any jury in any county without prejudice, but the same is not true for Ms. Richins. Summit County’s residents have been inundated with information about this case for the past two years, making it nearly impossible to find jurors who have not already formed an opinion as to Ms. Richins’ guilt.”

Kouri faces nine felony charges stemming from the death of her husband, Eric Richins, including aggravated murder and attempted criminal homicide. 

Kouri Richins and her family have maintained her innocence. Since her arrest, Kouri has been held in the Summit County Jail without bail. A four-week trial is scheduled to start in late April.

The post Kouri Richins defense asks to move jury trial to Salt Lake County appeared first on Park Record.

The jury in Kouri Richins’ trial will consist of Summit County residents who will be interviewed virtually following an order issued by the Utah Supreme Court.

Justices denied an appeal filed by the Summit County Attorney’s Office and the Kamas mother of three’s legal defense team, which asked the high court to overturn a ruling made by Third District Court Presiding Judge Laura Scott in connection to the criminal trial.

The two sides wanted the state Supreme Court to allow them to draw prospective jurors from Salt Lake County in addition to Summit County and to allow jurors to be questioned in person rather than online.

Third District Court Judge Richard Mrazik initially approved the request, though he was not familiar with any other cases in Utah that have expanded the jury pool to multiple counties. Scott ultimately overruled Mrazik, saying she did not see “extraordinary circumstances” that would grant special accommodations.

Appellant lawyers representing Kouri and the state went before the high court on Feb. 11, arguing Scott abused her discretion and overstepped her authority. They said the trial judge, Mrazik, is in the best position to determine whether there should be special jury selection rules.

Expanding the pool was also seen as a way to diversify the jury and in-person interviews were seen as a way to gauge how each individual would behave in a courtroom — likely full of media. 

An attorney representing the Administrative Office of the Courts, Bryson King, raised privacy and security concerns if an estimated 1,500 prospective jurors were called into the courtroom over the four-day selection process. He also pointed to the standing order that was adopted by the Third District Court in 2023 stating jury selection “will be conducted virtually” unless there are “extraordinary circumstances” or the presiding judge gives “prior approval.”

The Utah Supreme Court issued a five-page order denying the joint motion seven days later.

“We can see that reasonable minds could differ on the benefits of departing from the standard practice in this case, but we cannot see that the Presiding Judge’s decision fell outside the bounds of reasonability. The Presiding Judge opined that the Parties’ concerns about the prospective jurors’ reactions to the media scrutiny could be addressed ‘with carefully crafted jury questionnaires, jury instructions, and decorum orders,’” the order stated.

Justices also determined the Third District Court did not have the authority to grant the request for a multi-county jury pool. They said the state Legislature “intended that the jury pool be composed of jurors from a single county.”

The County Attorney’s Office declined to comment on the decision.

Kouri Richins and the state are scheduled to appear before Mrazik Friday afternoon to review the logistics of jury selection, including the questionnaire sent to prospective jurors, in the criminal case.

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. Since her arrest in May 2023, Kouri has been held in the Summit County Jail without bail. A four week trial is scheduled to start in late April.

The post Utah Supreme Court affirms virtual jury selection for Kouri Richins trial, denies multi-county pool appeared first on Park Record.

Did the Summit County Sheriff’s Office illegally obtain evidence while investigating Kouri Richins in connection to the death of her husband, Eric Richins?

Defense attorneys Kathy Nester and Wendy Lewis laid the foundation for several claims during a Third District Court hearing on Thursday alleging detectives violated the Kamas mother of three’s constitutional rights granted to a defendant. The lawyers then argued for specific material, such as electronic data and the notorious “Walk the Dog” letter, to be inadmissible during the murder trial against the Kamas mother of three because of how it was obtained.

Third District Court Judge Richard Mrazik considered three motions to suppress statements Kouri made before her arrest, data from her phone and Apple accounts, and the controversial letter recovered from her Summit County Jail cell. Mrazik didn’t rule after the seven-hour-long hearing, but he’s expected to do so once each side files its memo.

