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

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Love Never Fails said:
That’s smart of him. He knows Chad needs a DP qualified team. Utah will foot the bill. I hope CD doesn’t get a lighter sentence.
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IDAHO not Utah

I cannot say how I really feel about Prior right now without violating terms of service. But as an Idaho citizen may he rot in a place that is hot...with Lori and Chad too someday.
 
Prior really is a piece of work. I guess he got the house and figures that is enough for the little amount of work he has done already. I would feel sorry for Chad but that isn't even a possible emotion I could ever feel for him.

This is another delay that will probably be at least another year for justice for Tammy and the kids.
 
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Pretty clear John Prior will not be staying on the case:

In a motion that was unsealed Friday, Chad Daybell's attorney John Prior wrote that he "moves to withdraw" as Chad Daybell's counsel. The filing states that Chad Daybell was found indigent by the court and doesn't have the ability to pay for counsel's continued services. It also states that Chad Daybell seeks to be appointed two capital-qualified attorneys as he's facing the death penalty.

"Remaining on this case would require undersigned counsel to work around the clock, more than full-time, for more than four months without compensation and without the assistance of another counsel."

A hearing is scheduled for January 18 at 10:00 a.m. at the Madison County Courthouse where Judge Steve Boyce will hear arguments for the Motion to Withdraw as Counsel.
www.kivitv.com

Attorney for Chad Daybell files motion to withdraw from case

Chad Daybell's attorney has filed a motion to withdraw as counsel from the high-profile murder case currently set for trial in April.
www.kivitv.com www.kivitv.com
 
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aafromaa said:
So let me see if I’m following all this….
1) CD hired JP in May 2021 with his own funds - presumedly whatever was left over of the insurance money as well as his interest in the family home
2) the state, announces their intent to seek the death penalty in August 2021 but JP stays on the case as sole attorney
3) CD was declared indigent in January 2023 - in large part because JP had taken all his remaining funds and his home as payment
4) JP could have requested a death penalty qualified attorney be appointed at that time to be paid for by the state but chose to try to find one on his own and get him qualified and then paid for by the state - only that hasn’t worked out
5) the court was under no obligation to appoint death penalty, qualified attorney at that time because CD was already represented by counsel he retained with his own funds. And apparently JP could represent CD in a death penalty case without being death penalty qualified as long as he was paid by CD and not requesting payment from the state for his indigent client.
6) Had JP requested to be removed from the case a year ago or asked the court to appoint a state funded death penalty qualified attorney to assist him at that time they would be ready to proceed to trial as scheduled in April.
7) now, after failing in his attempt to have the death penalty removed, he wants completely off the case and new state appointed attorneys to have to start all over

if my understanding of the above is accurate, I do not believe the court will have any choice, but to appoint to death penalty, qualified attorneys as soon as possible. However I do not think JP should be allowed to withdraw from the case, but should remain on the defense team, not as the lead attorney any longer, but to assist a new counsel with his knowledge of the case to date. I don’t know if there are any legal grounds for forcing him to stay on the case but I believe he is manipulating the entire situation And that it would be wrong to allow him to walk away at this point. But I also think this motion and the timing of this motion demonstrate that he is exactly the kind of lawyer I have always thought he was. He’s given me the creeps all along.
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He can't stay on because he isn't getting paid. He would have to somehow get certified as a court attorney for indigent defendants then take a large pay cut.

And he can't stay on because Chad wants 2 death qualified attorneys....2 cents
 
Chad is using his right to 2 death qualified attorneys. JP should have quit a year ago. Staying on for free did not benefit him or his client, unless delay was one of the goals. Chances of DP being taken off the table for Chad were minimal. Had JP succeeded, would he have turned into Chad's public defender?
 
sassyblue said:
Prior really is a piece of work. I guess he got the house and figures that is enough for the little amount of work he has done already. I would feel sorry for Chad but that isn't even a possible emotion I could ever feel for him.

This is another delay that will probably be at least another year for justice for Tammy and the kids.
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And Charles.
 
iMO

It seems JP took on this case from the very beginning as a gamble. He knew as did everyone else that at some point his client would run out of money, and be declared indigent. Apparently his initial gamble was that when this happened he would be paid by the state once that happened.

He doubled down on this when the state announced the intent to seek the death penalty, and he stayed on the case. Either he thought that if he found his own death penalty, qualified, co-counsel that he could be paid by the state as the second lawyer on the case or that he would delegate all the work to the death penalty qualified co-counsel anyway. Or he thought that he would be successful in his efforts to have the death penalty removed. It was a gamble either way.

He failed in both situations. he was unable to get the death penalty removed and unable to get his choice of co-counsel death penalty qualified. He burned through billable hours and travel expenses attending much of LVD’s trial that no doubt consumed much of the remaining funds he had been paid by CD. And now, just before the trial begins, he wants to walk away from the case without paying his gambling debt.

Perhaps the solution is for CD to sue JP for malpractice. CD could use the proceeds to engage his own death, penalty, qualified attorneys As he would no longer be indigent. It would not avoid the delay in the trial, but nothing can do that now and at least it would save the ID taxpayers, the burden of the cost of these attorneys.
 
Teche said:
Didn't Prior take ownership of the Daybell home? I may be confused.
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Yes, but sooo long ago. Those monies would have been depleted long ago.

thelorivallowstory.com

Did Chad Daybell really give his lawyer a house? — The Lori Vallow Story

December 24, 2020 It’s Christmas Eve, and this case is the gift that keeps giving. Yes, Chad Daybell really DID give John Prior a house. Most will probably find this shocking, but in the legal community, it’s not that unusual. It’s no secret that legal fees can add up. The average divorce in the
thelorivallowstory.com thelorivallowstory.com
 
Prior seems smart to me, doing what attorneys do. Staying as long as he could use up any monies Chad had. Then making sure Chad gets two DP attorneys.
Prior gets to walk away. The DP attorneys get to possibly reduce the penalty to life without parole. In worst case scenario, Chad going to death row is delayed.
And finally, Prior can sell Chads house. The house where Tammy and murdered.

ETA: Prior should burn it to the ground. Then sell the land.
 
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indicolite22 said:
unless delay was one of the goals
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Oh, I 100% believe this is exactly the case. CD has been using every possible delay tactic from the beginning, and now that he's seen how LVD's trial went, I think he's even less eager to step into that courtroom.

He's already lost everything the outside world has to offer him: his property, his new wife, his temple recommend and good standing within the LDS church... The only things he has left are his life and his childrens' support. His trial is likely to deprive him of those things, so why wouldn't he want to put it off as long as possible?
 
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