Summit County prosecutors plan to dismiss two charges against Kouri Richins
Nov 11, 2024
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 twelve 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 masters 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.The post Summit County prosecutors plan to dismiss two charges against Kouri Richins appeared first on Park Record.