AZ - Lori Vallow Daybell charged w/ conspiring to kill ex-husband Charles Vallow and another relative, Brandon Boudreaux, Chandler, Maricopa County,

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Docket updates both cases.

Case Documents
Filing Date Description Docket Date Filing Party
6/21/2024 MCO - Motion To Continue - Party (001) 6/25/2024
NOTE: MOTION TO CONTINUE TRIAL

6/18/2024 MOT - Motion - Party (001) 6/20/2024
NOTE: MOTION TO ORDER MEDIA TO COMPLY WITH ARIZONA SUPREME COURT RULE 122 BEFORE BROADCASTING COURT FOOTAGE VIDEO

6/18/2024 MOT - Motion - Party (001) 6/20/2024
NOTE: MOTION TO ORDER MEDIA TO COMPLY WITH ARIZONA SUPREME COURT RULE 122 BEFORE BROADCASTING COURT FOOTAGE VIDEO

6/13/2024 021 - ME: Nunc Pro Tunc Order - Party (001) 6/13/2024

6/11/2024 AVL - Avowal - Party (001) 6/14/2024
NOTE: AVOWAL

6/6/2024 027 - ME: Pretrial Conference - Party (001) 6/6/2024

6/6/2024 MOT - Motion - Party (001) 6/7/2024
NOTE: MOTION FOR NUNC PRO TUNC ORDER TO CORRECT MINUTE ENTRY REGARDING DEFENSE MOTION AT JUNE 5, 2024 COURT HEARING

6/6/2024 NAR - Notice Of Appearance - Party (001) 6/10/2024
NOTE: NOTICE OF APPEARANCE


Case Calendar
Date Time Event
7/1/2024 8:30 Status Conference [guessing this hearing was vacated per article on next hearing date].

7/2/2024 8:00 Oral Argument
7/2/2024 8:20 Status Conference

7/25/2024 8:30 Pre-Trial Conference

8/1/2024 9:00 Trial


link: Criminal Court Case Information - Case History



and the definition of AVOWAL: [had to look that up!]
A statement made by an attorney during a trial. Parties can also choose to proceed by avowal, meaning that their attorneys make statements at the trial in lieu of testimony.
 
Ha! No speedy trial for Lori.

IANAL but there is wiggle room on speedy trial rights in AZ since this has been designated a complex case and they have stated their grounds of extraordinary circumstances. Uber volumous discovery plus litigation needed to have a fair and impartial jury.

 

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Ha! No speedy trial for Lori.

IANAL but there is wiggle room on speedy trial rights in AZ since this has been designated a complex case and they have stated their grounds of extraordinary circumstances. Uber volumous discovery plus litigation needed to have a fair and impartial jury.


I didn't think the judge ruled yet. Pretty serious to refuse a defendant their speedy trial rights.

There is a possibility the judge can waive her speedy trial rights but no guarantee.

2 Cents
 
"Speedy trial" is ALWAYS a relative term, and the statutory limits can be stretched when it is "necessary."

A good example is LVD's trial in ID, in which she never let go of her speedy trial rights at any point, and yet she didn't come to trial for years. In that case, the court had to intervene when she went nuts and couldn't be considered sane, and had to wait until her mental state changed. It was still a "speedy trial" (and that issue ultimately came into play) even though the time from arrest to trial was long.

In this situation, the request for a delay is being made by the defense, not the state, and it comes in the interest of her having a proper defense. In light of what is being asked, they will get it -- it's far from unreasonable, and her absolute rights to have a defense are always top priority -- and the fact they are only asking for what is necessary should preserve the speedy trial mandate for her once it moves forward again.

Consider this a sort of parenthesis in the schedule, for the defense to have a reasonable time to catch up, with the time clock stopped during the parenthesis, if you will.
Her attorneys could get a psychiatrist once more to rule LVD is not competent to stand trial. Then, she'd be sent back to ID, and they'd have plenty of time to prepare?
 
Her attorneys could get a psychiatrist once more to rule LVD is not competent to stand trial. Then, she'd be sent back to ID, and they'd have plenty of time to prepare?

