Kouri Richins’ criminal case will return to Summit County’s Third District Court after the Utah Supreme Court denied to hear an appeal filed by her defense team.

A jury trial was scheduled to start in late April. Yet the proceedings were delayed indefinitely when the Kamas mother of three’s lawyers appealed a decision preventing them from changing the trial venue to Salt Lake County or seating a jury of Salt Lake voters in Summit County.

Third District Court Judge Richard Mrazik on April 7 granted a motion to pause all pretrial proceedings in the murder case until an appellate court could determine whether a fair and impartial jury can be seated in Summit County. The trial was originally scheduled to start three weeks later and was expected to wrap up around Memorial Day.

Defense attorneys Wendy Lewis and Kathy Nester argued for a change of venue, asking Mrazik to either pull jurors from Salt Lake County or move court proceedings to the valley, given the “extreme” media attention the case has received. 

“We remain concerned that the extensive negative publicity that has plagued Summit County since the beginning of this case has left potential jurors with false impressions of the facts in this case” Nester Lewis said in a statement. “We are confident that when the jury is ultimately selected and hears the true facts and gets to know the kind of wife, mother and person Kouri is, that they will believe in her innocence as much as we do.”

Utah Supreme Court Justices denied the appeal on Friday, meaning the case will be remitted back to the Third District Court. The Summit County Attorney’s Office filed a request for a scheduling conference in light of the decision. 

Prosecutors opposed the change of venue request, saying the publicity extends beyond the Wasatch Back and there are enough prospective jurors in the community to ensure a fair trial.

Mrazik would lift the stay that pauses the trial once the case is returned to the Third District Court. Then, prosecutors and defense attorneys would meet to discuss when the trial could resume. There are several factors to consider, including jury selection, which was scheduled to take about a week, and witness availability.

The two sides created a case-specific questionnaire that was distributed to more than 1,100 prospective jurors and planned to interview about 180 people. Ultimately, eight jurors and four alternates would be selected. 

However, new jury summons orders will be sent out, and a different questionnaire will be distributed to eligible Summit County residents. Mrazik in April was confident there would be “an ample pool” of neutral, impartial people in Summit County to ensure a fair trial.

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

Kouri faces nine felony charges stemming from the death of her husband, 39-year-old Eric Richins, in 2022, including aggravated murder and attempted criminal homicide. Kouri Richins and her family have maintained her innocence.

This article was updated with a statement from defense attorneys Kathy Nester and Wendy Lewis.

The post Kouri Richins’ criminal trial to proceed in Summit County after high court denies appeal appeared first on Park Record.

After nearly two years of legal limbo, the Utah Supreme Court on Wednesday heard oral arguments in an appeal challenging the dismissal of charges in a case involving a Park City High School tennis coach accused of assaulting a student player.

The long-awaited hearing marks a pivotal moment that will determine whether the case will remain closed or proceed to trial. 

Lani Wilcox was charged with aggravated child abuse, a third-degree felony, and one count of damage to a communication device, a class B misdemeanor, in September 2022 after an altercation with a player the month prior. Wilcox was accused of grabbing a high school tennis player around the neck and bringing her to the ground in a chokehold after the student slapped Wilcox on the face when a verbal argument about the athlete’s position on the team escalated.

Third District Court Judge Richard Mrazik in May 2023 dismissed the charges, saying prosecutors had not proven the use of force was unjustified, prompting the Summit County Attorney’s Office to file an appeal with the Utah Court of Appeals.

“The parties and the court followed the statutory process in this matter where justification was claimed,” Summit County Attorney Margaret Olson said in a statement at the time. “It was the purview of the court to determine justification. If any adult, let alone an individual in a position of special trust, restricts the breathing of a child in Summit County or strangles a child, they will also go through this same statutory process for the judge to determine justification.”

Now, the Utah Supreme Court is considering the key legal issues at the center of the case: whether there was an imminent threat to the other players that justified the coach’s actions and if the use of force was proportional to the potential threat. 

Justices are also thinking about the standard of review for the Third District Court decision; Mrazik said the prosecution had not proven by clear and convincing evidence that the force used by Wilcox to restrain the girl was not justified. Defense attorney Clayton Simms in June 2023 said a jury would likely find Wilcox acted in self-defense.

Appellant lawyers representing the state and the defense focused on parsing the subjective and objective elements of Wilcox’s actions, specifically the coach’s belief that the girl posed a potential threat to other players present at the Park City Municipal Athletic & Recreation Center (PC MARC) during practice.

Both sides agree that the Aug. 29, 2022, incident happened very quickly, but disagree about whether there was an imminent threat to others and if the amount of force used was appropriate for the situation.

Wilcox testified in January 2023 that the student-athlete was angry because she would not be playing in an upcoming match, as she had missed practice. An argument ensued, and the girl struck Wilcox on her left cheek after the coach allegedly got into her face. Then, Wilcox said she put the girl in a “bear hug” from behind to protect herself and others on the tennis courts. 

The two then fell to the ground. The girl rose and kicked the male assistant tennis coach in the groin. The girl testified she struck Wilcox because she thought her coach was going to push her. She said in a written statement to Park City Police that she was scared the assistant coach “would do something as well,” so she kicked him.

The Utah Supreme Court has not rendered a decision as of Friday morning. Justices said on Wednesday they would take the matter under advisement. They acknowledged the complex nature of the case, and the ruling could set a precedent for future cases involving the justification statute and the standard of review for self-defense claims.

Procedurally, if the Utah Supreme Court reverses Mrazik’s decision to dismiss the charges, the case would proceed to trial.

The post Utah Supreme Court hears appeal in Park City tennis coach assault case appeared first on Park Record.

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.

The post Utah Supreme Court sets oral arguments for jury selection, process in Kouri Richins case 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.