Chad Daybell’s attorney gets more time to file for a dismissal

ST. ANTHONY, Idaho (KIFI) - Chad Daybell's attorney has been given more time to file a motion to dismiss the case.

During a Thursday morning hearing, Judge Steven Boyce granted a motion by John Prior, Daybell's attorney for an extension to file a motion.

Daybell opted not to attend the online hearing with his attorney and prosecuting attorney Rob Wood.

Prior will have until March 23rd to argue for dismissal.

Prior also brought up another point of contention. He wants transcripts of another trial hearing that he believes impacts his client's case.

Wood disagreed.

"I'm entitled to that information, additional information and if there were witnesses and testimony, I should be afforded a chance to get that information prior to me even filing any kind, addressing any concerns I might have in the Grand Jury transcript," Prior stated.

"The state does feel comfortable saying that his client wasn't even the subject of the grand jury proceeding that day. The only way that additional Grand Jury proceedings could reasonably be used to attack the initial indictment is if new charges were brought against the defendants," Wood responded.

Daybell and his wife, Lori Vallow-Daybell, are charged with the deaths of her two children, Joshua 'JJ' Vallow and Tylee Ryan.

Chad Daybell is also charged with murder in the death of his former wife Tammie Daybell.

Prior has also asked that Chad Daybell's case be tried separately from his wife's. A hearing is schedule for that motion on March 18.