Az has a strict Restoration to Competency Program that mentally ill defendants in jail can be transferred into with mental health specialists who work in the program and evaluate the inmates.

Defense can't just put a witness psychiatrist on the stand to say their opinion is she is incompetent...Lori would go through the court system in place for that.

The Restoration to Competency Program is administered through the Arizona Department of Health Services at the Arizona State Hospital, and provides psychiatric treatment to individuals who have been accused of a crime but were found to be incompetent to stand trial.

Restoration to Competency - pdf​

 
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Tuesday, July 2nd:
*Oral Arguments Hearing (re cameras in court) (@ 8am MST) & Status [Trial Management] Conference Hearing (both cases) (@ 8:20am MST) - AZ – Charles Vallow (62) shot & killed on July 11, 2019 in Chandler, AZ. *Lori Norene Vallow (46/now 51) indicted (6/24/21), charged & arraigned (12/8/23) with 1 count of 1st degree murder. Plead not guilty. Held without bond.
AZ – Brandon Boudreaux (34/now 38) attempted murder on Oct. 2, 2019 in Gilbert, AZ. *Lori Norene Vallow (46/now 51) indicted (2/24/22), charged & arraigned (12/7/23) with 1 count of 1st degree murder premeditated. Plead not guilty. Held without bond.
Trial set to begin on 8/1/24 for both cases.
Judge Justin Beresky presiding. State’s attorney Ryan Green. DA Treena Jeanelle Kay. Defense attorneys Gerald Bradley & Denae Suchy.

Case info from 2/24/22 thru 6/2/24 reference post #358 here:
[URL unfurl=”false"]https://www.websleuths.com/forums/t...allow-chandler-maricopa-county.679193/page-18[/URL]

6/2/24 Docket update: Complex Case joint case management report pursuant to A.O. #2010-090.
6/5/24 Update: Prosecutors say nearly 100K pages, close to 15TB of discovery material disclosed to the defense. Gerald Bradley, new public efender for Vallow says he has made "incredible progress" in discovery & has gotten thru 8,000 pages. He says Vallow continues to push for speedy trial. Bradley also has issue with media coverage of case. He objects to this hearing begin broadcasted. Judge Justin Beresky denied motion & said this is an open criminal proceeding & there's been no motion to seal. Judge sets 7/1/24 for a status hearing @ 8:30am. Maricopa County attorney Rachel Mitchell on Daybell's alleged involvement in the murder of Vallow & attempted murder of Boudreaux: Chandler PD can re-submit charges against him if additional evidence becomes available.
6/6/24 Docket update: Charles: Motion for Nunc Pro Tunc Order to correct minute entry regarding defense motion at 6/5/24 hearing. 6/6/24 Docket update: Both cases: Notice of appearance. Motion for Nunc Pro Tunc Order to correct minute entry regarding defense motion at 6/5/24 Court hearing. 6/11/24 Docket update: Avowal [A statement made by an attorney during a trial. Parties can also choose to proceed by avowal, meaning that their attorneys make statements at the trial in lieu of testimony. 6/13/24 Docket update: Motion re Nunc Pro Tunc Order. 6/18/24 Docket update: Motion to order media to comply with Arizona Supreme Court Rule 122 before broadcasting Court footage video. Motion to Order Media to comply with Arizona Supreme Court Rule 122. 6/21/24 Docket update: Motion to continue trial by defense.
6/21/24 Update: Public defender Gerald Bradley filed motions to continue her August trial to February, 2025. Says this is necessary to give Vallow a competent representation but she objects & wants to assert speedy trial righs. Defense is not close to completing review of discovery that includes 100K pages, BWC footage & hours of recorded statements. An oral arguments hearing on 7/2/24 @ 8am for defense’s no cameras in court motion & hearing @ 8:20am re trial management. Hearing on 7/1/24 was vacated.
ID – Vallow found guilty of all charges & sentenced to 3 consecutive life sentences without parole on 7/31/23.
 
Hear Lori's attorney complain (in today's hearing) about the media coverage of Lori:


Justin Lum also speaks in defense of courtroom cameras and Lori is sitting at the defense table. Lori's attorney calls the media coverage "unbalanced" and prejudiced against Lori.
 
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