UT - Kouri Richins, 33, Author, wife, mom, charged in husband’s unexpected death last year, May 2023 #3

[Seattle1]

Defense attorneys’ withdrawl delays Kouri Richins court case possibly until fall

Third District Court Judge Richard Mrazik granted the motion filed by Salt Lake City-based law firm Ray Quinney & Nebeker during a closed hearing on Monday. Skye Lazaro had been leading the defense. She filed to withdraw on Friday, citing

www.parkrecord.com

5/21/24

Kouri Richins’ court proceedings could be delayed by a few months after a Summit County judge agreed to let her defense attorneys withdraw from her case.

Third District Court Judge Richard Mrazik granted the motion filed by Salt Lake City-based law firm Ray Quinney & Nebeker during a closed hearing on Monday. Skye Lazaro had been leading the defense. She filed to withdraw on Friday, citing “an irreconcilable and nonwaivable situation.”

The court document states the conflict first arose in the civil cases in which the law firm represented Kouri, but it now extends to the criminal proceedings. The matter emerged after the hearing on May 15, after which Kouri and her attorneys met privately.

 

[Seattle1]

Any news on the hearing yesterday re property rights stuff? TIA!

There was a private hearing on Monday, 5/21 but it was to grant the defense's Motion to withdraw (and not the property rights hearing).

There's a status hearing scheduled for Friday, 5/24, which will probably result in KR being appointed counsel by the Court. JMO

 

[cujenn81]

I suspect KR flat out asked her attorneys to do something illegal or highly unethical. That’s my leading theory at the moment. I can’t think of many other reasons why Lazaro would have stuck with KR thru all the other BS only to back out now.

 

[Seattle1]

I suspect KR flat out asked her attorneys to do something illegal or highly unethical. That’s my leading theory at the moment. I can’t think of many other reasons why Lazaro would have stuck with KR thru all the other BS only to back out now.

From MSM post #101:

The court document states the conflict first arose in the civil cases in which the law firm represented Kouri, but it now extends to the criminal proceedings. The matter emerged after the hearing on May 15, after which Kouri and her attorneys met privately.

 

[Seattle1]

I suspect KR flat out asked her attorneys to do something illegal or highly unethical. That’s my leading theory at the moment. I can’t think of many other reasons why Lazaro would have stuck with KR thru all the other BS only to back out now.

I thought the 5/15 prelim hearing that was cut short and continued to June very odd. For one, I've never witnessed a Judge have to tell the defense attorney to confer with her client before responding to his question (i.e., about how she intended to proceed --whether or not to waive and/or reject all the the State's Prelim Hearing Exhibits).

I've read the recent defense Motions but waiting for them to be linked by approved source but can say it appears KR was unhappy with SL going back to 2023, and had wanted to replace her as the lead criminal defense attorney with her attorney on the civil case (the attorney who claimed the jail communication app for attorneys would bug his phone, and refused to use it to communicate with KR). MOO

ETA: Add MSM quote

In recently released court filings, Richins had disparaging things to say about her lead attorney, Skye Lazaro, at one point. During a video conversation, Richins reportedly called Lazaro a “dumb [expletive],” and family members said Lazaro’s ego was taking over.

Motion granted to withdraw defense attorneys from Kouri Richins case

Kouri Richins, the Kamas mother accused of poisoning her husband before writing a children’s book about grief, will have to find a new defense team.

kmyu.tv

 

[cujenn81]

I thought the 5/15 prelim hearing that was cut short and continued to June very odd. For one, I've never witnessed a Judge have to tell the defense attorney to confer with her client before responding to his question (i.e., about how she intended to proceed --whether or not to waive and/or reject all the the State's Prelim Hearing Exhibits).

I've read the recent defense Motions but waiting for them to be linked by approved source but can say it appears KR was unhappy with SL going back to 2023, and had wanted to replace her as the lead criminal defense attorney with her attorney on the civil case (the attorney who claimed the jail communication app for attorneys would bug his phone, and refused to use it to communicate with KR). MOO

ETA: Add MSM quote

In recently released court filings, Richins had disparaging things to say about her lead attorney, Skye Lazaro, at one point. During a video conversation, Richins reportedly called Lazaro a “dumb [expletive],” and family members said Lazaro’s ego was taking over.

