Jared Rigby says 3rd District Judge Richard Mrazik can’t preside over his obstruction of justice trial because the judge could be a witness.
A grand jury indicted the Wasatch County sheriff in September.
He has pleaded not guilty to second-degree felony obstruction and making a written false statement, a class B misdemeanor.
Rigby’s court papers state the indictment accuses him of writing and mailing an anonymous letter to the Summit County Attorney’s Office that would hinder the murder prosecution of Kouri Richins.
Part of the issue for Rigby is that Mrazik also presided over the Richins trial.
Rigby contends that Mrazik has firsthand knowledge of events that the sheriff’s attorney and Summit County prosecutors disagree on.
Defense attorney Blake Hamilton says he expects to “contest the timing and content of the state’s communications with Judge Mrazik about the anonymous letter.”
The letter contained allegations of past misconduct by Eric Mainord, a detective on the Richins case. Some of the alleged behavior occurred more than a decade ago when Mainord worked at the Heber City Police Department.
Since the detective was a potential murder trial witness, prosecutors disclosed the letter to Richins’ defense team and Judge Mrazik weeks before the February trial.
Rigby contends that makes Mrazik a potential witness.
Judges may not testify in cases they’re presiding over. They also do not comment on cases publicly.
Rigby asked to disqualify the judge Monday, and another judge will decide the matter.
Richins, who is serving a life sentence for her husband’s 2022 murder, has also sought to get Mrazik off her case.
Richins claims Mrazik is biased, but lost the argument once already.
The Wasatch County sheriff says he does not believe Mrazik has any actual bias, prejudice or conflict of interest. However, he contends the judge’s knowledge of certain facts “could cause a reasonable person to question his impartiality.”
A hearing was scheduled for Nov. 4 to determine whether to make more information from Rigby’s indictment public. But Mrazik says there won’t be any further action until the disqualification petition is decided.
In the meantime, Rigby is choosing to go on administrative leave from the sheriff’s office.
