Judge denies Kouri Richins bail a second time, drops two charges

PARK CITY, Utah ( ABC4 ) — A Park City judge ruled on several motions in the Kouri Richins murder case Tuesday morning, including the motions to reconsider bail and dismiss drug distribution charges.

Kouri Richins, the Kamas woman accused of poisoning her husband and later writing a children's book on grief, was denied bail for the second time after the judge ruled she was a flight risk and a potential danger to herself or others. The court also granted the state's motion to dismiss both drug distribution charges.

Judge Richard Mrazik considered arguments on several motions, including motions sever charges, select jurors in person, and reconsider bail.

Dismissing and severing charges Almost immediately after everyone was seated, Mrazik ruled in favor of the state's request to drop the drug distribution charges — count three and four — before moving on to the motions that required greater discussion.

Richins' attorneys then discussed their request to sever the aggravated murder and attempted criminal homicide charges, arguing that they should be tried in separate trials to avoid jury prejudice. They also argued that the mortgage fraud and forgery charges were "wholly unrelated" to the death of Eric Richins.

RELATED: Kouri Richins complete timeline in murder case

After much discussion on the issue, Mrazik denied the motion to sever the murder charge from the attempted criminal homicide charge saying there is an argument that the two are connected under "a common scheme or plan."

He said the alleged attempted homicide was only 17 days before the death of Eric Richins, and in both incidents, there were text messages allegedly indicating Kouri Richins had obtained fentanyl, given him food or drink, then left the scene.

However, he said due to possible unfair prejudice, the four counts of mortgage fraud and forgery will be severed and tried separately.

"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," Kathy Nester, Richins' attorney, said in a statement.

Jury selection The defense then brought the issue of jury selection before the judge, arguing that the jury should consist of 12 people rather than eight and should be selected in person.

Mrazik said he agreed that the jury should comprise 12 people, but was unable to grant the request due to Utah's current law which restricts the jury to eight people. He said Utah may be on the wrong side of history in this fight, and "respectfully denied" the motion.

As for in-person jury selection, Mrazik disagreed with the attorney's arguments that people would be easier to read and more honest in person. However, he granted the motion due to the "extreme amount of media attention" which he ruled qualified as "extraordinary circumstances."

Mrazik said the jury should know what they are getting into, in terms of media attention, and attorneys should be able to select them while observing them under those circumstances.

Reconsidering bail The defense presented its argument to reconsider Richins' bail, saying there have been multiple changes to the case since Richins' bail was last denied in June of 2023.

Richins' attorneys said the fact that she is no longer facing the death penalty and the dismissal of the drug counts provides an opportunity to reconsider the previous denial of bail. Attorneys also argued the change in her council, among other factors, significantly delayed her trial.

"Because of the nature of the beast, she's been in jail now presumed innocent for 17 months," Nester said.

While the death penalty is not on the table, Mrazik said potentially dying in prison from old age is still a strong incentive to harm others or flee.

Mrazik said in the first bail hearing he ruled Richins was not a flight risk but was a danger to herself or the community. Due to her loss of connections with the community over the past year, he said he now considers her a danger to herself or others as well as a flight risk. The court denied the motion to reconsider bail.

Richins' trial is scheduled for April 28 through May 22.