FREMONT COUNTY, Idaho (KIFI) - Chad Daybell’s attorney, John Prior, filed a motion on December 23 to object to the Court’s Scheduling Order of the upcoming trial.
Daybell and Lori Vallow-Daybell are both charged with first-degree murder of Lori's children Tylee Ryan and Joshua Jaxon "JJ" Vallow and conspiracy to commit first-degree murder against the children and Daybell's ex-wife Tammy Daybell.
Prior writes the objection was to specifically "addresses the quickly approaching January 9 deadline for submission of Jury questionnaires.”
District Judge Steven Boyce ruled on Dec. 16 that questions for potential jurors must be submitted by Jan. 9 to be included in court proceedings to find a fair and impartial jury.
“It would be impossible for Mr. Daybell to propose a constitutionally adequate jury questionnaire prior to completing a mitigation investigation and prior to receiving and reviewing all material evidence,” writes Prior in the filing. “To safeguard Mr. Daybell’s right to an effective assistance of counsel, his due process rights, his right to a fair and impartial jury drawn from a fair cross-section of the community, and his right to individualized sentencing, Mr. Daybell objects to the current Scheduling Order and will promptly file a Second Motion to Continue.”
Mr. Prior asked the court to vacate the deadline for submitting proposed jury questionnaires and hold off setting additional deadlines until he files a motion of Continuance(delay of trial) in January 2023.
Currently, the trial is set for April 3rd, 2023 in Boise.
The Fremont county court published a new Scheduling Order on December 27. Where Daybell's Pre-trial Conference date changed from February 27 to February 23, 2023. No other changes in scheduling were made.