Detailed testimony from sheriff’s detectives, corrections officers and Eric Richins’ brother-in-law about the investigation, such as how searches unfolded and who had access to the Richins’ home following Kouri’s arrest, will be cited in the arguments made by Summit County prosecutors and the defense.

Detective Eric Maynard and Deputy Jayme Woody were questioned about their experiences during the initial investigation, describing how they detained Kouri before executing search warrants for her home and person. Her defense attorneys argued investigators took Kouri’s phone without a proper warrant and accused them of not informing her of her rights: her right to remain silent, her right to ask for a lawyer and her right to refuse questioning.

Maynard and Woody affirmed that Kouri was not under arrest at that point and that she voluntarily gave investigators her phone, granting them access to it. However, both stated they never explicitly informed Kouri of her rights or asked if she wanted her attorney present. 

Nester also questioned Detective Jeff O’Driscoll about whether he interviewed Kouri without a lawyer, a violation of her Sixth Amendment right. O’Driscoll took over as lead investigator on the case around April 2023, and said he met with Kouri at her home to introduce himself rather than conduct an interview.

The detective described Kouri as “cheery” and open to speaking with law enforcement, noting that after the three-hour meeting, Kouri sent a follow-up email with additional information related to the investigation. 

Nester questioned whether the detective had identified Kouri as a primary suspect in her husband’s death at that point. O’Driscoll said he did not have definitive information that she was a suspect, and was investigating the case as an accident, suicide or homicide.

“If she had said, ‘Hey, I killed my husband,’ would you have used that against her?” Nester asked. 

“Likely,” O’Driscoll replied. 

“OK, so you didn’t Mirandize her at that point. You knew she had a lawyer. You knew you were looking for information about her involvement in her husband’s death and you did not Mirandize her, correct?” Nester argued.

Prosecutors did concede that an orange notebook was illegally obtained during a search of the Richins home a few weeks later, on May 8, 2023, the same day Kouri was arrested outside of a Salt Lake City business and charged with aggravated murder. The County Attorney’s Office alleges she poisoned Eric with a fentanyl-laced Moscow Mule on March 4, 2022.

Chief Prosecutor Brad Bloodworth said law enforcement did not have a warrant to seize the notebook at the time but that it would have inevitably been discovered. Its contents remains unknown, but the defense said it was intended for Kouri’s therapist and is “privileged.”

Nester said deputies opened the notebook and sought a new warrant with the authority to take it after reading the contents. She pointed to the “fruit of the poisonous tree,” a legal argument based on the idea that evidence illegally obtained is tainted and therefore inadmissible.

Lewis made similar arguments in support of the defense’s motion to suppress the six-page “Walk the Dog” letter, which may have been obtained through a potentially illegal search.

Prosecutors alleged the letter was written by Kouri to her mother, Lisa Darden, requesting that Darden ask Kouri’s brother, Ronald Darden, to provide false testimony. However, the defense has maintained its part of a manuscript from a fictional mystery book she’s writing about drugs and a Mexican prison.

Sheriff’s Sgt. Braxton Barrett, a corrections officer at the Summit County Jail, and Sgt. Jeremy Thomas, a jail administrator, provided testimony about searches of Kouri’s cell on Sept. 13 and 14. The defense played video footage from the jail showing the search when the letter was found. 

Lewis asserted the pages were inside a manila envelope addressed to Skye Lazaro, Kouri’s former lawyer, and labeled as attorney-client privilege. However, jail staff said the letter was found in an LSAT prep book.

Barrett and Thomas described looking at hundreds of pages in Kouri’s cell to confirm there wasn’t contraband. They affirmed they did not read privileged documents.

Prosecutors and defense attorneys will submit written arguments citing the evidence and testimony. They’ll have about two weeks to do so. Then, Mrazik will make a ruling on what evidence will be suppressed during the upcoming four-week trial set to start in late April.

