UT - Kouri Richins, 33, Author, wife, mom, charged in husband’s “unexpected” death last year, May 2023

[Seattle1]

For me, this part of the article is interesting ...

a visual sight of being dressed properly could be helpful. Perhaps a reminder she is a mom.

^^rsbm

For as long as I can recall, the Sixth and Fourteenth Amendments of the U.S. Constitution have long been the basis for both U.S. and State Courts allowing criminal defendants in custody to appear at TRIAL without restraints and/or "prison garb" -- and instead dressed in civilian or street attire. Nothing unusual here...

But every state including Utah is different on what they allow in their criminal courts, pursuant to the State's own bill of rights, including whether or not to consider a motion for a defendant in custody to appear in street attire-- anytime PRIOR to voir dire (juror selection) or the actual trial (where a defendant will be in view of the jury or potential jurors). (Estelle v. Williams, 425 U.S. 501, 505 (1976)).

For example, we know Alex Murdaugh's defense wasted no time seeking the court's permission for the defendant to wear civilian clothes-- as early as his arraignment, relying on the argument it would be prejudicial for the defendant in this high profile case with large amounts of media attention to be seen in jail garb, replayed 24/7 in MSM and social media, and the court granted the motion.

Whereas Colorado, known to hold firm on no cameras in the courtrooms of criminal trials, pursuant to the State's constitution, typically does not consider granting requests for street clothes except for when a defendant is in view of jurors -- also citing Estelle, and how the holding applies only to trials “before a jury," and not pretrial court hearings or appearances.

In the case of Colorado's Letecia Stauch, Judge Werner had to convince the defendant to reconsider wearing civilian clothes at her TRIAL after she first told the court she wanted to wear her jail garb because she didn't believe it would make any difference.

In this same case, Colorado Judge Werner also warned the defendant he could restrain her to a post specially installed beneath the defense table-- where the State's bill of rights provides in the exercise of its discretion, that restraints are justified by a State interest specific to the particular defendant on trial.

So the real question here is what precedent and case law is already set in Utah criminal courts for defendants in custody to appear at pretrial hearings in street attire. IMO, here lies the answer, and not whether the defendant is a mother.

Estelle v Williams

 

[Seattle1]

Park City judge issues partial gag order in high-profile Richins murder case - East Idaho News

PARK CITY, Utah (KSL.com) — The judge in the case of a Kamas woman accused of killing her husband by secretly administering a fatal dose of fentanyl has issued a partial gag order in the proceedings. A “protection order” will be in effect for attorneys in the case, but 3rd District Judge Judge...

www.eastidahonews.com

June 2, 2023

Defense attorneys also filed a motion Thursday asking that Richins be allowed “to appear at all in-court proceedings in civilian clothes instead of a prison uniform and without restraint by any means, including shackles.”

In addition, the defense is asking that once the trial begins, measures be taken to make sure jurors never see Richins in restraints either inside or outside the courtroom, and that should their client be found guilty, that the same rules continue to apply during a sentencing hearing.

“Due to the nature of the charges in this case and the publicity the case has generated, media coverage of the accused dressed in prison garb creates a great potential for harm,” the defense argued in its motion. “Ms. Richins contends that the death penalty’s unique nature heightens her right to be free from these impairments.”

In a written ruling Friday afternoon, Mrazik agreed to allow Richins to wear street clothes, but is leaving it up to the Summit County Sheriff’s Office to determine the level of restraint in the courtroom, ordering that Richins “shall be restrained as necessary to preserve the safety and security of (her) and the courtroom.”

Prosecutors have not said whether they’ll seek the death penalty if Richins is convicted.

 

[Cindizzi]

^^rsbm

For as long as I can recall, the Sixth and Fourteenth Amendments of the U.S. Constitution have long been the basis for both U.S. and State Courts allowing criminal defendants in custody to appear at TRIAL without restraints and/or "prison garb" -- and instead dressed in civilian or street attire. Nothing unusual here...

