ID - Doomsday Cult Victims - Joshua Vallow - Tylee Ryan - Tammy Daybell - Charles Vallow - *Arrests* #67

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Lori Vallow Daybell and Chad Daybell trial to start 4/3. Leticia Stauch trial to start on 3/20. My head will explode! Neither court will allow cameras during trial. Grrr! My brain can’t handle not having video!
 
Here is an additional thought on the arguably dead subject of the mental gymnastics of denial and/or deception that Gibb engaged in.

Weekend of Sept. 22 and 23rd with all that occurred and has been much discussed: (Unlikely Tylee story, unlikely zombie story, unlikely "forgetting" context of text from Lori to Melanie regarding putting JJ "back" down in the evening while in same apt. allegedly, unlikely that no one suggested school as a place JJ could be or should be, unlikely that Melanie does not have a clear memory of JJ being carried into the apt., unlikely that adults contact adults over nightmares or even "visions" or other meta-earth sourced communications that don't require immediate action in the middle of the night, unlikely that the subject of several phone conversations after that bizarre morning were forgotten. Yet, memory is clear that the neither Lori nor Chad explicitly indicated physically causing the deaths of the bodies allegedly taken over by zombies.)

That weekend in September, Melanie claims she believed that Tylee was at BYU. Maybe she was callously indifferent to the truth at the time. By January a few months later, she was to report that Lori's non-verbals indicated Tylee was dead.

Melanie claims a week or so later, Lori falsely told her that JJ was with Kay, giving a lot of detail as to how JJ was passed off, etc. Let's assume Melanie believed this, and still didn't concern herself with Tylee since Melanie was not concerned about her.

Then, 8 weeks farther along, Tammy's dead and Chad and Lori are married. Police from 2 dept. and Chad and Lori all contact her, and the welfare check attempt is in full swing and Melanie knows something horrible went down.

This is what I think. Melanie would be searching for an acceptable way to string together the known information. I would think at that point, her mind would return to Tylee, no matter how much distain she had for that smart and loving little girl. I would think that Melanie would theorize that the children are together if she believed Tylee to be alive.

I would think that either 1) Melanie would have indeed already known/strongly suspected that Tylee was dead somewhere and did not tell the police this when the welfare check on JJ was going south, or 2) Would have assumed that Tylee was hiding JJ somewhere and did not tell the police this.

Yuck, yuck and yuck. I sincerely have some sympathy for what Melanie has gone through. But I am underwhelmed by her self-awareness and deeply disturbed by her actions and words. She is going to be a dreadful prosecution witness.

MOO.
Did Melanie dislike Tylee? TIA
 
Judge to issue ruling on whether to separate Chad and Lori Daybell cases.

ST. ANTHONY — A judge will issue a written decision on whether Chad and Lori Daybell’s trial will be severed, and the couple’s mental health will not be used as they try to convince a jury of their innocence.

These issues were discussed during a pretrial hearing Thursday at the Fremont County Courthouse. Dressed in a blue blouse and black dress pants, Lori took notes and chatted with her defense attorneys, Jim Archibald and John Thomas, throughout the morning. Chad wore dress pants with a white shirt and blue tie.

The couple is charged with multiple counts of first-degree murder and conspiracy to commit murder for the deaths of 7-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan – two of Lori’s children – along with Chad’s previous wife, Tammy Daybell.

 
Status conference Monday


I get a blank page for this link. And you say there is a status hearing on Monday, the 27th? But this article below:

Judge to issue ruling on whether to separate Chad and Lori Daybell cases.

ST. ANTHONY — A judge will issue a written decision on whether Chad and Lori Daybell’s trial will be severed, and the couple’s mental health will not be used as they try to convince a jury of their innocence.

These issues were discussed during a pretrial hearing Thursday at the Fremont County Courthouse. Dressed in a blue blouse and black dress pants, Lori took notes and chatted with her defense attorneys, Jim Archibald and John Thomas, throughout the morning. Chad wore dress pants with a white shirt and blue tie.

The couple is charged with multiple counts of first-degree murder and conspiracy to commit murder for the deaths of 7-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan – two of Lori’s children – along with Chad’s previous wife, Tammy Daybell.


from article:

The next hearing scheduled in the case is on 3/9/23 in Fremont County. Boyce mentioned the Ada County Courthouse is ready for the trial to begin in five weeks.