The next hearing date was set for Feb. 3 to go over the draft jury questionnaire.

The post Kouri Richins’ defense argues for suppressing evidence ahead of murder trial appeared first on Park Record.

The petition to repeal Ordinance No. 987 — the approval to adopt an amended development agreement with Dakota Pacific Real Estate at the Park City Tech Center — is now circulating around Summit County.

The County Courthouse released its referendum information pamphlet packet on Friday, a 100-plus page document with the referendum application, fiscal and legal impact estimate, and arguments related to the referendum. It signals the start of the countdown for sponsors to collect 4,554 valid signatures by March to potentially overturn the Summit County Council’s decision.

Utah Code requires the local government to issue a proposition information pamphlet to registered voters that includes a complete copy of the ordinance. Summit County was allowed to write an argument in favor of, or against, the referendum but did not include one. The County Council voted 4-1 to approve the amended development agreement on Dec. 18, paving the way for more than 800 units to be built in the Kimball Junction area.

The seven Summit County residents who sponsored the application — Scott Greenberg, Joe Urankar, Ruby Diaz, Robert Lattanzi, Shawn Stinson, Brendan Weinstein and Jennifer Sexsmith — used the allotted 500 words to support their application for a referendum.

“In voting for Ordinance No. 987, Councilors openly affirmed the political pressure they received to approve an amended DA and implied Dakota’s connections to State Legislators would result in punitive legislation against Summit County. Yet without Dakota endorsing binding agreements committing the developer to the finance and facilitation of tangible community benefits, Summit County Council’s closed-door dealings don’t justify amendments to the DA,” the argument states. 

The sponsors also cited years of well-documented public opposition to the development firm’s proposals over the years, and they were critical of the market rate to affordable housing ratio as well as the sunset clause on deed-restricted units. While county councilors expressed concerns that the local government may lose out on Utah Department of Transportation funding for the S.R. 224 roadway improvement project, sponsors said those threats are idle.

Threats regarding legislative interference from the state are also unfounded, the sponsors said. They noted the Utah Supreme Court upheld voters rights for a ballot referendum process last year by affirming Amendment D was unconstitutional.

“Furthermore, it sets dangerous precedent; without the offset of measurable community benefits firmly in place, parcels in the hands of even more extractive developers seeking to profit from the coming Olympics would subject local land use authorities to potentially worse proposals than Dakota’s mixed use,” the sponsors stated.

The referendum seeks to “restore ultimate authority to voters” by putting the Dakota Pacific decision on the ballot. If voters choose to repeal the ordinance, it would restore the original development agreement and ensure all current and future applications for development near the Tech Center are subject to that agreement — preventing the mixed-use proposal from being allowable.

The County Attorney’s Office announced last week the referendum is referable to voters because it was a legislative decision on a land-use regulation. Meanwhile, Summit County Chief Finance Officer Matt Leavitt determined the consequences of repealing the ordinance could cost millions.

He estimated a loss of $266,800 in annual taxes; $4 million in rental income; $4 million in developer contributions; community amenities including an amphitheater, Kimball Junction interchange improvements, an S.R. 224 pedestrian safety crossing, and property donated to Summit County by Dakota Pacific.

Leavitt feared Summit County would lose out on transportation funding from the state and federal government, and that the legal feud between the local government and development firm would restart.

The sponsors have until March 3 to collect nearly 5,000 signatures from registered voters who support the referendum. They’ll need to collect signatures of 16% of voters countywide as well as at least 16% in three of the four districts to make it onto the November ballot.

Since the referendum was announced, Dakota Pacific filed a petition to incorporate its land as a preliminary municipality. If deemed feasible by the Utah Lieutenant Governor’s Office, the development firm would have the right to make land use and zoning decisions regardless of whether the ordinance is repealed.

However, the sponsors said the incorporation attempt is a “bait and scare” tactic intended to bully the public into thinking they are powerless.

Additional information is available at summitcountyutah.gov/referendum.