But every state including Utah is different on what they allow in their criminal courts, pursuant to the State's own bill of rights, including whether or not to consider a motion for a defendant in custody to appear in street attire-- anytime PRIOR to voir dire (juror selection) or the actual trial (where a defendant will be in view of the jury or potential jurors). (Estelle v. Williams, 425 U.S. 501, 505 (1976)).

For example, we know Alex Murdaugh's defense wasted no time seeking the court's permission for the defendant to wear civilian clothes-- as early as his arraignment, relying on the argument it would be prejudicial for the defendant in this high profile case with large amounts of media attention to be seen in jail garb, replayed 24/7 in MSM and social media, and the court granted the motion.

Whereas Colorado, known to hold firm on no cameras in the courtrooms of criminal trials, pursuant to the State's constitution, typically does not consider granting requests for street clothes except for when a defendant is in view of jurors -- also citing Estelle, and how the holding applies only to trials “before a jury," and not pretrial court hearings or appearances.

In the case of Colorado's Letecia Stauch, Judge Werner had to convince the defendant to reconsider wearing civilian clothes at her TRIAL after she first told the court she wanted to wear her jail garb because she didn't believe it would make any difference.

In this same case, Colorado Judge Werner also warned the defendant he could restrain her to a post specially installed beneath the defense table-- where the State's bill of rights provides in the exercise of its discretion, that restraints are justified by a State interest specific to the particular defendant on trial.

So the real question here is what precedent and case law is already set in Utah criminal courts for defendants in custody to appear at pretrial hearings in street attire. IMO, here lies the answer, and not whether the defendant is a mother.

Estelle v Williams

Although Morphew never made it to trial in Colorado, you’ll remember that he was allowed to dress out and be uncuffed during his 4 days of Preliminary hearings.
His Public Defender ( before he hired private counsel) asked for it at his first advisement/ bond hearing the day after his arrest.

https://twitter.com/i/web/status/1390345409113976839

https://twitter.com/i/web/status/1390345895040876547

May 6 Arraignment, The People versus Barry Morphew - by Jan Wondra - Ark Valley Voice

In a relatively short arraignment on Thursday morning May 6, in 11th Judicial District Court in Salida, Barry Morphew was advised of the charges against

arkvalleyvoice.com

 

[Seattle1]

After the 3rd district Judge Richard Mrazik said "there are already tools in place to ensure a fair trial, including having “in-depth voir dire” to select unbiased jurors or a potential change of venue if “things get out of hand,” when denying a gag order requested by the prosecutor, a decision either way about KR's clothing would not have surprised me-- given it's not a statutory right for defendants in Utah, a death penalty state.

After an automatic reversal, the Bennett case was decided 30 years ago by the Utah Supreme Court where a defendant (Bennett) wore his jail clothes to court on the first day of trial because his street clothes ripped before the trial and he had no other clothes but his jumpsuit. His attorney didn't ask for a continuance, and the Judge didn't question why he was wearing his jail jumpsuit. Bennett's mother provided him new clothes on the 2nd day of trial.

The Court ruled defendants are entitled to appear before juries in civilian clothes unless they specifically request to wear jail clothing or other clothing. The court said trial judges have a duty to ensure that defendants who want to appear before juries in jail or prison clothes make a conscious and intelligent decision to do so.

Four justices refused to reverse the 1980 decision regarding defendants wearing jail clothing in front of juries, saying there was no compelling argument that the original ruling was wrong or that more harm than good comes from adhering to that standard.

There's not been another case in Utah since Bennett to raise the issue of a defendant wearing jail clothing (at trial).

