Attorneys for the Kamas-area mother and former real estate agent asked for a mistrial during a private sidebar with Judge Richard Mrazik and prosecutors Feb. 25.
It was after an exchange with the Summit County sheriff’s lead crime scene technician Chelsea Gipson.
“On a weekly basis there for a while, were you downloading calls between Kouri Richins and her family?” defense attorney Kathy Nester asked Feb. 25.
“Are you talking about jail calls?” Gipson asked.
“Your Honor, move to strike and need to approach,” Nester said, prompting the sidebar.
Nester said the reference to jail calls prejudices the jury against Richins, who is on trial for aggravated murder, attempted murder and financial crimes in connection with her husband’s 2022 fentanyl overdose death.
She has pleaded not guilty to all counts and has been held in jail since May 2023, having three times been denied bail.
“It implicates Ms. Richins’ 6th Amendment right to a fair trial. It affects the presumption of innocence,” Nester said.
Mrazik denied the request and explained his reasoning March 2.
“That statement, while improper, was not intentionally elicited by either party,” the judge ruled. “It was inadvertent. It was made in passing.”
Mrazik thought it was innocuous in the context of the five-week murder trial, during which the jury of Summit County residents will hear from dozens of witnesses.
He instructed jurors not to consider whether Richins is or has ever been in custody when deciding on a verdict.
The parties in the highly publicized murder trial continue to discuss how to ensure the jury remains impartial.
One juror said in a note March 2 that they recognized one of the state’s witnesses: real estate agent Molly Crosswhite. Crosswhite testified she purchased a home in Midway from Richins in January 2022.
Prosecutors say Richins and her housekeeper used the property to drop off money and fentanyl pills before Crosswhite’s tenants moved in at the end of March 2022.
Richins’ attorney Wendy Lewis wants the juror who recognized Crosswhite to be excused from the case.
“I believe that, had we had this information during jury selection, this juror would have been weeded out in the process because they had a business transaction with the witness," Lewis said.
Summit County prosecutors said they don’t see a sufficient basis for dismissing that juror mid-trial.
There are eight primary jurors and four alternates hearing witness testimony and seeing evidence and exhibits each day. It’s not clear whether the person who recognized Crosswhite is a primary juror or alternate.
Mrazik decided not to rule immediately.
More discussion is expected March 2, including potential questioning of the juror.
