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PARK CITY — A judge denied a motion to dismiss a murder charge against Kouri Richins, deciding Friday that prosecutors acted within professional conduct rules when they published a letter found in her jail cell that was addressed to her mother.
The letter accompanied a motion prosecutors filed asking to restrict Richins' contact with her family because prosecutors said the letter was a request to her mother and brother to give false testimony at her trial. The judge denied that motion Friday as well.
Richins, 33, is charged with aggravated murder, a first-degree felony. She is accused of administering a fatal dose of fentanyl to her husband, Eric Richins, 39. She was not charged until over a year after her husband's death on March 4, 2022. During that year, she wrote and published a children's book about dealing with grief.
The letter in question says that a "connection has to be made with Mexico and drugs," allegedly expressing a desire to link Eric Richins getting drugs from Mexico to the fentanyl that caused his death. In the letter, prosecutors believe Kouri Richins wants her brother to say Eric Richins told him he got pain pills and fentanyl from Mexico through workers at a ranch.
She tells her mother in the letter to take "vague notes" so she can remember the contents "before you walk the dog."
Richins says the letter was "an excerpt of a fictional book" she is writing about her stay in a Mexican prison. In a jail conversation with her mother, she explained to her mom that in her mystery book, she goes to Mexico to find drugs with her dad.
Defense attorney Skye Lazaro argued Friday that prosecutors breached their duty because their motion to restrict Richins' contact with family accused her not just of witness tampering, but argued that her attempt at witness tampering shows she is guilty of murder.
"They have clearly violated the rule," Lazaro said.
She said the arguments in the motion would not be allowed during closing arguments of trial and should not be used in legal filings, especially since the case has received significant public attention. She claims the letter caused "worldwide prejudice" against her client, herself and potential witnesses at trial.
Prosecutors filed the letter in court in September, explaining that it was found inside a book during a search of Richins' cell at the Summit County Jail.
Third District Judge Richard Mrazik said prosecutors' use of the letter in public court records could only lead to a dismissal of the case if it would impede Richins' rights for due process or her right to a fair trial.
He said although the comments without context could raise concerns of adding prejudice to potential jurors, they are "anchored to evidence in the record and motions made by the parties."
Mrazik said the case received a lot of attention even before the letter was made public, and the court has methods to ensure publicity does not cause harm to a defendant, including a careful jury selection process.
Media attorneys in previous cases have argued that there has never been a criminal case in Utah that was successfully appealed because of pretrial publicity.
Lazaro said the letter "is out there forever" whether or not the letter is admissible in the trial — and the attorney said she might file a motion to keep the letter out of evidence at trial.
Lazaro said because of how serious the state's statements about the letter were, she doesn't think a careful jury selection process is enough to guarantee a fair trial for Richins. She asked for other measures, like not allowing the Summit County Attorney's Office to prosecute the case.
"I think in order to fix the narrative that the state has put out there, there needs to be drastic measures," she said.
Mrazik denied the request to remove the county prosecutors from the case, and also denied prosecutors' requests to restrict contact between Richins and her family, ruling that any evidence of witness tampering was not sufficient enough to restrict her First Amendment rights.
He said communications in the jail are already restricted, and restricting contact could cause prejudice against Richins in a civil case filed by her husband's family regarding assets.
Mrazik said there are "several plausible readings" of the letter, and there is also no evidence showing that the letter was ever handed to anyone.