Motion granted to withdraw defense attorneys from Kouri Richins case

Kouri Richins, the Kamas mother accused of poisoning her husband before writing a children’s book about grief, will have to find a new defense team.

kmyu.tv

Maybe KR’s unhappy because Skye wouldn’t sneak in those contraband Crest White Strips she wanted.

 

[Seattle1]

Court moves to appoint public defenders for Kouri Richins

Public defenders are appointed if defendants can't pay for their own defense.

www.kpcw.org

5/22/24

[..]

Court records show 3rd District Court Judge Richard Mrazik stated his intention to appoint Salt Lake City attorneys Kathy Nester and Wendy Lewis as Richins’ “indigent counsel” during a hearing May 22.

Criminal defendants are appointed public defenders if they can prove to a judge they don’t have the financial means to pay for their own defense. That's because county governments cover the cost of indigent defense.

Defendants must also be facing jail or prison time to qualify.

Mrazik’s appointment of Nester and Lewis comes two days after the law firm that had represented Richins for more than a year withdrew from her case, citing “an irreconcilable and nonwaivable situation.”

[..]

Prosecutors will have a chance to weigh in on Mzarik’s proposed appointment of Lewis and Nester at a hearing set for May 24 at noon.

Nester was the Federal Public Defender for the District of Utah from 2011 to 2018, and Lewis worked for her as an assistant federal public defender. They formed a criminal defense practice together in 2022, according to their website.

Lewis declined to comment Wednesday, and Nester was traveling.

Richins’ mother Lisa Darden previously told KPCW the issue with her daughters’ previous attorneys was related to conflicts of interests, not their ability to pay.

Also May 22, Mrazik said he is temporarily prohibiting Richins from media interviews until she has new lawyers, to preserve her right not to self-incriminate.

 

[Seattle1]

Kouri's new legal team:

Nester Lewis PLLC | Attorneys at Law

utahfalloutvictims.com

 

[arielilane]

If interested, see link below, Kouri's case: timestamp from 11:56 - 18:00

Jailhouse recordings from KR

You took an innocent mom away from her babies - and this means war
I’ve been silent for a year - for my kids…

I've been incarnated for a year… I was promised a trial within a year which hasn’t happened. I am extremely disappointed where we’re at right now with this case.

I'm anxious to prove my innocence -- I'm anxious to get to trial

The defense team has done a horrible job in my case. This withdrew was not my choice.

and... it's noted...

There are text messages from her (KR) that she was planning a life with her “paramour.”

Hearing scheduled May 24.


Preliminary hearing was postponed (rescheduled June 18)

Will new preliminary hearing still happen?



@DatelineNBC

Exclusive: Kouri Richins speaks. Karen Read's lawyer goes to work. And still no trial date for Kohberger trial. That and more on today’s #Dateline #TrueCrimeWeekly with @CanningAndrea, out now, wherever you get your podcasts: https://link.chtbl.com/dl_tcw_0523

 

[tlcya]

Richins’ lead attorney, Skye Lazaro, attributed her team's withdrawal request to an “irreconcilable and nonwaivable situation,” according to a filing in the case Friday.

In one of her statements, Richins said last week that she was filled with “great devastation” and added: “My defense team has been forced to withdraw from my case. Represented or not, we all know and should understand there’s only so much I can say. But what I will say is this withdrawal was not my choice. And it was not a personal choice of any counsel on my defense team.”
'This means war:' Utah grief author Kouri Richins makes first comments since arrest in husband's fatal poisoning

link also discusses the recording of jail phone calls and defense allegations that prosecutors have listened in on their calls with their client.

 

[arielilane]

Status hearing scheduled for noon on Friday​

Third District Court Judge Richard Mrazik moved to appoint a public defender for Kouri Richins, the Kamas mother of three charged with the murder of her husband, during a status hearing on Wednesday.

Full article...

Kouri Richins recommended public defenders following attorneys’ withdrawal

The afternoon court filing states

www.parkrecord.com

May 23, 2024

She faces 25 years to life in prison if convicted. The case is not up for capital punishment.