Wearing of prison clothes leads to new trial for man

A man convicted more than eight years ago of sodomy and rape of a child will get a new trial because he tore his street clothing before trial and appeared before a jury wearing jail garb.

www.deseret.com

 

[Seattle1]

Although Morphew never made it to trial in Colorado, you’ll remember that he was allowed to dress out and be uncuffed during his 4 days of Preliminary hearings.
His Public Defender ( before he hired private counsel) asked for it at his first advisement/ bond hearing the day after his arrest.

https://twitter.com/i/web/status/1390345409113976839

https://twitter.com/i/web/status/1390345895040876547

May 6 Arraignment, The People versus Barry Morphew - by Jan Wondra - Ark Valley Voice

In a relatively short arraignment on Thursday morning May 6, in 11th Judicial District Court in Salida, Barry Morphew was advised of the charges against

arkvalleyvoice.com

That's right -- I remember LS tweeting about his matching (grey) suit and tie.

If I remember correctly, it was first believed BM would appear on WebEx until Judge Murphy changed his mind to family only by special login after more than 1,000 from the public logged in to a mere status hearing and chat between attendees was out of control!

Judge Murphy shut down outsiders on WebEx soon after. I want to say somebody on YT (outside of US) also rebroadcasted WebEx while BM still in custody. Of course, any hearing after BM was released on bail in September, he'd already be in street clothes.

 

[Seattle1]

But every state including Utah is different on what they allow in their criminal courts, pursuant to the State's own bill of rights, including whether or not to consider a motion for a defendant in custody to appear in street attire-- anytime PRIOR to voir dire (juror selection) or the actual trial (where a defendant will be in view of the jury or potential jurors). (Estelle v. Williams, 425 U.S. 501, 505 (1976)).

^^rsbm

Permit Delco inmates to wear civilian clothing to court

In Delaware, when a private jail was ending and transitioning inmates back to the county, opponents of inmates/defendants dressing out for hearings offered the following:

The objections to allowing this to happen boil down to security and cost. The argument about security is that if prisoners are clad in civilian clothing while they are transported to and from court and then appear in court, then this will increase the possibility that they will try to escape and if they do escape and to elude authorities wearing street clothing.

Further, there is the perceived risk that it will be easier for prisoners in civilian clothing to somehow secrete weapons or other contraband in their personal clothing and then use those items against corrections officers, deputy sheriffs, or other members of the community.

But no one is arguing that prisoners should appear absent handcuffs or absent shackles.

These very items do restrict an individual’s ability to run or move freely and should continue to be used. Also, when an individual is processed into a jail, his clothes and personal belongings are examined carefully to make sure that any contraband is separated from his permitted belongings and not returned to the prisoner at any time. With each departure from and arrival back to the prison from his court appearance, the prisoner can be additionally frisked and scanned.

It will cost more, opponents will say, because it will take additional time for corrections officers to fetch the prisoner’s civilian clothing from its storage location, examine the clothing, allow the prisoner to change from his prison clothes into his civilian clothing, and then frisk and scan the prisoner in his civilian clothing. This process would have to be repeated in reverse when the prisoners are returned to the Delaware County prison.

More time means more work for corrections officers and they will have to be paid for this additional time. But this additional cost should pay dividends in the form of fostering trust in the judicial system by not only criminal defendants, but members of the community who know these criminal defendants and want to make sure that they receive as fair treatment by the judicial system as possible.

And this fair treatment should include the ability to appear “equal” to “street” defendants who are free to wear their own civilian clothing during their pre-trial appearances before their judges.

 

[Seattle1]

Although Morphew never made it to trial in Colorado, you’ll remember that he was allowed to dress out and be uncuffed during his 4 days of Preliminary hearings.
His Public Defender ( before he hired private counsel) asked for it at his first advisement/ bond hearing the day after his arrest.

I found it (where in Colorado, BM's attorney first requested BM dress out if cameras allowed). Judge denied the request.

Prior to the hearing, his attorney asked the judge to reconsider a motion that was granted earlier to allow a camera in the courtroom.

Morphew’s attorney also asked that if a camera was allowed, that Barry Morphew be allowed to wear street clothes. The judge denied that motion.