????

edited to add: I am going to put them on 3/9/23 until I hear anything different. :)
 
NICK EATON @NateNewsNow
A status conference has suddenly been scheduled for Monday in the Vallow/Daybell case. During yesterday's hearing, prosecutors said they were expecting DNA evidence back that very day. Could this hearing be about that? We'll see. I'll be there. Monday 2:30 p.m.
 
Anyone listen to the audio from the courtroom? I tried to, and feel into a deep sleep. All I heard was Prior blather on about it's not his fault he has so much to review while the trial is coming up. I never heard the judge interrupt to say, "Mr. Prior, I don't want to know how many terabytes or reams of information you have been choosing to ignore for years. I only want to hear about what it is that you received in the last 2 weeks and what is outstanding. How much is that and why, save for the stuff you must do because you choose not do being a priority, can't that be done in five weeks?"

That judge is way too patient with that whining drone.

If there is a tremendous amount of info, all the state has to do is mention which parts will be used to make their case and any parts they noticed that poke holes in it. IANAL so probably someone more qualified should comment. But its not the states job to tell them every detail contained in, say, the contents of Tammy's computer irrelevant to the case. There is going to be a lot of unnecessary information seized by the state- and I get the impression it's been available for years. I think there is some recently received DNA data and some outstanding DNA data from a hair. Give me a break- start cracking. It's not credible to me that Prior has all that much to review that was out of his control.

MOO and IANAL
 
Did Melanie dislike Tylee? TIA

Someone with better link skills than I could be more specific, but when Tylee comes up in Melanie's interviews with the police and in Melanie's conversation with a fan from Massachusetts (who started to record the conversation when she realized Melanie was talking about the murders), you can hear the disdain for Tylee.

(Edited because autocorrect sucks.)
 
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Anyone listen to the audio from the courtroom? I tried to, and feel into a deep sleep. All I heard was Prior blather on about it's not his fault he has so much to review while the trial is coming up. I never heard the judge interrupt to say, "Mr. Prior, I don't want to know how many terabytes or reams of information you have been choosing to ignore for years. I only want to hear about what it is that you received in the last 2 weeks and what is outstanding. How much is that and why, save for the stuff you must do because you choose not do being a priority, can't that be done in five weeks?"

That judge is way too patient with that whining drone.

If there is a tremendous amount of info, all the state has to do is mention which parts will be used to make their case and any parts they noticed that poke holes in it. IANAL so probably someone more qualified should comment. But its not the states job to tell them every detail contained in, say, the contents of Tammy's computer irrelevant to the case. There is going to be a lot of unnecessary information seized by the state- and I get the impression it's been available for years. I think there is some recently received DNA data and some outstanding DNA data from a hair. Give me a break- start cracking. It's not credible to me that Prior has all that much to review that was out of his control.

MOO and IANAL
Yes I listened this morning on YT. PRIOR was whinging on and on none stop. All the noise he's been making about not getting the evidence from the State and it seems he has it wrong. He should have gone to State office and viewed the evidence there according to them. Very interesting.
 
Anyone listen to the audio from the courtroom? I tried to, and feel into a deep sleep. All I heard was Prior blather on about it's not his fault he has so much to review while the trial is coming up. I never heard the judge interrupt to say, "Mr. Prior, I don't want to know how many terabytes or reams of information you have been choosing to ignore for years. I only want to hear about what it is that you received in the last 2 weeks and what is outstanding. How much is that and why, save for the stuff you must do because you choose not do being a priority, can't that be done in five weeks?"

That judge is way too patient with that whining drone.

If there is a tremendous amount of info, all the state has to do is mention which parts will be used to make their case and any parts they noticed that poke holes in it. IANAL so probably someone more qualified should comment. But its not the states job to tell them every detail contained in, say, the contents of Tammy's computer irrelevant to the case. There is going to be a lot of unnecessary information seized by the state- and I get the impression it's been available for years. I think there is some recently received DNA data and some outstanding DNA data from a hair. Give me a break- start cracking. It's not credible to me that Prior has all that much to review that was out of his control.

MOO and IANAL

You asked for comments on this, so I will offer mine. I too watched the whole hearing.

