FREMONT COUNTY, Idaho (KIFI) - Special Prosecutor Rob Wood filed a motion to compel in order to get Chad Daybell's attorney, John Prior, to identify the person who conducted a change of venue survey.
Prior submitted articles, comments on articles and surveys of Fremont County residents to support his claims that Daybell would not get a fair and impartial jury within that county. Daybell's wife, Lori Vallow-Daybell, had a similar motion filed by her attorney, Mark Means.
"Defendant Chad Daybell responded to the State's specific request with a one word response of 'none.' The Defendant has refused to provide the State with the name of the witness and other requested information he is required to provide under Idaho Rule of Criminal Procedure 16 and Idaho Rule of Evidence 705," Wood said in the motion to compel.
A hearing has been scheduled for March 8.
This is the latest argument over discovery and evidence in the case. Last week, Judge Steven W. Boyce granted the motion to compel filed by Means 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 a discovery request.
He did make an exception and did not require part of the list where the findings are too broad.