- Judge Richard Mrazik denied Kouri Richins' request to delay her May 13 sentencing, leaving it on Eric Richins' birthday.
- Attorneys for Kouri Richins, who was convicted of murdering her husband, asked for more time to prepare.
- Prosecutors said a delay would cause prejudice to Eric Richins' family members, and the judge agreed.
PARK CITY — Kouri Richins' sentencing hearing will happen as scheduled on May 13 — the day that would have been her husband's 44th birthday — after 3rd District Judge Richard Mrazik denied a request to delay it until June.
Richins' attorneys had requested the change, citing a need for more time to gather information that might persuade Mrazik to sentence her to 25 years to life in prison rather than life in prison without the possibility of parole.
A jury found Richins, a Utah mom, real estate agent and children's book author, guilty on March 16 of fatally poisoning her husband with fentanyl. She called 911 to report her husband, Eric Richins, was cold in the early morning hours on March 4, 2022, but wasn't arrested until over a year later. Jurors determined she both caused his death and attempted to kill him a few weeks earlier on Valentine's Day.
On April 13, Richins filed a motion to move the sentencing, citing that a close family member of defense attorney Kathy Nestor's had recently died, and attorney Alexander Ramos is scheduled to be in a trial on the same day of her sentencing. The defense argued that they have not had the anticipated time available to prepare and one attorney would not be able to attend the May 13 sentencing.
Mrazik determined that the circumstances did not justify a delay and the team will have had about two months to prepare for the sentencing. He said Richins' motion did not specify what still needs to be done, and that she still has two "highly qualified attorneys" who can prepare for her case and two who can represent her at the hearing.
He also said the interest of Eric Richins' family members to not delay the sentencing is "compelling." He specifically cited portions of prosecutors' response that were redacted publicly, which he said argued the delay would negatively impact "the minor victims," likely meaning the children of Kouri and Eric Richins.
Mrazik said he determined they would "endure significant prejudice" from a delay.
Mrazik cleared his entire schedule for the sentencing day, in case more time than anticipated is needed "to ensure that all interested parties have ample opportunity to be heard," his ruling said.
According to the state's response, the day after the sentencing was scheduled, Kouri Richins' aunt asked whether the sentencing was on Eric Richins' birthday. Kouri Richins responded that she had told her attorney to "reschedule it for the end of May," and her attorney said she would. Their request to delay the sentencing, however, was filed almost a month later.
Prosecutors said Eric Richins' family members had scheduled time off work based on the sentencing date and deadlines for any appeals, which are tied to that date.
They said throughout the case, prosecutors have allowed Richins and her attorneys to decide scheduling "every single time," and that the attorneys had confirmed their availability for the sentencing when it was scheduled. Ramos' trial, they said, was scheduled after the sentencing.
Richins was found guilty of aggravated murder and attempted aggravated murder, first-degree felonies; two counts of insurance fraud, a second-degree felony; and forgery, a third-degree felony. She is also charged with financial crimes in a separate case.