1 Re Boyce letting Prior speak, that's necessary. That was the venue for the defense to explain and argue for what the defense claims is fair (their motion), and you don't cut off their points in the middle. If you think the DA has screwed you over on discovery, tell me why.
2 The judge is not going to make the DA's arguments. The DA got a chance to reply, and their counter-points weren't even on the table until then.
3 The idea that the DA can solve the time crunch with ease by spoon-feeding which items they will use in trial isn't really an answer here. That can be helpful, of course, but what about the hundreds of pieces of exculpatory evidence that the state has that they won't be using (because they point to a different killer)? The defense can't trust the state to pick them out of the huge pile and point them out, so the defense has to have time to find them all by their own effort.
4 The answer that does work is if the state has given the defense essentially everything they have, long long ago, to examine as they wish, with only a few recently-discovered pieces being new. IMO - what the decision hinges on is how much LE didn't turn over until the last minute. The defense says "you buried us at the last minute" and the state says "we already gave you a ton" but what matters imo is how big and complicated and test-intensive the last minute discovery pile is.
5 It is the state's responsibility to give EVERYTHING to the defense, just as soon as they have it, so the burden here is on the state (which has a duty and should have performed) and not the defense.
6 This isn't something that can be blown off lightly -- convictions get overturned for discovery issues.

It is very relevant here that not only has some evidence been delivered very recently, but the state also has evidence they still haven't turned over, DNA evidence, because it's still being tested. They've have had it for years (and defense with no access to it) and on the eve of trial they test it with defense not having had a chance to see what it is and how it matters (or not)? No chance to figure out how to use it to exonerate their clients, if it doesn't match? That's awful late in the game. And imo it's fair for the defense to whine and be demanding when that's where the state is putting them.
 
NICK EATON @NateNewsNow
A status conference has suddenly been scheduled for Monday in the Vallow/Daybell case. During yesterday's hearing, prosecutors said they were expecting DNA evidence back that very day. Could this hearing be about that? We'll see. I'll be there. Monday 2:30 p.m.

This is where I will miss the cameras. If the evidence is back, it would be great to see as well as hear the non verbals regarding the evidence.

I'm inclined to think the DNA evidence will be a bit anticlimactic. But still if it supports a case against the defendant (s) his/her/their lawyer(s) will be more angrily outraged that the evidence needs to be retested. If it is exculpatory they will have glee behind the outrage. And if the defense teams seem to have different reactions to the results, that's extra juicy.

I do know that this case does not exist for my entertainment- and my first priority is peace and justice for the victims. But sometimes there are entertaining bits- and watching the attorneys in court right after reviewing evidence could be one of them.

MOO
 
This is where I will miss the cameras. If the evidence is back, it would be great to see as well as hear the non verbals regarding the evidence.

I'm inclined to think the DNA evidence will be a bit anticlimactic. But still if it supports a case against the defendant (s) his/her/their lawyer(s) will be more angrily outraged that the evidence needs to be retested. If it is exculpatory they will have glee behind the outrage. And if the defense teams seem to have different reactions to the results, that's extra juicy.

I do know that this case does not exist for my entertainment- and my first priority is peace and justice for the victims. But sometimes there are entertaining bits- and watching the attorneys in court right after reviewing evidence could be one of them.

MOO

If I understand correctly, this is not evidence that will be retested, because they didn't have a large enough sample. And they have been limited in where and how it can be tested, because having limited sample apparently slows the process due to a lack of latitude for lab slip-ups in the process, and the very exacting ways they have to work with such small samples. They went outside state labs to find a place to get it done sooner.

If I understand correctly, where the defense will need time would be on how to react to the results if it yields an answer -- does this help them, hurt them, or are there questions about the lab and the process? Getting an expert witness, if one is needed, can probably be an issue at the last minute. And how do we fit this piece of evidence into the way we are planning to deal with the overall case? Everything new can have an effect on all the rest.
 
You asked for comments on this, so I will offer mine. I too watched the whole hearing.

1 Re Boyce letting Prior speak, that's necessary. That was the venue for the defense to explain and argue for what the defense claims is fair (their motion), and you don't cut off their points in the middle. If you think the DA has screwed you over on discovery, tell me why.
2 The judge is not going to make the DA's arguments. The DA got a chance to reply, and their counter-points weren't even on the table until then.
3 The idea that the DA can solve the time crunch with ease by spoon-feeding which items they will use in trial isn't really an answer here. That can be helpful, of course, but what about the hundreds of pieces of exculpatory evidence that the state has that they won't be using (because they point to a different killer)? The defense can't trust the state to pick them out of the huge pile and point them out, so the defense has to have time to find them all by their own effort.
4 The answer that does work is if the state has given the defense essentially everything they have, long long ago, to examine as they wish, with only a few recently-discovered pieces being new. IMO - what the decision hinges on is how much LE didn't turn over until the last minute. The defense says "you buried us at the last minute" and the state says "we already gave you a ton" but what matters imo is how big and complicated and test-intensive the last minute discovery pile is.
5 It is the state's responsibility to give EVERYTHING to the defense, just as soon as they have it, so the burden here is on the state (which has a duty and should have performed) and not the defense.
6 This isn't something that can be blown off lightly -- convictions get overturned for discovery issues.

