NATE EATON
https://twitter.com/NateNewsNow
Inside the courtroom for Daybell pre-trial conference this morning. Conjoined trial for Chad and Lori is a little over 5 weeks away.
1
Chad Daybell's attorney will argue their cases should be severed and each defendant should have their own trial. #daybell
"We're not going to be prepared for trial on April 3," John Prior, Chad's attorney, tells Judge Boyce.
But Jim Archibald, Lori's attorney, says "We are ready to proceed, your honor....Our witness and exhibit list will be fine-tuned and will be filed with the court 14 days before trial," Jim Archibald, Lori's attorney, says.
2 State arguing against mental health being used as a defense in Lori's case.
Blake: "The state absolutely intends to talk about issues regarding the defendant's beliefs. We are concerned the defense may then use that to open the door to argue mental health as a defense"
3 Defense responds
Jim Archibald, Lori's attorney, objects to the motion. "Our mental health experts still have questions about her competency. We do respect the court's opinion that she is competent for trial even though there are differing opinions on that matter."
Archibald: "All the mental health experts that have evaluated her say she does have a mental illness. There's no question."
Archibald says Lori Vallow Daybell believes she will not be convicted.
Archibald says "our witnesses will be 'very few' during the guilt phase " of the trial. The trial has 2 phases - the guilt phase and then the penalty phase (if defendants are found guilty).
Archibald says they have no plans to make mental health an issue during the guilt phase of the trial...and because of that, he does not believe the state should be able to use a mental health expert who is currently on the witness list.
Judge Boyce to issue written ruling on the mental health motion concerning Lori's case.
4 Prior now arguing motion about lacking access to evidence in timely manner (which ultimately relates to the issues of date of trial, and of severing cases) with state's response following
Prior: "The trial is going to start in 21 business days. To date, unless I'm mistaken, there is DNA evidence that is still outstanding that I don't have in my possession."
Prior: "It's not my problem about the DNA evidence and what's going on. This is all on the state. They have an obligation to receive and process DNA evidence."
Prior: "You're going to hurry me? You're going to rush me for having to evaluate this in 21 business days because the state can't get their act together? They can't give me sufficient amount of time to do what I need to do in this case to evaluate this case?"
Prior says he received evidence on Monday - Presidents' Day. He had to meet the Fed Ex delivery driver at his office and then overnight the evidence to his expert. He argues this is not giving him enough time to prepare for trial.
Prior says evidence in the case includes hair samples from each of the defendants - Chad and Lori
Prior: "In the month of February, just in the month of February, there have been four "supplemental evidence" given to him...including tips that were involved in this case from 2019
Prior: "If they inadvertently missed something and didn't provide it in a timely fashion, that's fine. But that doesn't mean I should have to rush and prepare for trial at the last minute because the state can't get their act together."
Prior says 32 electronic devices and 26 journals were seized from Chad Daybell's house. This will be evidence in the case. Prior says there is 12 terabytes of data that has been submitted as evidence. "That's enough to fill a cargo van."
Prior says even if state gave him all outstanding evidence by next week, "I'm not going to be able to get through it all. There's no way. Even with the additional support staff I have, there is no way I'm going to be able to get through the evidence."
Prior: "They're providing little bits & pieces (of evidence) & saying 'Catch me if you can. Provide it to me if you can.' How do I know? Half a million GPS points that were never provided to me originally. 1,188 tips that were not given to me until the last month."
Prior - "Either they're trying to sandbag me or there's a lot of incompetence and nobody's watching or directing the ship. Judge - for you to punish me and have me go through all this evidence at the last minute because they can't get their act together - it's not my fault." Prior saying Lori's team does not have all the evidence either and says "Ms. Vallow"...then stops and says "Vallow-Daybell, excuse me ma'am. " Lori nods her head.
Prior: "This delay is not on me in any way. This delay can not be on me in any way. This is a complete breakdown on the prosecutor's office. Judge - I'm asking you to dismiss this indictment." Prior: "In the alternative, I'm asking the court to consider and reconsider the severance motion because I cannot be ready."
5 Fremont Co. Dep. Prosecuting Attorney Tawnya Rawlings responding to Prior's argument on behalf of the state. "We recognize that having collected these additional hairs at a later date is problematic so the state, out of concern for that, did make significant efforts to find a smaller lab to test the hair." Rawlings says state lab could not test the small portions of hair for specific DNA evidence in a quick manner so a private lab was found in California for testing. Prior was notified of this, according to Rawlings.
Rawlings says state experts report on the lab testing of the hair TODAY. "We don't have the results now. We don't know whether they were able to obtain anything, we just know they have the ability to test the hair in a more extensive manner than the state lab."
Rawlings: "I fully empathize with defense counsel as far as going through the vast amount of evidence in this case. I recognize there is a vast amount of evidence. The state has been going through discovery again since November to make sure everything has been turned over." Rawlings says the devices seized from Chad Daybell's home in Jan. 2020 are not relevant to the state's case. As for the journals, they were disclosed in the previous Chad Daybell case (before the indictment) so "the defense has been aware of those for some time."
Rawlings: "There is a voluminous amount of material in this case and much of this material has been available for inspection and review for two years."
State argues they have turned over all evidence in a timely manner and have communicated with defense attorneys when there have been delays. Says indictment against Chad Daybell should not be dismissed.
Boyce makes a point to tell Prior that with electronic evidence, the prosecutor keeps possession of devices so things aren't just "floating out there." He tells Prior he's welcome to go review the evidence at any time at the prosecutor's office.
Prior: "I provided the prosecuting attorney staff with a 16 TB hard drive today. I would like the prosecuting attorney to download the entire case on that 16TB hard drive."
6
Madison County Prosecuting Attorney Rob Wood now addressing the court. "Mr. Prior has certainly cast his fair share of dispersions on the state and law enforcement today."
Wood: "I want to point out, on the record, that the defense was made aware of the electronic devices (seized from Daybell's house) on Jan. 14, 2021 - more than 4 months before this case was even filed. Included with that was a document with a list of the journals."
Prior says Chad Daybell has "repeatedly expressed his pleasure with the job I am doing" as Chad nods his head yes.
7
Fremont Co. Prosecuting Attorney Lindsey Blake now addressing Prior's motion to sever the cases. "it boils down to the discovery issues. Mr. Prior is now saying there's too much discovery for him to get through before trial."
Blake: "The defense, at any point, could have called the state lab. There was no restriction on the defense contacting the state lab. There was no restriction on the defense reviewing what's at the state lab. They could have done this any time in the past 2 years. They did not."
Blake: "He (Prior) absolutely had the ability to come and look at (the evidence). We've repeatedly said for years now. He's known about the existence of the journals, the existence of the devices and what we pulled off them. For whatever strategic reasons, he choose not to."
(Prior referenced 12 TB of data that the state recently turned over to him.) Blake says anything the state plans to use from the 12 TB of information was turned over to Prior previously.
Blake says prosecutors have been going through everything ahead of trial to make sure it's all been turned over. "We recognize the state has discovered things that ended up not being disclosed. We promptly disclosed and turned them over."
Blake says there have been "repeated attempts" by Prior during this hearing "to exaggerate the amount of discovery" and the lack of time in which is was disclosed.
Blake: "The state has made accommodations any time defense has asked to review discovery. We have absolutely made it available."
Blake "The defendant has waited until the eve of trial to raise this issue. We didn't see motions to compel until recently. The defendant did not request to come and look at the 12 TB of information he's known about for two years."
EATON REPORTS CONTINUE (at Twitter) as the hearing is still ongoing.
@NateNewsNow
