Chad Daybell appears in court Wednesday
FREMONT COUNTY, Idaho (KIFI) - We'll have to wait a little longer to find out if charges against Chad Daybell will be dismissed. Attorneys on both sides met with Judge Steven W. Boyce for an online hearing Wednesday.
You can watch the hearing below.
Daybell's attorney John Prior outlined several issues but mainly focused on the grand jury proceeding and questioned if jurors on that panel were partial.
Prosecutor Blake defended her office's decision to bring the case before the panel based saying the jurors were questioned by the judge and the attorneys, known as voir dire.
"I didn't not choose to do that, they chose to do that," Prior said. "They could have just as easily impaneled a preliminary hearing and chose to go that route. So that decision to use a grand jury was solely on the state. They have an obligation and duty to impanel a fair and impartial grand jury. It's my position that was not done."
"But from a review of the transcripts of the proceedings, the courts did repeatedly ask follow up questions, at times at groups, and at times individuals who raised their hands in response to a question, and often times those questions dealt with the jurors ability to remain open-minded, fair an impartial. The state did the same," Blake said.
Prosecutors are expected to file their briefs to the court by April 6.
The judge granted the defense request for an April 20 deadline to reply.
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.
