Citing his concern for the children affected by the murder of Eric Richins, a judge has refused to postpone the sentencing of Kouri Richins — Richins’ widow, who will be sentenced on what would have been his 44th birthday.

The couple was raising three children together before Eric Richins died of a fentanyl overdose on March 4, 2022, at their Summit County home. Richins was convicted of poisoning her husband on March 16, after a 13-day trial and witness testimony from over 40 people.

She had asked to delay the May 13 sentencing until June 15. Her attorneys — Wendy Lewis, Kathy Nester and Alex Ramos — told the judge that one of them had a death in the family, and that they needed more time to research ahead of the hearing.

But prosecutors, 3rd District Judge Richard Mrazik said, described in a sealed portion of their arguments “compelling detail” about the impact a delay would have on the children.

“The court concludes the minor victims, in particular, would endure significant prejudice if the sentencing hearing is continued beyond its current setting,” Mrazik wrote.

Utah law ensures defendants can “make a statement and to present any information in mitigation of punishment” at sentencing hearings, the judge noted.

But at the same time, victims have the right to “a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant.”

Richins’ reasons for requesting a delay are not “sufficient to justify a continuance,” Mrazik decided, noting he gave her and her attorneys approximately two months to prepare, and they did not request the postponement until almost a month had passed.

“Although Defendant argues she needs additional time to prepare her mitigation case,” he wrote, “Defendant’s motion lacks any specificity about what remains to be done or how long she expects such preparations to take.”

Richins has three attorneys at her disposal if any have a conflict, he added.

To make sure “all interested parties have ample opportunity to be heard,” Mrazik added, he has cleared his calendar for the day and has only the sentencing scheduled.

Jurors found Richins guilty of aggravated murder, attempted aggravated murder, two counts of insurance fraud and one count of forgery. She faces either 25 years to life in prison, or life in prison without the possibility of parole.

Richins’ defense lawyers said in their request that they needed more time to research due to the severity of Richins’ potential sentence. They added that one lawyer had experienced a death in the family, and another had a scheduling conflict for the May 13 date.

The May 13 date was scheduled just after the verdict was read on March 16. That day, Richins waived a general 45-day time limit for sentencing and Summit County prosecutor Brad Bloodworth took a moment to talk to Eric Richins’ family in the gallery. Bloodworth then told the judge that “any day in May works” for sentencing.

In state prosecutors’ opposition to the delay, they described a conversation Richins had with her aunt a day later, on March 17. Richins’ aunt asked if the sentencing was scheduled for her husband’s birthday, and Richins said it was “as of now,” but that she had told lead attorney Nester to “reschedule it for the end of May,” according to the motion.

Nester had told Richins at that point — weeks ago — that she would, prosecutors said. Their filing did not disclose how attorneys learned of the conversation.

Prosecutors added that Ramos, whom defense counsel said would not be available for sentencing, is one of three lawyers for Richins’ defense, and that his conflict came up after Richins’ hearing was set.

Two other portions of prosecutors’ opposition to the delay were redacted in court documents.

“For three years, Eric Richins’ family has painfully and patiently stood by as the defendant has manufactured one reason after another to delay this proceeding,” prosecutors wrote. “There is no good reason for them to suffer further delay. The time has come for the court to sentence Kouri Richins.”