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Vallow/Daybell hearing vacated

FREMONT COUNTY, Idaho (KIFI) - Judge Steven W. Boyce heard arguments regarding Prosecutor Rob Wood's motion to compel Monday.

You can watch the stream below.

The prosecutor wants Chad Daybell's attorney, John Prior, to name the person who conducted a change of venue survey. Wood wants to identify the person who gave a one-word response of 'none.'

The judge first met in private with defense lawyers to discuss undisclosed issues. He said the discussion will remain sealed.

Nearly an hour later, the judge said the court found good cause to vacate the hearings set for Monday and March 22.

A status conference was set for April 7 at 1:30 p.m.

Special Prosecutor Rob Wood filed a motion to compel in order to get Chad Daybell's attorney, John Prior, to identify the person who conducted a change of venue survey.

Prior submitted articles, comments on articles and surveys of Fremont County residents to support his claims that Daybell would not get a fair and impartial jury within that county. Daybell's wife, Lori Vallow-Daybell, had a similar motion filed by her attorney, Mark Means.

"Defendant Chad Daybell responded to the State's specific request with a one word response of 'none.' The Defendant has refused to provide the State with the name of the witness and other requested information he is required to provide under Idaho Rule of Criminal Procedure 16 and Idaho Rule of Evidence 705," Wood said in the motion to compel.

This is the latest argument over discovery and evidence in the case. On February 17, Judge Steven W. Boyce granted the motion to compel filed by Means in terms of requiring the State to provide a response to the question as to whether or not the prosecution has discussed the case with those persons identified in the list in a discovery request.

He did make an exception and did not require part of the list where the findings are too broad.

You can follow our coverage of the Vallow-Daybell case and read past articles here.

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