FREMONT COUNTY, Idaho (KIFI) - Chad Daybell appeared in court Friday before Judge Steven W. Boyce.
You can watch the hearing below.
Daybell's attorney John Prior has asked his case be tried separately from his wife's case.
Prior, as well as prosecutors Rob Wood and Lindsey Blake appeared before Judge Boyce to make their arguments.
In a motion for severance filed in September, Prior argued that “if the cases and trial are not severed, the defendant Chad Guy Daybell will not be afforded a fair and impartial trial.”
Blake asked Judge Boyce to wait on issuing a decision on separating the case until more information is available on Lori Vallow-Daybell’s case while Prior said the time to make a decision is now.
"The time to find out whether or not we're going to trial in January of 2023 is not the beginning of January of 2023," Prior said. "I would ask the court to issue a severance order. Some of these cases, and I don't want any delay, judge, we need to have some sort of certainty, just like some of the other motions coming up. We need to know how we're going to be handling this case and we need to know relatively quickly. We are nine months out."
Blake also says keeping the trials together will save time and money
After about 40 minutes of debate, Judge Boyce said he will submit a written ruling on the motion.
On Thursday, the court denied the sate's motion to continue the defendant's motion to dismiss the indictment. You can watch that below.
Daybell and his wife, Lori Vallow-Daybell, are charged with the deaths of her two children, Joshua JJ Vallow and Tylee Ryan.
Chad Daybell is also charged with murder of his former wife Tammy Daybell.