The post Petition to repeal Ordinance No. 987, the Dakota Pacific agreement, circulates in Summit County appeared first on Park Record.

Summit County prosecutors and Kouri Richins’ defense attorneys are asking the Utah Supreme Court to overturn a ruling that prevents them from drawing prospective jurors from Salt Lake County and conducting jury selection in person.

The 198-page joint petition was filed on Dec. 17 by the Summit County Attorney’s Office and lawyers representing the Kamas mother of three charged with fatally poisoning her husband, Eric Richins. The parties also filed for expedited review given the trial timeline.

Defense attorneys Wendy Lewis and Kathy Nester informed Third District Court Judge Richard Mrazik earlier this month that they planned to ask the state’s highest court to overrule Third District Court Presiding Judge Laura Scott’s decision. They argued the extreme media attention and publicity in the case warrants special circumstances, such as not holding jury selection online. Mrazik agreed.

However, Scott in November said the two sides failed to show there are “extraordinary circumstances” that would result in a “manifest of injustice” if jury selection is conducted in person. Her decision superseded Mrazik’s ruling.

The County Attorney’s Office and defense team are asking the Utah Supreme Court to grant their request, which would effectively allow Mrazik to allow for in-person jury selection. 

“This ruling is an abuse of discretion, which significantly impairs the ability of the trial judge and the parties to seat a fair and unbiased jury that will conscientiously perform its duty,” the court filing said.

The lawyers also want the jury pool to be expanded to Salt Lake County in hopes of diversifying the pool. Mrazik said earlier this month he was unfamiliar with any other cases in Utah that have pulled jurors from two counties.

The appellant group representing Kouri Richins and attorneys for the state are asking for a decision to be made by February. Mrazik scheduled a four-week jury trial to begin in late April. 

Before that, the Third District Court will send out questionnaires to potential jurors. That’s also supposed to happen by the end of February so jury selection can begin on April 22. That process is expected to take four days. 

Then, the trial would take place during the weeks of April 28 and May 5, 12 and 19. The jury could also decide it wants to deliberate through Memorial Day week. 

“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 joint motion for expedited review 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.”

Mrazik said during a Dec. 12 pretrial conference that he supported the appeal, but he warned the parties they “may be swimming upstream on that one.” He also agreed to extend the Kouri Richins trial by another week to accommodate what’s expected to be a robust case featuring extensive testimony and evidence. 

The next in-person hearing was scheduled for 10:30 a.m. on Jan. 23 to determine what evidence may be excluded from the trial.

Kouri faces nine felony charges stemming from the death of her husband, 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.

The post Utah Supreme Court asked to weigh in on jury selection for Kouri Richins trial appeared first on Park Record.

Third District Court Judge Richard Mrazik granted a request to extend Kouri Richins’ trial by another week to accommodate for what’s expected to be a robust case featuring extensive testimony and evidence.

Summit County prosecutors and defense attorneys Kathy Nester and Wendy Lewis met for a pretrial conference on Thursday morning to discuss several matters, including motions to suppress, evidentiary hearings, jury selection logistics and concerns over the trial length.

“One of the things we talked about with the state is as we’re all preparing, we are starting to feel some anxiety about finishing this case in 12 days. We do anticipate putting on a fairly robust defense, which will involve days of testimony from witnesses. I mean, we may have as many as 20 witnesses, maybe less. And of course, Ms. Richins has a constitutional right to testify. Should she decide to exercise that, we anticipate her testimony would be quite lengthy,” Nester said.

The Summit County Attorney’s Office also said it felt anxious about whether it could make its case in eight days.

So Mrazik moved jury selection up to the week of April 21 instead of April 28. Then, the jury trial would be held Monday through Thursday during the weeks of April 28 and May 5, 12 and 19. The jury could also decide it wants to deliberate through Memorial Day week.

