Vallow-Daybell’s attorney ask judge to dismiss trial and start over
FREMONT COUNTY, Idaho (KIFI) - Lori Vallow-Daybell was in court Wednesday for a final hearing before jury selection for her upcoming trial.
Vallow-Daybell and her husband Chad Daybell have been charged with conspiracy and first degree murder for the deaths of Lori's children Tylee Ryan and "JJ" Vallow, and Chad's previous wife Tammy Daybell.
They were initially scheduled to be tried together, but Judge Boyce separated their trials in a previous hearing due to the admission of new evidence.
In court Wednesday morning, Vallow-Daybell's attorneys argued they received nearly 5,000 pages and audio recordings of evidence the day after the Feb. 27 deadline. They also received nearly 3,000 recorded phone calls of Chad Daybell only two days ago.
State attorneys argued the defense was made aware of those materials. Public defender Jim Archibald says, "that's patently false.”
"To dump 5,000 pages on us on Feb. 27, hours of videos and audios and another 3,000 phone calls two days ago, it's just really disappointing that we had to wait this long to get all the discovery," Archibald said.
He says the only way to fix it is to dismiss the trial and start over and remove the death penalty.
“It’s pretty appalling the efforts of our politicians to try to kill people," Archibald said. "Don’t make 12 people in Boise make that decision, don’t put the burden on them to do what the government can’t do.”
“The way we fix it is to dismiss the case and we move on, the case starts over but that’s just what we’ve got to do.”
In response, Madison County prosecutor Rob Wood said the defense has been aware of the evidence since August 2021.
"This idea that the FBI or State wasn't turning over reports simply is not true. The defense did have those reports, they've had those reports for a long time," Wood said.
Fremont County Prosecutor Lindsey Blake adds, “I think that removing the death penalty as a consequence would a be an extreme remedy in this case... I think the court has other remedies available.”
In response, Judge Boyce once again expressed his frustration over the issue of undisclosed evidence.
"I'm going to need time to sift through this and make a decision," Judge Boyce said. "The parties need to know sooner than later because we are right on the eve of trial how these rulings are going to turn out."
Judge Boyce will make a ruling on the motions next Wednesday, March 22.
Vallow-Daybell will be transported to Boise for trial March 25. Her trial will continue as scheduled on April 3 at the Ada county courthouse.
