Judge denies motion to allow Lori Vallow-Daybell a cellphone
ST. ANTHONY, Idaho (KIFI) - Both Lori Vallow-Daybell and Chad Daybell waived their rights to appear for a motion to compel hearing Wednesday.
You can watch it below.
During the hearing, Judge Steven W. Boyce granted the motion to compel in terms of requiring the state to provide a response to the question as to whether or not the prosecution has discussed the case with those persons identified in the list in the discovery request.
He did make an exception and did not require part of the list where the findings are too broad.
Judge Boyce allowed 14 days for the information to be submitted.
In regards to the motion for attorney-client communications, Judge Boyce said the state does not object to the use of the attorney-client room and ruled attorney Mark Means should be allowed to use that room in accordance with the jail's policies.
He did not make an order to make the jail turn their video recordings off.
Judge Boyce denied the request to give Vallow-Daybell a cellphone.
"I understand why that would be of convenience for you Mr. Means, but I think that goes outside the scope of what the jail policies would be."
Lawyers have filed a flurry of briefs ahead of the hearing.
Last Wednesday, Judge Steven Boyce denied a defense motion requesting that he reconsider his decision to 'not' disqualify Madison County Prosecutor Rob Wood as Special Prosecutor of the case.
2-10-Order-Denying-Motion-for-Reconsideration
On Friday, Wood responded to a motion by Lori’s attorney, Mark Means, demanding “work product” in the prosecutors’ preparation of its case.
Wood said he has already provided over 38,000 pages of written and digital discovery and calls the demand for more “unreasonable and oppressive in its expansiveness.” He calls the defense demand “illegal and defective.”
Means has also objected to restrictions on the ability of his client to communicate with her lawyer from jail.
2-12-21-Brief-in-Opposition-to-Defendants-Declared-Motion-to-Compel
In his filing last week, Wood said the court should not interfere in the Madison County Jail’s safety precautions. He objected to Means’ request that security cameras be turned off during visits but agreed that no audio recordings should be made.
In a separate filing, Wood also objected to a defense request that Vallow be provided a cell phone to communicate with her lawyer. Wood says cell phones are expressly listed as contraband in jail.
He also accused Means of attempting to re-litigate issues that have already been decided. And, he claims Means is re-litigating those issues via social media. Wood points to “tweets” from Means asserting “false” claims that the state is wrongfully recording conversations with Vallow.
In short, Wood argued Vallow should be treated like any other inmate.