The two sides agreed to adhere to a strict filing timeline to ensure all documents are in order by the time of the hearings scheduled throughout the spring, and they have been sharing information about potential jury questionnaires. The final version is expected to be part of that, and jurors will need time to fill out and return the sheets. 

The questionnaire would be completed by Jan. 31 and would be approved during a pretrial conference in February. Mrazik questioned how many people would receive the questionnaire. The judge estimated the jury pool is about 3,000 people and said he expected about half to be returned.

Another percentage would be eliminated based on their responses, leaving several hundred potential jurors. The two sides were still undecided about how many people they wanted to call each day.

“I think the goal would be to send enough out that we have buffer for a significant number of strikes for cause rather than send out two rounds, because I think that’s more complicated. And so I think we just would prefer upping the number we send the questionnaires to rather than going through a second round,” Nester said.

Third District Court Presiding Judge Laura Scott shut down in-person jury selection last month, and said the pool must come exclusively from Summit County. The attorneys on both sides argued it should be expanded to Salt Lake County as well, but Scott seemingly ruled jurors from the Wasatch Front would be significantly inconvenienced by the arrangement. 

Prosecutors and the defense said they plan to file an “emergency petition” to appeal the decision. Mrazik said he couldn’t find any examples in Utah in which jurors were pulled from two counties.

“I endorsed your stipulation, and we may be swimming upstream on that one. … If you want all from Salt Lake, that’s a motion to change venue,” Mrazik said.

Neither the County Attorney’s Office nor the defense indicated it plans to go that route. The next in-person hearing was scheduled for 10:30 a.m. on Jan. 23 to determine which evidence may be excluded.

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.

The post Summit County judge extends Kouri Richins trial appeared first on Park Record.

Heber City Police have agreed to hand over a cell phone belonging to a former employee of Kouri Richins who was allegedly asked to procure drugs for her in the weeks leading up to Eric Richins’ death.

The witness, William Hayden Jeffs, worked as a handyman on several properties Kouri owned through her real estate business, according to a search warrant signed on Nov. 6. 

Summit County Sheriff’s Office detectives said they interviewed Jeffs earlier this year, and he showed text messages allegedly corroborating his statement that Kouri asked him to supply her with fentanyl and propofol. Jeffs provided copies of the texts to investigators, the search warrant said.

He is the second employee the Kamas mother of three is accused of asking for drugs before her husband’s fatal overdose on March 4, 2022. Eric died after consuming five times the lethal dose of fentanyl, according to autopsy results. 

Summit County prosecutors accused Kouri of poisoning her husband with a laced Moscow Mule and arrested her in May 2023. They allege Kouri purchased illicit fentanyl from an acquaintance, who was a housekeeper she employed, multiple times in early 2022. 

Phone records show Kouri contacted the housekeeper several times in January 2022. However, the content of the messages is unknown because they were deleted. The housekeeper told detectives Kouri called or texted her asking for fentanyl, so she asked an acquaintance to introduce her to someone who could sell her drugs. The acquaintance gave the housekeeper a name and phone number, and a meeting was arranged. 

Court records state the housekeeper met the individual at a gas station in Draper on Feb. 11, 2022, and purchased between 15 and 30 pills believed to be fentanyl. 

“Three days later, on February 14, 2022, the Defendant prepared a sandwich for Eric Richins and placed it on the seat of his truck with a love note. Shortly after consuming the sandwich, Eric Richins broke out in hives and had difficulty breathing,” the search warrant said. 

Eric administered his son’s EpiPen and fell asleep. Prosecutors said he believed he had been poisoned and told a friend he thought he almost died. Kouri allegedly asked her housekeeper to procure something stronger in late February. Eric died less than a week later.

The search warrant signed earlier this month does not indicate when Kouri may have contacted her handyman for fentanyl. Jeffs, 35, died in a motorcycle accident on Sept. 30. His cell phone was seized by the Heber City Police Department in a separate investigation. Officers released it to the Summit County Attorney’s Office after the warrant was served to assist with the homicide case.