It is very relevant here that not only has some evidence been delivered very recently, but the state also has evidence they still haven't turned over, DNA evidence, because it's still being tested. They've have had it for years (and defense with no access to it) and on the eve of trial they test it with defense not having had a chance to see what it is and how it matters (or not)? No chance to figure out how to use it to exonerate their clients, if it doesn't match? That's awful late in the game. And imo it's fair for the defense to whine and be demanding when that's where the state is putting them.


Interesting. You are right that the prosecutor should make the arguments I suggested, not the judge.

Still, I call BS on the claim that Prior really got so much data so late.

It is not the States job to give ALL information. It is their job to share what they will use for the case and what they have noticed that is exculpatory.

Of course, the defense wants to do its own investigation into the information to make sure all exculpatory evidence was identified. It's up to the defense to review the seized devices and evidence in the states possession doing their own investigation.

My impression is that the state had made that information available for years. In response to being harangued in every way but the appropriate way to request reviewing information, the state finally gave ALL information, which they are not required to do. And Prior is acting like that is what they should have done all along.

IANAL and I also don't know the details of what really happened. But that is my impression. Prior is toeing the line of truthfulness by pretending that it is not his job to look into the available evidence himself. The point is to make sure the prosecution did not miss things relevant to defense. The state must turn over the evidence they will use and evidence they found that contradicts- but they do not have to turn over ALL evidence.

But I just act like I know law on the internet. Perhaps a real lawyer could comment.

MOO
 
Monday, February 27th:
*Status Conference Hearing (@ 2:30pm 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). – for *Chad Guy Daybell (53/now 54) 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 4/3/23 thru 6/9/23 @ 9am. Trial will be held in Ada County. (will last 10 weeks)
Previous charges, Grand jury indictment & Court info from 6/10/20 thru 2/16/23 reference post #447 here:
https://www.websleuths.com/forums/t...bell-charles-vallow-arrests-67.655419/page-23

2/18/23 Update: Daybell's defense & State filed motions on 2/14/23. State’s 11th Supplemental Discovery Disclosure; Judge’s Order Modifying Court Order; Prior’s 2nd Renewed Motion to Sever-denied; State’s Motion to Seal (to seal its amended motion for introduction of evidence); Judge’s Order to Seal Objection to Motion; Judge’s Order to Seal State’s Motion-granted; State’s Response to Defendant’s 2nd Motion to Compel; State’s 12th Supplemental Discovery Disclosure; State’s Objection & Brief in Support of State's Objection to Defendant's Motion to Dismiss & Order (Any Court reporter officially assigned to this case is authorized to access the Grand Jury transcripts). Next pretrial motions hearing on 2/23/23.
2/23/23 Update: Daybell's attorney will argue their cases should be severed & each defendant should have their own trial. Prior tell Judge Boyce they are not prepared for trial on 4/3/23. Prior argued motion about lacking access to evidence in timely manner (which ultimately relates to the issues of date of trial & of severing cases) with state's response following. "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 said he received evidence on Monday - Presidents' Day. He had to meet the Fed Ex delivery driver at his office & 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 & Lori). Prior: "This delay is not on me in any way. This delay cannot 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 & reconsider the severance motion because I cannot be ready." 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. Judge Boyce said he will issue written orders on Chad's motions to compel more/better discovery, which flows into a motion to delay trial to examine the evidence completely, which then flows into a motion for the trials to be severed (based on the fact of Chad legally pushing for his trial to be later, whereas Lori is legally forcing her trial to be sooner & with no more delay). District Judge Steven Boyce will issue a written decision on whether Daybell & Vallow’s trial will be severed & the couple’s mental health will not be used as they try to convince a jury of their innocence. The next hearing scheduled in the case is on 3/9/23 in Fremont County. Boyce mentioned the Ada County Courthouse is ready for the trial to begin in five weeks. A status conference has suddenly been scheduled for Monday, 2/27/23 @ 2:30pm in the Vallow/Daybell case. During yesterday's hearing, prosecutors said they were expecting DNA evidence back that very day.

