Prosecutors ask judge to deny Kouri Richins’ request to postpone sentencing

PARK CITY, Utah — Prosecutors are asking a judge to reject Kouri Richins’ request to have her sentencing pushed back a month.

Richins, 35, was found guilty on March 16 for the aggravated murder and attempted aggravated murder of her husband, Eric Richins. A jury also found her guilty of two counts of insurance fraud and forgery.

After the verdict was announced, Judge Richard Mrazik set Richins’ sentencing for the morning of May 13. Both the prosecution and defense agreed on the date, which happens to be Eric Richins’ birthday.

But last week, defense attorney Wendy Lewis filed a motion asking Mrazik to reschedule sentencing to the week of June 15 based on four reasons:

• Because Richins will face two sentencing options – either 25 years to life in prison or life in prison without the possibility of parole – the defense needs additional time to prepare mitigation evidence and witnesses.
• The defense needs a full day for sentencing rather than a half day.
• Defense attorney Kathryn Nester recently had a death in the family and won’t have adequate time to prepare for sentencing. She will also be out of the country for the first two weeks of June.
• Defense attorney Alex Ramos has another trial scheduled for the week of May 11.

Summit County Chief Prosecutor Brad Bloodworth filed a motion on April 15 asking Mrazik to deny the defense’s request to move the sentencing date.

“For three years, Eric Richins’ family has painfully and patiently stood by as the defendant has manufactured one reason after another to delay this proceeding. There is no good reason for them to suffer further delay. The time has come for the court to sentence Kouri Richins,” Bloodworth wrote.

Bloodworth noted the prosecution has deferred to defense counsel on scheduling “every single time, without exception,” and the defense agreed on May 13 when the judge mentioned it following the verdict on March 16.

“The next day, on March 17, ‘the defendant’s aunt asked the defendant if the sentencing was scheduled on Eric Richins’ birthday. The defendant answered that it was ‘as of now’ but that she ‘told (Kathy Nester) to reschedule it for the end of May’ and that Ms. Nester ‘said she would,'” Bloodworth wrote.

The prosecutor noted Ramos’ trial in May was set on March 24, eight days after Richins’ sentencing was scheduled, and the timing doesn’t matter because Richins’ case is non-capital, meaning the defendant is only constitutionally entitled to one attorney.

“Sentencing can proceed with the defendant’s two remaining counsel,” Bloodworth said.

Bloodworth said the state and Eric Richins’ family “need no longer to defer to the defendant’s schedule preferences,” and 53 days should be sufficient time for the defense to prepare for sentencing, notwithstanding Nester’s family death.

Mrazik has yet to rule on the request.