Kouri Richins' request to disqualify judge denied

PARK CITY — Kouri Richins' request to disqualify her trial judge has been denied.

On Wednesday, 3rd District Judge Kara Pettit ruled that Judge Richard Mrazik will continue to preside over the case involving the Kamas mother and former real estate agent who was convicted in March of killing her husband and sentenced in May to life in prison without the possibility of parole.

In her decision, Pettit notes that Richins' request to have Mrazik disqualified "is not accompanied by a certification of good faith, nor is it supported by an affidavit or unsworn declaration." Furthermore, it was filed more than 21 days after her conviction, as required by Utah law.

"Even if the motion met the procedural requirements … and was timely filed, it fails to state facts sufficient to show the level of bias, prejudice or conflict of interest by Judge Mrazik required to warrant disqualification," Pettit's ruling states.

Richins, 36, was convicted in March of killing her husband, 39-year-old Eric Richins, on March 4, 2022. She was sentenced in May to life in prison without the possibility of parole.

She was not arrested until over a year after her husband's death. And during that time, she hired a ghostwriter to help her publish a children's book about dealing with grief.

In her motion asking to vacate her convictions, Richins' attorneys contended that they were "repeatedly interrupted" throughout the trial and that the judge "corrected counsel" in ways that made it appear her attorneys were mishandling witnesses.

Pettit noted in her ruling that a judge's behavior "must be extreme to warrant a finding of prejudice."

"(Richins) alleges Judge Mrazik was impatient, critical, hostile, disparaging and condescending toward defense counsel, and in contrast was friendly and helpful to the prosecution," the ruling states.

Pettit says she reviewed video clips of the trial submitted by defense attorneys and found that they "do not demonstrate the level of extreme behavior or conduct reflecting a deep-seated antagonism toward defense, nor favoritism toward the prosecution, to warrant disqualification. Even if Judge Mrazik's conduct could be considered as showing anger or frustration with defense counsel, that is not grounds for disqualification.

"The court finds and concludes Judge Mrazik's alleged conduct falls well short of 'reveal[ing] such a high degree of favoritism or antagonism as to make fair judgment impossible,'" the ruling continues.

One of the issues still to be decided, now that Mrazik has been reinstated, is how much restitution Richins will have to pay for her murder and insurance fraud convictions.

Last week, prosecutors filed a motion seeking more than $1.3 million in restitution. The figure is based on the life insurance money Richins collected following her husband's death.

Richins also still faces charges in a second case accusing her of five counts of mortgage fraud, five counts of forgery, seven counts of issuing a bad check, seven counts of money laundering, communications fraud and engaging in a pattern of illegal activity. Those alleged crimes happened prior to Eric Richins' death.

A hearing is scheduled for Friday morning for Mrazik and attorneys on both sides to work out a schedule of how to proceed from here.

Correction: The ruling addressed only whether Mrazik should be disqualified, not whether Richins should get a new trial, as originally reported.

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