In a new petition filed Oct. 22, attorneys for Richins say it’s not right to hold the Kamas mother of three in jail for two years, while she’s presumed innocent.
Richins has been in jail since May 2023, after being arrested and charged with 11 felonies in connection with her husband’s 2022 death. A trial is scheduled for May 2025.
She has pleaded not guilty to all charges.
Richins attorneys argue that while in custody, Richins has proven she’s not a danger to the community. They want 3rd District Judge Richard Mrazik to consider developments from the past year and a half.
Summit County prosecutors have charged Richins with aggravated and attempted murder, drug distribution and financial crimes. If convicted, she could spend the rest of her life in prison.
But she’s not facing the death penalty—prosecutors formally took that off the table.
That’s one of the things the defense says has changed and justifies releasing Richins ahead of trial.
Mrazik previously ruled that Richins was a flight risk or a danger to the community in part because, at the time, she was facing the death penalty.
Her attorneys also say new evidence presented during August’s preliminary hearing should factor into his decision.
Documents filed alongside the petition show Richins has taken history, art, parenting and botany courses while in jail. She is also enrolled in a paralegal studies program and an M.B.A. program.
Mrazik will consider the new information at a hearing Nov. 12, where he could set bail.
Summit County prosecutors have yet to file a response to Richins’ latest filing.
The defense argues time is of the essence because Richins’ relationship with her three children is being damaged. She claims she’s not allowed to speak with them and that it took a court order to get a phone call with them—one that lasted only two seconds.
If released, Richins proposes living with her brother and sister-and-law in Salt Lake County and participating in court-supervised visits with the children.