Summit County prosecutors filed a motion Friday to dismiss two charges against Kouri Richins, the Kamas mother of three children accused of fatally poisoning her husband.

County Attorney Margaret Olson asked the court to drop the two counts of distribution of a controlled substance, a second-degree felony, so prosecutors can focus on the financial evidence in the case. The 34-year-old woman now faces nine felony charges related to the death of her husband, Eric Richins, in March 2022.

Prosecutors also responded in opposition to the defendant’s request to separate several of the charges (attempted murder, distribution of a controlled substance, mortgage fraud and forgery) for a different trial.

“The State united the nine crimes into a single Information because they are directly connected by the defendant’s motive for financial gain and for the world to see her as an accomplished and status person. The crimes that Defendant seeks to eliminate precipitated other crimes, and an arc of Defendant’s increasingly aggressive parasitic behavior connects the nine crimes,” the filing states.

Olson argued that the charges show a common scheme or plan and should remain united. The filing said Kouri wanted to be seen as wealthy and alleged she needed to cause her husband’s death to benefit financially after incurring millions of dollars in high-interest debt.

The defense, led by Wendy Lewis and Kathy Nester, argued that the evidence supporting the attempted murder charge is largely circumstantial and that the alleged mortgage fraud and forgery occurred a year before Eric Richins died.

“There is no evidence that this conduct was in any way related to his death. The only reason for joining these charges is to impugn the character and credibility of Ms. Richins and there is no scenario in which evidence of these alleged prior bad acts would be admissible at trial… if they were not joined to the information.” , said the Oct. 29 presentation indicated.

The law firm Nester Lewis also filed additional motions last week to appoint twelve jurors instead of eight and presented supplemental evidence to support its motion for the judge to reconsider bail and pretrial release conditions.

The County Attorney’s Office filed its opposition to the motion Thursday saying “nothing has changed” since Kouri Richins was sentenced to be held in the Summit County Jail without bond until her trial. Third District Court Judge Richard Mrazik issued that ruling in June 2023. The trial has since been scheduled for May 2025.

Under state law, a defendant can only be released if he or she demonstrates that there has been a “material change in circumstances” that includes: an unreasonable delay in prosecution not attributed to the defense, a change in the risk posed by the individual for a victim, witness or the public, a change in conditions of release or services reasonably available if the defendant is released, an intentional or repeated failure to make required court appearances, and any change related to flight risk.

The defense argued that Kouri “has not shown signs of violence or danger” during the 17 months she has been incarcerated. His attorneys said he has participated in several classes, including a paralegal studies course and an MBA program.

They also argued that her relationship with her children is “being irreparably damaged” while she is in prison because the Richins family has allegedly refused visits, calls and letters.

“If she were released, she could participate in supervised in-person visitation and attempt to repair some of the damage that has been done to her relationship with her children before it is too late,” according to a document filed in October.

Kouri Richins would live with his brother and sister-in-law in Salt Lake County if the judge reconsiders the conditions of his release. A motions hearing is scheduled for 9:30 a.m. Tuesday.

Mrazik could rule on the request to reconsider bail, the request to dismiss the charges and the request to dismiss two charges.

Related stories