A second search warrant was also signed on Nov. 6 granting law enforcement access to the Richins’ Francis home. Investigators wanted to collect “any and all documents, writings, or journals located on the Richins Family Home property, including in outbuildings, garages, and detached home offices.”

Kouri is charged with nine crimes including two first-degree felonies — aggravated murder and attempted criminal homicide — as well as several second and third-degree felony charges of mortgage fraud, making a false insurance claim and forgery.

Third District Court Judge Richard Mrazik on Nov. 12 granted a request from prosecutors to drop two second-degree felony charges of distribution of a controlled substance.

Kouri has been held in the Summit County Jail since her arrest. An aggravated murder trial is set for May 2025. Mrazik denied her defense attorneys’ request to reconsider bail during a Nov. 12 hearing.

The judge did rule to sever the two mortgage fraud and two felony forgery charges stemming from incidents in 2021, meaning there would be a separate trial for the fraud allegations.

Kouri Richins and her family have maintained her innocence.

“With two charges dismissed and four others severed, the defense stands more confident. The case against our client is rapidly narrowing, exposing deeper weaknesses with each step,” defense attorney Kathryn Nester said in a statement earlier this month.

The post New evidence emerges in Kouri Richins case appeared first on Park Record.

Third District Court Presiding Judge Laura Scott denied a request from Summit County prosecutors and Kouri Richins’ defense team to conduct jury selection in person despite their argument that the case’s “extreme media attention” would make virtual jury selection challenging.

Scott ruled on Tuesday the parties failed to show there are “extraordinary circumstances” that would result in a “manifest of injustice” if jury selection is conducted in person. 

“While there is no question this is a ‘high profile case’ being covered by traditional and ‘new media,’ there are many such cases in Third District Court,” the denial said. “Moreover, as has been done in several other cases, issues regarding cameras and the number of people in and around the courtroom during a trial can be addressed with carefully crafted jury questionnaires, jury instructions, and decorum orders.”

Kathryn Nester and Wendy Lewis, the defense attorneys representing the Kamas mother of three charged with orchestrating her husband’s overdose, argued during a Nov. 12 hearing that the jury pool should be expanded to Salt Lake and Summit counties and be held in person. They said it’s important for the lawyers to see how each person reacts to Kouri’s presence and television crews if they’re planning to hold a 12-day trial that’s captured international media attention.

The Summit County Attorney’s Office agreed in person was the best way to ensure a fair, capable pool.

Third District Court Judge Richard Mrazik supported expanding the jury pool, but he was a proponent of the virtual process. However, he understood concerns about exposing the jury pool to extensive media attention and ultimately decided the intense focus on the case could be considered an extraordinary circumstance. 

“Moreover, on days on which the court holds hearings in this matter, the courthouse appears and feels overrun. Oftentimes, the parking lot is full, the lobby is full, and the gallery is full,” Mrazik said in a Nov. 15 ruling on the motion. “The cumulative effect of these circumstances — the cameras in the courtroom, the sheer volume and varied types of media attention, and the sheer number of people in and around the courthouse — palpably changes the energy in the courtroom.”

Mrazik referred the matter to Scott for approval or rejection.

Scott wasn’t convinced the explanation from Mrazik or the defense adequately addressed why in-person jury selection was needed. 

She cited an article provided by the defense that acknowledges a remote selection process could actually enhance accessibility and broaden the jury pool while mitigating public exposure, “especially in high-profile cases where media attention can influence jurors.”

Scott also expressed skepticism about the benefit of jurors being exposed to a large media presence, saying any potential benefit is minimal compared to the significant inconvenience imposed on dozens of prospective jurors from Salt Lake County who would be forced to travel to Summit County for in-person jury selection.

A pretrial conference has been set for 9:30 a.m. on Dec. 12 to determine the next steps in the case, including details of jury selection such as creating a case-specific questionnaire. 

Jury selection is planned to take place over four days in late April 2025 with the trial set to start in May.

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.