 

[Seattle1]

Richins’ lead attorney, Skye Lazaro, attributed her team's withdrawal request to an “irreconcilable and nonwaivable situation,” according to a filing in the case Friday.

In one of her statements, Richins said last week that she was filled with “great devastation” and added: “My defense team has been forced to withdraw from my case. Represented or not, we all know and should understand there’s only so much I can say. But what I will say is this withdrawal was not my choice. And it was not a personal choice of any counsel on my defense team.”
'This means war:' Utah grief author Kouri Richins makes first comments since arrest in husband's fatal poisoning

link also discusses the recording of jail phone calls and defense allegations that prosecutors have listened in on their calls with their client.

On Wednesday, Judge Mrazik tried to save KR from herself by prohibiting KR from giving interviews until her counsel is officially appointed. And we know KR loves to talk...

Also May 22, Mrazik said he is temporarily prohibiting Richins from media interviews until she has new lawyers, to preserve her right not to self-incriminate.

 

[AmandaSkis]

What are the sanctions if she goes ahead and talks publicly? She’s already in jail. She is apparently indigent so she couldn’t pay a fine.

 

[Seattle1]

What are the sanctions if she goes ahead and talks publicly? She’s already in jail. She is apparently indigent so she couldn’t pay a fine.

Violating a court order would mean she'd be held in contempt, and if found guilty, would be punished accordingly. I have no idea what the punishment is for being found guilty of contempt in UT.

ETA: Monetary court sanctions are what's generally imposed on the attorneys-- not the defendant.

 

[ch_13]

What are the sanctions if she goes ahead and talks publicly? She’s already in jail. She is apparently indigent so she couldn’t pay a fine.

Since she's in jail her ability to talk to the press is severely restricted. I imagine under the court order the jail just wouldn't allow any media to speak with her, only family members.

 

[Seattle1]

Since she's in jail her ability to talk to the press is severely restricted. I imagine under the court order the jail just wouldn't allow any media to speak with her, only family members.

In the case of Dateline exclusively reporting on the statements by KR today, we know this was done by a spokesperson for KR who gave (sold) the audio to Dateline! And I doubt it coincidence the Judge issued the Order yesterday. JMO

Richins, 34, a mother of three who wrote a children’s book about grief after her husband died, made the recorded comments to a spokesperson who provided the audio exclusively to "Dateline" this week. Richins has been held in the Summit County Jail, east of Salt Lake City, since a judge denied her bail last year.

^^rsbm

 

[Niner]

