FREMONT COUNTY, Idaho (KIFI) - There is new information in the Chad Daybell case.
His attorney John Prior is asking for the death penalty to be thrown out.
Three motions were filed with Fremont County Thursday.
The motions compare arguments from the trial of Chad’s wife Lori Vallow-Daybell.
One motion says the court did not seek the death penalty against Lori Vallow-Daybell, but in another motion, it says, "Mr. Daybell was not more culpable in the alleged conspiracy than Ms. Vallow. He is the co-defendant facing the most extreme punishment available. The state's seeking of Mr. Daybell's death is cruel and unusual punishment."
Another argument says the state's case against Vallow-Daybell continually focused on her being “the driving force in the conspiracy" and even using “sexual and emotional manipulation.”
Daybell asks the state to present the same theory against him.
Daybell is facing first-degree murder charges in the deaths of JJ Vallow, Tylee Ryan and Tammy Daybell.
Lori Vallow-Daybell was already found guilty on all counts and will spend her life in prison.
Chad Daybell's trial is scheduled for April of next year.