The post Third District Court judge shuts down in-person jury selection for Kouri Richins’ trial appeared first on Park Record.

Summit County prosecutors filed a motion on Friday to dismiss two charges against Kouri Richins, the Kamas mother of three accused of fatally poisoning her husband.

County Attorney Margaret Olson asked the court to drop the two charges of distribution of a controlled substance, a second-degree felony, so prosecutors can focus on the financial proof of the case. The 34 year old now faces nine felony counts connected to the death of her husband, Eric Richins, in March 2022.

Prosecutors also responded in opposition to the defendant’s request to separate several of the charges — attempted homicide, distribution of a controlled substance, mortgage fraud and forgery — for a different trial.

“The state joined all nine offenses in a single information because they are directly connected by the defendant’s motive for financial gain and for the world to view her as an accomplished person of status. The offenses that the defendant seeks to sever precipitated other offenses, and an arc of the defendant’s increasingly aggressive parasitic behavior connects all nine offenses,” the filing stated.

Olson argued that the charges show a common scheme or plan and should remain joined. The filing said Kouri wanted to be viewed as affluent, and alleged she needed to cause her husband’s death to benefit financially after incurring millions in high-interest debt.

The defense, led by Wendy Lewis and Kathy Nester, argued the evidence supporting the attempted homicide charge is largely circumstantial and that the alleged mortgage fraud and forgery happened a year before Eric Richins died.

“There is no evidence that this conduct was connected in any way to his death. The sole reason to join these charges is to impugn the character and credibility of Mrs. Richins and there is no scenario where evidence of these alleged prior bad acts would be admissible in a trial … if they were not joined in the information,” the Oct. 29 filing stated.

The Nester Lewis law firm also filed additional motions last week to seat 12 jurors instead of eight and submitted supplemental evidence to support its motion for the judge to reconsider bail and conditions for pre-trial release. 

The County Attorney’s Office filed its opposition to the motion on Thursday saying “nothing has changed” since Kouri Richins was sentenced to be held in the Summit County Jail without bail until her trial. Third District Court Judge Richard Mrazik made that ruling in June 2023. The trial has since been scheduled for May 2025.

Under state law, the defendant can only be released if they show there has been a “material change in circumstance” which includes an unreasonable delay in prosecution not attributed to the defense, a change in the risk the individual poses to a victim, witness or the public, a change in the conditions of release or the services reasonably available if the defendant is released, a willful or repeated failure to appear at required court appearances and any change related to the risk of flight.

The defense argued Kouri has “displayed no indications of violence or danger whatsoever” throughout the 17 months she’s been incarcerated. Her attorneys said she’s participated in multiple classes, including a paralegal studies course and a master of business administration program. 

They also argued her relationship with her sons is “being irreparably damaged” while she’s in jail because the Richins family has allegedly refused visitation, calls and letters. 

“If she were to be released, she could participate in supervised, in-person visits and try to repair some of the damage that has been done to her relationship with her sons before it is too late,” an October filing stated. 

Kouri Richins would live with her brother and sister-in-law in Salt Lake County if the judge reconsiders the conditions of her release. A motions hearing is scheduled for 9:30 a.m. on Tuesday.

Mrazik could rule on the request to reconsider bail, the request to sever the counts and the request to dismiss two counts.

Update: Mrazik ruled on Tuesday to keep the attempted criminal homicide charge and aggravated murder charge joined. He ruled four felony charges of mortgage fraud and forgery should be tried separately.

“The prosecution is attempting to spin their decision to drop two serious felony distribution charges as a strategic move to ‘focus on other matters,’ rather than acknowledging that these charges were baseless and should never have been brought in the first place. It’s remarkable that a prosecutor would think they can bring such serious allegations without sufficient evidence, then simply walk them back without scrutiny,” Alex Ramos, attorney for Kouri Richins said in a statement.

The post Summit County prosecutors plan to dismiss two charges against Kouri Richins appeared first on Park Record.