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Daybell attorney wants charges dismissed

Chad Daybell booking photo
Chad Daybell's booking photo from June 9, 2020.

ST. ANTHONY, Idaho (KIFI/KIDK) - The attorney for Chad Guy Daybell has asked 7th District Judge Stevan Boyce to dismiss all charges against Daybell. 

In a filing last week, John Prior claims the state failed to produce sufficient evidence to continue to bind Daybell to trial on four felony charges.   Prior also argued, “…the prosecution has yet to present evidence to support when the alleged acts is (sic) supposedly to have taken place and if the Defendant acted in any manner to support those allegations. The prosecution made assertions that are vague and overly broad.”

At the same time, Prior also demanded a copy of the transcript from Daybell’s August 3 Preliminary Hearing. 

Daybell, 52, is charged with concealing evidence by destroying or hiding the bodies of 7-year-old Joshua "JJ" Vallow and 17-year-old Tylee Ryan at his eastern Idaho home. Investigators found their remains during a search in June, months after the kids were last seen in September.

Daybell's pretrial conference is currently scheduled for Dec. 10 at 10:30 a.m.

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4 Comments

  1. I have heard that–somewhere in a land (GALAXY?) far far away–there is a lawyer which actually HAS morals/scruples. Or maybe I heard that on one of those !WE WILL HELP YOU SUE ANYBODY/ANYTIME! ads that are SO popular. 🙁

  2. I guess you were sleeping in law school when it it noted that every one is entitled to a defense and is INNOCENT UNTIL PROVEN GUILTY. Oh, that’s right; you were never in law school!

    As much as I agree with you most of the time, everyone is entitled to a defense, everyone IS INNOCENT until proven guilty and I don’t mean proven guilty by the news agencies or the feelings of certain people; unless those people are on a jury in a court of law.

    As much as I have cussed them out, since I have been responsible for throwing a lit of people into the system, and some were released; it basically boiled down to one of two things. A prosecutor who was an idiot or too political, or the evidence was just not enough to convict.

    Second problem was to go back and get more evidence; first problem was many times the fact the prosecutor was elected or appointed to a job they did not want to do. Look at NY with their no bail laws, or look around at all the people arrested and let go by a liberal judge.

    But in this case, as much as it appears he is guilty, his attorney is supposed to do everything they can do to get their client out of jail. And you will most likely read a lot more filings by the attorney until the day the final appeal is over of he is found not guilty.

    Many don’t like it, but what would those “many” propose? Just arrest and send to prison without a trial? If so, places like Russia and China are always looking for new residents.

    But really, it is the way it works. And if you are ever in the position of daybell; you will hope for the same type of attorney to do all to keep your butt out of prison.

  3. “Just arrest and send to prison without a trial?” Nope. Didn’t/don’t advocate that.
    “….if you are ever in the position of daybell….” Then, I would hope, I would still have ENOUGH of a shred of human decency left to suicide.
    Lawyers–some seeking fair treatment for their clients–MOST seeking money, but some simply seeking victory over their opponent–have ruined a well-crafted and functional system for obtaining justice during MY adult lifetime.
    Obviously, JW, you have read comments of mine for some time. As such, I’m certain you have figured out I don’t give the south end of a north-bound RAT what OTHER commenters think of them. I reiterate that ONLY because it needed to be said prior to this: As with 99% of law-enforcement officers/officials, I commend you for your service AND your willing to SEE things MOST of us are repulsed to READ about in order to HELP a society continue to exist. What vestige of ‘our’ society which remains is mostly the result of you and people LIKE you who were or are altruistic (sorry; lacked a better word to describe it) enough to enter society’s large intestine in order to IMPROVE a bad situation. To continue that analogy….I see most ‘lawyers’ as a bowel blockage! 😉

  4. NOTE TO LAWYERS: If you put me on a jury debating the case of a child molester, abductor, pornographer, killer, or human trafficker, I will automatically vote “GUILTY,” and for the maximum penalty, especially if the death sentence is on the table.

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