It has been awhile since his last hearing date - so pretty long - but will shorten it up now!
Thursday, December 28th:
*Motions Hearing (@ 9:30am MT) – ID –
Joshua Jaxon (JJ) Vallow (7) &
Tylee Ashlyn Ryan (16) (JJ last seen Sept. 23, 2019 & Tylee on Sept. 9, 2019, Rexburg; found June 9, 2020 buried in Daybell’s yard in Salem, ID) &
Tamara “Tammy” Michelle Douglas Daybell (49) (died on Oct. 19, 2019 at her residence in Salem, ID; dob 5/4/70). –
*Chad Guy Daybell (53/now 55) arrested (6/9/20) & indicted (5/25/21) &
charged (5/26/21) & arraigned (6/9/21) with Count 1 (for
Tylee): Conspiracy to commit 1st degree murder & grand theft by deception (for
Daybell, Vallow & Alex Cox) & other co-conspirators. Count 2 (for
Tylee): 1st degree murder. Count 3 (for
JJ): Conspiracy to commit 1st degree murder & grand theft by deception. Count 4 (for
JJ): 1st degree murder. Count 5 (for
Tammy, 49, died 10/19/19): Conspiracy to commit 1st degree murder. Count 6 (for
Tammy): 1st degree murder. Count 8 & 9: Insurance Fraud (Two counts of insurance fraud related to 2 different life insurance policies he had on
Tammy). Plead not guilty. No bond. DA will seek DP.
Trial set to begin on 4/1/24 (thru 5/31). Trial will be held in Ada County.
Judge Steven W. Boyce presiding. Prosecutors: Lindsey Blake, Rob Wood & Rachel Smith & defense attorneys Jim Archibald & John Thomas.
Previous charges, Grand jury indictment & Court info from 6/10/20 thru 6/2/23 reference post #105 here:
https://www.websleuths.com/forums/t...ybell-charles-vallow-arrests-77.686529/page-6
10/5/23 Update: Daybell has a status conference in his case & will be held via Zoom on Tuesday, 10/10/23 at 2pm. Final pretrial conference hearing on 2/22/24 @ 9:30am.
10/10/23 Update: Daybell still wants cameras in the courtroom per John Prior. Trial date of 4/1/24 is still on schedule. They estimate the death penalty trial will last approximately 8 weeks. John Prior says "The defense will put on a case." Judge Boyce will revisit the no camera order (from prosecution) & wants to schedule a hearing to hear arguments on cameras in courtroom for trial. State still opposes cameras for trial. Judge Boyce sets 11/29/23 @ 9:30am hearing for arguments on cameras. Judge Boyce announced he will hold an ex parte hearing requested by the defense. This is a sealed hearing & does not include prosecutors or public. Because this is a capital case, the questionnaire for potential jurors could be longer. Judge Boyce suggests starting the juror questionnaire process the week of 3/18/24 running 2 weeks. Blake asks Boyce to consider having a set monthly hearing date to review motions, scheduling, etc. She says there are 3 motions prosecutors wish to file. The first hearing will be on 11/29/23 & the State can add additional hearings on that date if they wish. (see posts #108 thru 111 page 6).
10/16/23 Update: Judge Steven Boyce has signed a stipulation order releasing JJ Vallow's body to his next of kin.
11/9/23 Update: Attorney John Prior filed motions to strike death penalty based on relativity culpability. Prior says co-defendant Vallow did not face DP & was the most culpable in the alleged conspiracy to murder JJ, Tylee & Tammy Daybell. And files another Motion to strike the death penalty. Prior argues that willingness to waive a right to speedy trial cannot constitutionally decides who lives & who dies. Daybell waived his right in August, 2021 & Vallow did not. Filed Motion in Limine to limit State to consistent arguments on defendant culpability. Saying if the prosecution argued that Vallow was the "driving force" behind the 3 murders, then keep that same theory for the Daybell trial. This will be argued on the 11/29/23 hearing.
11/13/23 Update: Defense's Motion confirming there is no court order restricting contact between the defendant & his co-defendant. Motion hearing added on 12/28/23 @ 9:30am.
11/16/23 Update: State of Idaho prosecutors want to move Daybell trial back to Fremont County or to a "closer, less saturated & less expensive venue." They also asks Judge to keep camera ban in place for Daybell trial citing "widespread media attention" by the case.
11/27/23 Update: EastIDNews, IdahoStatesman, IdahoCapitalSun & IdahoPressClub have filed a brief in support of cameras in the courtroom during Daybell's upcoming trial.
11/29/23 Update: Judge Stephen Boyce issued a ruling on the motion from the bench. The court will provide a livestream of the trial & court proceedings using their equipment & their own staff to control what can be seen & heard. A concern brought up by both the defense & the prosecution is whether or not microphones or cameras would be placed too closely to the council's tables, which could inadvertently record protected conversations on both sides. This ruling appears to take that in to consideration. A motion to change the venue was also considered. Daybell & his wife, Lori Vallow Daybell, were supposed to be tried together, but Chad waived his right to a speedy trial, & Lori did not. Judge Boyce will issue a written ruling on change of venue. Finally, the court ruled the state must argue the same facts between Lori & Chad's trial. The court will issue a written decision on whether to remove the death penalty at a later date.
Judge also denied the Defense's Motion in Limine. The Motion in Limini to Limit State to Consistent Arguments on Defendant's Relative Culpability, filed by the defense, addresses Prior concerns of the State offering inconsistent theories between the trials of Lori Vallow Daybell & Chad Daybell. The main argument that the State cannot say Lori was the driving force for the crimes during Lori's trial & then Chad was the driving force during Chad's trial.
The State replied stating that there has been no suggestion that the theories would be conflicting & that Chad & Lori (and Alex Cox) acted together in the conspiracy - planned, aided, & abetted together to change the lives of JJ, Tylee & Tammy. Also noting that Chad also committed fraud by claiming the life insurance benefits of Tammy.
Judge Stephen Boyce agreed with the State saying that there are no grounds to grant the motion at this time. However, Boyce did state that should the arguments in trial seem to support inconsistent theories, he would be open to an additional motion & address it then. Next motions hearing on 12/28/23.
12/5/23 Update: Judge Stephen Boyce will allow cameras at Daybell's trial. 12/8/23 Update: Order: On state's Motion to reconsider Change of Venue. Judge Boyce has denied a request from prosecutors to move Daybell's trial from Ada County back to eastern Idaho to Fremont County.
12/20/23 Update: Judge Boyce denies Daybell's motion to strike death penalty. See posts #239 & 240 on page 12. The judge denied the motion to strike the death penalty based on relative culpability & the claim that Daybell is being disproportionally punished for waiving his right to a speedy trial. Judge Boyce issued a written decision Tuesday denying the motion & said it’s up to a jury to decide whether Daybell should face the death penalty.
*Lori Norene Vallow aka Lori Norene Daybell (46/now 50) – Fremont County: Trial started on 4/10/23 & ended 5/10/23. 5/12/23: Guilty of all charges. Sentenced (7/31/23) to 3 consecutive life without parole sentence. 8/31/23 Update: Jim Archibald, Vallow's attorney has filed a Notice of Appeal & a motion to appoint state appellate public defender. New appeal attorney Craig Durham. 
