LISTEN: Vallow-Daybell not to be considered for death penalty
FREMONT COUNTY, Idaho (KIFI) – On Tuesday, Judge Steven Boyce ruled on the removal of the death penalty, a request to delay trial and to consider late evidence.
Lori Vallow-Daybell walked into the court room all smiles without handcuffs.
Vallow-Daybell's lawyers claimed she should not receive the death penalty because of her mental state, media saturation and prejudice.
In court, Judge Boyce says, "The court concludes here that as an appropriate discovery sanction, the state will be precluded from seeking the death penalty at trial. The states May 2, 2022 notice of intent to seek the death penalty will be stricken. To be clear, the court does not impose the sanction to penalize the state, but rather to ensure the constitutional right of the defendant is protected, allowing for a reasonable defense to be prepared for this trial."
After Judge Boyce dismissed possibility of the death penalty, Aattorney John Thomas rubbed Vallow-Daybell's back as she smiled.
New evidence involving recordings between Vallow-Daybell and her husband Chad Daybell had been submitted after the Feb. 27 deadline.
On March 7, Vallow-Daybell's attorneys submitted a motion to compel the prosecutors to disclose all evidence.
Judge Boyce says, "Based on argument and what was represented on the record. The court finds at this time it's not necessary to order any compelling further discovery, as the states indicated it's been provided. So the defendant's motion to compel is denied."
Judge Boyce also ruled the late evidence will not be used in court, which in-turn, denied Vallow-Daybell's request to delay the trial.
Judge Boyce says, "When determining whether prejudice has resulted due to the time those disclosures were made. However, the court also must consider that additional disclosures were made well after the February 27th deadline and our inexcusably late."
As she was leaving the courtroom, Vallow-Daybell gave a wink.
Vallow-Daybell's trial is still set for April 3 in Ada County. Jurors for the trial will be selected next week.
These decisions only apply to Vallow-Daybell's trial, not her husband's trial. Vallow-Daybell and Daybell were originally going to be tried together, but Judge Boyce ordered a severance of their cases on March 2.