ALSO:
*Status Conference Hearing (@ 2:30pm 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) – for *Lori Norene Vallow aka Lori Norene Daybell (46/now 49) arrested (in Kauai, Hawaii on 2/20/20) & indicted & charged (5/25/21) & re-arraigned (4/19/22) 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): Conspiracy to commit 1st degree murder. Count 6 (for Tammy): Chad only: 1st Degree murder. Count 7: Lori only: Grand theft (related to social security survivor benefits allocated for the care of minors Tylee & JJ). Plead not guilty. DA will seek DP.
Conspiracy to commit destruction, alteration or concealment of evidence charges dismissed without prejudice on 7/29/21.
Resisting or obstructing LE, solicitation of a crime & contempt of court. All charges were dismissed on 1/3/22.
Trial set to begin on 4/3/23 thru 6/9/23 @ 9am. Trial will be held in Ada County.

Arrest & Grand Jury & Competency & Court info from 3/5/20 thru 2/14/23 reference post #447 here:
https://www.websleuths.com/forums/t...bell-charles-vallow-arrests-67.655419/page-23

2/14/23: State's Motion to Seal (to seal its amended motion for introduction of evidence). 2/16/23: State's 12th Supplemental Discovery Disclosure. Motions hearing on 2/16/23 @ 9:30am.
2/16/23 Update: No info on motions hearing. Next pretrial motions hearing on 2/23/23 @ 9am. 2/23/23 Update: Jim Archibald, Vallow's attorney says they are read to proceed. Their witness & exhibit list will be fine-tuned & will be filed with the court 14 days before trial. State argued against mental health being used as a defense in Vallow's case. Archibald objects to the motion. Their mental health experts still have questions about her competency. Archibald says they have no plans to make mental health an issue during the guilt phase of the trial & 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 Vallow's case. District Judge Steven Boyce will issue a written decision on whether Daybell & Vallow’s trial will be severed & the couple’s mental health will not be used as they try to convince a jury of their innocence. The next hearing scheduled in the case is on 3/9/23 in Fremont County. Boyce mentioned the Ada County Courthouse is ready for the trial to begin in five weeks. A status conference has suddenly been scheduled for Monday, 2/27/23 @ 2:30pm in the Vallow/Daybell case. During yesterday's hearing, prosecutors said they were expecting DNA evidence back that very day.
*AZ – Indicted (6/24/21) & served (6/29/21) with conspiracy to commit 1st degree murder in the death of former husband Charles Vallow (62).
Reference post #334: https://www.websleuths.com/forums/t...bell-charles-vallow-arrests-67.655419/page-17
 
Judge to issue ruling on whether to separate Chad and Lori Daybell cases.

ST. ANTHONY — A judge will issue a written decision on whether Chad and Lori Daybell’s trial will be severed, and the couple’s mental health will not be used as they try to convince a jury of their innocence.

These issues were discussed during a pretrial hearing Thursday at the Fremont County Courthouse. Dressed in a blue blouse and black dress pants, Lori took notes and chatted with her defense attorneys, Jim Archibald and John Thomas, throughout the morning. Chad wore dress pants with a white shirt and blue tie.

The couple is charged with multiple counts of first-degree murder and conspiracy to commit murder for the deaths of 7-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan – two of Lori’s children – along with Chad’s previous wife, Tammy Daybell.

It surely takes him a long time to compose rulings.
 
It surely takes him a long time to compose rulings.
Personally I think Boyce has been working at a reasonable pace. You don't want anything quick and off the cuff, but rather a response that is well-reasoned and legally sound to the nth degree.

This case is incredibly complex (layered with multiple defendants being tried together, multiple victims, issues of crazy and incompetency, delays that risk legal dismissal, issues with evidence, DNA testing complexities, religious freedoms and wild beliefs, and more). On each and every motion, he has to take time to be careful and precise and get it right the first time, and can't miss addressing anything - and in the proper manner - because if he does, he opens the door to these killers walking free.

During the trial, rulings will have to be much quicker. But for now, when he has some extra time, you want him to take it to be sure and get it perfect. IMO
 
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