GUILTY ID - Doomsday Cult Victims - Joshua Vallow, Tylee Ryan, Tammy Daybell *Arrests* #77

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Prior said that disclosing in open court whether he has retained a mitigation specialist would reveal his defence strategy - I am not understanding this because I thought it was an expectation on counsel to do so?
 
www.eastidahonews.com

Judge rules John Prior will remain Chad Daybell's attorney - East Idaho News

ST. ANTHONY — Chad Daybell’s lawyer will remain on his client’s case after a judge denied a motion Thursday by the attorney to withdraw. John Prior has been Daybell’s defense attorney since May 2021 after a grand jury indicted Daybell and his wife, Lori Vallow Daybell, on murder and conspiracy...
www.eastidahonews.com www.eastidahonews.com

A full story will be posted later today.
 
idahonews.com

Chad Daybell's attorney's motion to withdraw denied, death penalty trial set to proceed

Chad Daybell's attorney wants to be taken off the case, the State says not so fast.John Prior has been Chad Daybell's defense attorney since he was indicted al
idahonews.com idahonews.com

Judge Boyce ended by saying that because of the failure of the motion to adequately convince the court that Mr. Prior should be removed from the case for good cause, the motion has been denied and Mr. Prior will continue to represent Chad Daybell. The trial will continue as planned.

more at link about the hearing
 
indicolite22 said:
Didn't JP work for free for the past year (since Chad has been declared indigent)?
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It wasn’t clear to me whether he was or not, but the judge more or less said it was not good cause to be removed because he wasn’t going to be paid, so ‍♀️

ETA the article above indicates that JP is not being paid.
 
Pipersand said:
Prior said that disclosing in open court whether he has retained a mitigation specialist would reveal his defence strategy - I am not understanding this because I thought it was an expectation on counsel to do so?
Click to expand...
I’m a bit puzzled by this as well and it appeared to me that the prosecution was remaining in the courtroom for that off camera portion of the hearing so how would that not reveal his strategy to them? But I’ve been puzzled by almost everything Prior has said or done.
 
Nikynoo said:
IMO JP won’t want to spend time in this without payment. Should we expect a plea deal?
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No. Not because of payment anyway. What I believe is going on is not that JP is not getting paid but that he is getting paid as a public defender instead of being able to charge exorbitant prices. It is not reasonable and I am sure it is not even legal for a judge to order that an attorney must stay on a case with zero payment.

Plus, there has to be payment for investigators and experts and psych evaluations and a mitigation specialist, etc... 2 cents....see link.......

Pipersand said:
Prior said that disclosing in open court whether he has retained a mitigation specialist would reveal his defence strategy - I am not understanding this because I thought it was an expectation on counsel to do so?
Click to expand...

It would be gross negligence, in my opinion, to not hire a mitigation specialist. I assume the judge would make sure a death penalty defendant had one.

A mitigation specialist is an indispensable member of the defense team throughout all capital proceedings. Mitigation specialists possess clinical and information-gathering skills and training that most lawyers simply do not have.

They have the time and ability to elicit sensitive, embarrassing and often humiliating evidence (e.g., family sexual abuse) that the defendant may never have disclosed. They have the clinical skills to recognize such things as congenital, mental or neurological conditions, to understand how these conditions may have affected the defendant’s development and behavior, and to identify the most appropriate experts to examine the defendant or testify on his behalf.

Moreover, they may be critical to assuring that the client obtains therapeutic services that render him cognitively and emotionally competent to make sound decisions concerning his case.

www.tonymosslaw.com

What Does A Mitigation Specialist Do? | Mitigation Consulting

The American Bar Association has expressly recognized the critical role of the mitigation specialist in capital litigation.
www.tonymosslaw.com www.tonymosslaw.com
 
At one point JP says he meets the criteria to become death penalty qualified but chose not to do so. He also said he started a year and a half ago (middle to late 2022) to try to get another attorney to join the case and that after going thru the state’s list of death qualified attorneys he started looking at out of state attorneys and still came up empty. And he said that in October of last year that he had identified a private attorney who would consider becoming death penalty qualified to join the case which has not yet happened. JP knew in Aug 2021 that the state was seeking the death penalty. So I have the following questions going through my mind…
1) Why didn’t he start in Aug 2021 trying to find a death penalty qualified attorney to assist him? That was a full year before he says he started looking. Why did he waste that year?
2) Once he did realize that getting a death penalty qualified attorney to join the case was problematic (late 2022 to early 2023) why didn’t he get himself qualified since he says he meets the criteria? (Especially after CD was declared indigent a year ago and JP could have been paid by the state if he did get qualified.)
3) Why did he ask the court to find CD indigent in Jan 2023 and not step down then to allow the court to appoint the 2 death penalty qualified attorneys at that time?
4) Shouldn’t JP get in some kind of trouble for changing his reason for requesting to be allowed to depart the case for different reasons in court today than he put in the motion he submitted?
5) What about JP saying in the motion that CD wanted JP to resign from the case and the Judge saying in court that CD wants JP to remain? Isn’t that again contrary to what JP said in the motion? Can he really just put what he wants in a motion and then change that information in court?

I think the Judge should have at least admonished him but also think he should have reprimanded him.

I agree with the Judge’s decision to deny JP’s motion to withdraw but I also think it will be one of many grounds for appeal they will come up with after the trial - though I suspect that JP won’t be handling the appeal.
 
BUF said:
idahonews.com

Chad Daybell's attorney's motion to withdraw denied, death penalty trial set to proceed

Chad Daybell's attorney wants to be taken off the case, the State says not so fast.John Prior has been Chad Daybell's defense attorney since he was indicted al
idahonews.com idahonews.com

Judge Boyce ended by saying that because of the failure of the motion to adequately convince the court that Mr. Prior should be removed from the case for good cause, the motion has been denied and Mr. Prior will continue to represent Chad Daybell. The trial will continue as planned.

more at link about the hearing
Click to expand...
I'm confused, isn't there one DP qualified attorney on Chad's team, and if so, why isn't that enough? Why are two required?
 
LinasK said:
I'm confused, isn't there one DP qualified attorney on Chad's team, and if so, why isn't that enough? Why are two required?
Click to expand...
At present there are no DP qualified attorneys on Chad's team. It is not a requirement if Chad has a private counsel (paid or unpaid). Two DP qualified attorneys are required if he asks for a public defender instead of the private attorney.
 
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