Friday, May 24th:
*Status Hearing (@ 10am MT) - UT - *Eric Eugene Richins (39) poisoned with a lethal dose of fentanyl by wife on Mar. 3, 2022 in Kamas. - *Kouri Darden Richins (33/now 34) arrested (5/8/23) & charged (6/5/23) with 2nd degree aggravated murder & 3 counts of possession of drugs with intent to distribute. [These charges were dismissed on 3/25/24-see recharges]. Re-charged (3/25/24) with 2 counts of 1st degree criminal homicide aggravated murder (DV), 2 counts of 2nd degree distribution of a controlled substance, 2 counts of 2nd degree mortgage fraud (Iron Bridge Financial & Boomerrang Finance), 2 counts of 2nd degree insurance fraud & 2 counts of 3rd degree forgery. Held without bond. Bond denied (6/12/23). DA will not seek DP (8/18/23).
Civil case [#221200316]: After Kouri failed to show evidence she complied with the agreement, Justice Court Judge Brendan McCullagh found Kouri guilty of the assault on 5/13/24.
Judge Richard Mrazik presiding. Prosecutors Patricia Cassell & Brad Bloodworth & Defense attorneys Kathy Nester & Wendy Lewis.
Case & court info from 6/5/23 thru 5/15/24 reference post #89 here:
https://www.websleuths.com/forums/t...cted-death-last-year-may-2023-3.711978/page-5
5/17/24 Update: Skye Lazaro & the attorneys at Ray Quinney & Nebeker P.C. have been leading Richins' defense in the civil & criminal cases against her. The firm filed paperwork May 17 stating an "irreconcilable & non-waivable situation" for the need to withdraw from her defense. Court documents state the issues first arose in Richins' civil cases but involve the firm as a whole so it can no longer represent her in the criminal proceedings either. The specifics of the "irreconcilable" matter are unclear. The firm stated the situation emerged after a hearing May 15 when Third District Court Judge Richard Mrazik was to determine if there was enough evidence for Richins to stand trial for murder. However, Richins' attorneys objected to all of Summit County prosecutors’ evidence & witness statements, delaying the case until June [6/18-6/20/24]. Now Richins' attorneys have asked the court to immediately grant the firm's request to withdraw & appoint new counsel to safeguard her constitutional rights & continue her defense in the charges against her. Preliminary hearing continued on 6/18/24, 6/19/24 & 6/20/24 @ 9am.
5/18/24 Update: Motions hearing (virtual) (Case #220500076-Property rights case) on 5/20/24 @ 3pm. 5/20/24 Update: Hearing on 5/20/24 was not about the property rights case. On Friday, Ray Quinney and Nebeker P.C., the law firm representing Richins filed a motion with the court withdraw from the case. The request to withdraw was based on “an irreconcilable & nonwaivable situation.” The motion was granted during court hearing in 3rd Judicial District Court. Also on Friday, Richins’ attorneys had requested that a team of prosecutors be removed of the case. Next status hearing on 5/24/24 @ 10am in-person, which will probably result in KR being appointed counsel by the Court. Also preliminary hearings on 6/18/24 & 6/19/24 both @ 9am.
5/22/24 Update: 3rd District Court Judge Richard Mrazik stated his intention to appoint Salt Lake City attorneys Kathy Nester & Wendy Lewis as Richins’ “indigent counsel” during a hearing 5/22/24. Prosecutors will have a chance to weigh in on Mzarik’s proposed appointment of Lewis & Nester at a hearing set for 5/24/24 at noon. Also May 22, Mrazik said he is temporarily prohibiting Richins from media interviews until she has new lawyers, to preserve her right not to self-incriminate.

 

[imstilla.grandma]

In response to the recording, a spokesperson for Eric Richins’ family said, “Those are the rantings of a sociopath, a woman who has no compassion, no feelings, no sense of remorse or guilt for what she’s done and is only thinking of herself. It’s sad it’s tragic and yes, we look forward very much to having the evidence presented in front of a jury, hopefully sooner rather than later.”

The audio was released a day before Kouri Richins is next scheduled to appear in court. She is expected to get a new attorney at a status hearing on Friday after her defense filed a motion last week to withdraw from the case due to an “irreconcilable and nonwaivable situation.”

A judge granted the motion for the defense firm to withdraw on Monday.

Her attorney has also filed a motion asking the court to disqualify prosecutors for what they allege is gross misconduct, including the claim that the state recorded and listened to privileged calls between Kouri Richins and her attorney.

In a statement this week, prosecutors called the motion “materially inaccurate” and charged it was “filed in bad faith.”

A preliminary hearing to decide if prosecutors have enough evidence to go to trial was postponed until June.

Kouri Richins, Utah mom accused of fatally poisoning husband with fentanyl, asserts innocence in audio message - Deltaplex News

(PARK CITY, Utah.) — Kouri Richins, the Utah mother accused of murdering her husband by mixing a lethal dose of fentanyl with his cocktail, is speaking out from jail and proclaiming her innocence in a new audio recording. The 34-year-old mother of three, who wrote […]

www.deltaplexnews.com

 

[neesaki]

Richins’ lead attorney, Skye Lazaro, attributed her team's withdrawal request to an “irreconcilable and nonwaivable situation,” according to a filing in the case Friday.

In one of her statements, Richins said last week that she was filled with “great devastation” and added: “My defense team has been forced to withdraw from my case. Represented or not, we all know and should understand there’s only so much I can say. But what I will say is this withdrawal was not my choice. And it was not a personal choice of any counsel on my defense team.”
'This means war:' Utah grief author Kouri Richins makes first comments since arrest in husband's fatal poisoning

link also discusses the recording of jail phone calls and defense allegations that prosecutors have listened in on their calls with their client.

How could they have been “forced” to withdraw from her case?

 

[tlcya]

in one breath she says they messed up her case horribly, in the next she says their leaving is not her choice and in the next they are being "forced"

Who knows, it's Kouri speak - shrug