Barry Morphew Makes First Court Appearance on 1st Degree Murder Charges

A day after his arrest on a charge of first-degree murder, Barry Morphew, the husband of missing Chaffee County woman Suzanne Morphew, made his first court appearance.

heartoftherockiesradio.com

 

[arielilane]

^^rsbm



For example, we know Alex Murdaugh's defense wasted no time seeking the court's permission for the defendant to wear civilian clothes-- as early as his arraignment, relying on the argument it would be prejudicial for the defendant in this high profile case with large amounts of media attention to be seen in jail garb, replayed 24/7 in MSM and social media, and the court granted the motion.

Whereas Colorado, known to hold firm on no cameras in the courtrooms of criminal trials, pursuant to the State's constitution, typically does not consider granting requests for street clothes except for when a defendant is in view of jurors -- also citing Estelle, and how the holding applies only to trials “before a jury," and not pretrial court hearings or appearances.

In the case of Colorado's Letecia Stauch, Judge Werner had to convince the defendant to reconsider wearing civilian clothes at her TRIAL after she first told the court she wanted to wear her jail garb because she didn't believe it would make any difference.

In this same case, Colorado Judge Werner also warned the defendant he could restrain her to a post specially installed beneath the defense table-- where the State's bill of rights provides in the exercise of its discretion, that restraints are justified by a State interest specific to the particular defendant on trial.

So the real question here is what precedent and case law is already set in Utah criminal courts for defendants in custody to appear at pretrial hearings in street attire. IMO, here lies the answer, and not whether the defendant is a mother.

Estelle v Williams

Rsbm...Bbm in green

Hope that you are doing well.

I’m familiar with your posts here and it appears that you’re frequently putting a lot of research and effort into your posts. However, your post wasn’t clear so I’ve got a few questions.

Who is the “we” (bbm) you referenced in Alex Murdaugh’s defense case? In addition, you made a reference to the Letecia Stauch case, Judge Werner had to convince LS to reconsider wearing civilian clothes at her trial, etc. Regarding these cases no links were provided - unless I missed them.

Maybe with an article(s) I’d be able to understand what you’re trying to convey. I did see one link provided by you. However, I don’t click on every link posted in a forum.

(Bbm) Your words, not mine. My original narrative reads much differently, no indication having to do with KR being a mom as a defense, simply appearance and a reminder of being a mom, nothing too serious.

Moreover, please be mindful that what is posted by me is a matter of opinion, speculation on my part, unless a link is provided. Thank you in advance


All MOO.

 

[ArianeEmory]

--Chandler Halderson (I think it was) judge said his hands could be shackled to the table if he felt he needed to do that

The recent trial of Leticia Stauch: the judge threatened to have her hands shackled because she kept giving the middle finger to people on the witness stand/whoever was looking, but out of the judge's eyeline (so she got away with it for a few days). He also threatened to kick her out of the courtroom, but I think she would have been happy with that, so it was kind of a hollow threat. Like Lori Vallow, she didn't want to be there.

Accused Killer’s Daughter Says Mom Lied About Birth Father, Sent Her Out for Cleaning Supplies on Day Gannon Stauch Disappeared

Testimony continued Monday morning in the Letecia Stauch murder trial; she stands accused of killing her 11-year-old stepson, Gannon Stauch. As CrimeOnline reported, prosecutors say Stauch stabbed, shot, and beat Gannon inside the family’s El Paso County home in Colorado, on January 27, 2020...

www.crimeonline.com

 

[AzPistonsGirl]

I forget but didn't she waive the jury and agree to bench trial?

 

[Seattle1]

MEDIA ONLY:

UT - Kouri Richins, 33, Author, wife, mom, charged in husband’s “unexpected” death last year, May 2023-- MEDIA, MAPS, TIMELINE **NO DISCUSSION**

5/16/2023 -- Author and Murder Mom | Profiling Evil

www.websleuths.com

 

[JerseyGirl]

CONTINUE DISCUSSION ON THE NEW THREAD.