Richins defense seeks new bail hearing after key witness recants fentanyl claim

Kouri Richins, a Utah mother of three who authorities say fatally poisoned her husband, Eric Richins, then wrote a children's book about grieving, looks on during a bail hearing, June 12, 2023, in Park City, Utah. Photo: AP Photo/Rick Bowmer, Pool, File

PARK CITY, Utah — Attorneys for Kouri Richins have asked a Summit County judge to reconsider her detention, arguing that new testimony undermines the prosecution’s evidence linking the Park City woman to the fentanyl overdose death of her husband, Eric Richins.

In a reply filed October 23 in 3rd District Court, defense attorneys Wendy Lewis, Kathryn Nester, and Alexander Ramos said that a key state witness, Robert Crozier, has now testified under oath that he did not provide fentanyl to another witness, Carmen Lauber — contradicting earlier claims central to the state’s case.

Prosecutors have previously alleged that Lauber bought fentanyl from Crozier and supplied it to Richins, who they say used it to poison her husband in March 2022. The defense motion notes that the state has conceded the pills in question were never recovered or tested.

“The elimination of the state’s alleged link of fentanyl to the defendant is a material change in circumstances,” the filing states. “Without it, the State can no longer claim the existence of substantial evidence sufficient to support a denial of bail.”

Richins’ attorneys argue that Crozier’s sworn statement fundamentally changes the evidentiary record that led to her pretrial detention. They are asking Judge Richard Mrazik to hold a new in-person hearing where Crozier can testify and the court can evaluate his credibility directly.

“It is never the job of the prosecution to determine the credibility of a witness,” the motion says, citing recent Utah Supreme Court precedent that requires judges to weigh the strength of both sides’ evidence when deciding pretrial detention.

Richins, who faces multiple felony charges including aggravated murder, has been held without bail since her arrest in 2023. Her defense team previously sought release under conditions, but the court denied the request.

The new motion does not ask the court to dismiss charges but to set bail “as a matter of law,” arguing that the state’s case has weakened.

Judge Mrazik has not yet scheduled a hearing on the defense’s request.