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

[Ruminations]

Remember a few days ago when people were blasting Prior for his complaints about the state withholding evidence and the lack of disclosure? From how this is unfolding, it's beginning to look like it was justified.

The state may have put themselves in a box. Not sure how they can go to trial in Apr WITHOUT having evidence available (that might prove beneficial to defense). Now Lori's demands for a speedy trial become very problematic, since this seems to be a looming delay of significant length that has been entirely caused by the state's lack of due diligence.

I'm still blasting Prior- and it's not too late for Lori to waive her right to a speedy trial.

MOO

 

[pizzaman12]

Anyone taking bets? I'm going with the case being severed

 

[indicolite22]

Anyone taking bets? I'm going with the case being severed

If that happens, will this new DNA evidence be excluded in Lori's trial? I hope there's enough other evidence to convict.

 

[pizzaman12]

If that happens, will this new DNA evidence be excluded in Lori's trial?

Great question but at some point you have to go to trial, especially with someone not willing to waive their speedy trial.

ETA- Which way are you leaning JB goes? You've obviously been on this case forever

 

[SteveS]

If that happens, will this new DNA evidence be excluded in Lori's trial? I hope there's enough other evidence to convict.

It will have to be, since it apparently can't be fully examined and vetted by the defense by her trial date.

But in so doing, it also is a sword hanging over the head of any conviction, on appeal, if it turns out to hint at an alternate killer (because of the fact they withheld it all this time).

Frankly, this is inexcusable behavior for the DA's office, and it may come back to bite them (and the cause of justice) big-time. Not only is this an issue, but the likely consequence of having to sever the trials has huge negative ramifications for their case against both defendants.

 

[indicolite22]

Great question but at some point you have to go to trial, especially with someone not willing to waive their speedy trial.

ETA- Which way are you leaning JB goes? You've obviously been on this case forever

IMO the judge might finally have to sever the cases.

 

[pizzaman12]

Kaitlyn Hart - Reporter

@NewswithKait


Boyce - "Circumstances can arise, and the court has to consider whether or not, going forward with a joint trial, in this case, can impair the due process rights of the defendants.”

 

[pizzaman12]

Kaitlyn Hart - Reporter

@NewswithKait


Judge Boyce will sever the Vallow/Daybell trial.

 

[indicolite22]

Kaitlyn Hart - Reporter
@NewswithKait


Judge Boyce will sever the Vallow/Daybell trial.

There was no other choice. (IMO)

 

[pizzaman12]

There was no other choice. (IMO)

Agreed, but over time they've now violated LV speedy trial right while ultimately giving JP/CD have wanted the entire time. While I hope JP's exception to try LV later stands up, I have little doubt that it will be looked at closely

 

[indicolite22]

Without the last minute evidence we would still have a joint trial.

 

[indicolite22]

Agreed, but over time they've now violated LV speedy trial right while ultimately giving JP/CD have wanted the entire time. While I hope JP's exception to try LV later stands up, I have little doubt that it will be looked at closely

Lori's trial will likely still go ahead in April. The date has been vacated for Chad.

 

[SteveS]

Agreed, but over time they've now violated LV speedy trial right while ultimately giving JP/CD have wanted the entire time. While I hope JP's exception to try LV later stands up, I have little doubt that it will be looked at closely

They actually have NOT violated LVD's speedy trial rights.

Such rights are relative, not absolute, with consideration for what occurs. The issue has been ruled on and there wasn't anything unreasonable in the ruling imo, saying that the chosen Apr 3 trial date is consistent with speedy trial rights IN LIGHT OF the circumstances of the case(s) and defendant(s), particularly her repeated delays because of her lack of competency.

And Apr 3 trial for her is unchanged, to accommodate those rights.

 

[Niner]

Is the hearing still going on? I thought Judge Boyce was going to rule on other motions?

TIA!

 

[SteveS]

Is the hearing still going on? I thought Judge Boyce was going to rule on other motions?

TIA!

It is adjourned. It's possible what we have heard was all that was ruled on, but what we know does cover MULTIPLE issues that had been in question. (Discovery, time to trial, severing cases, etc)

Judge severs Chad and Lori Daybell case; two trials will be held - East Idaho News

READ THE FULL REPORT HERE. ST. ANTHONY — District Judge Steven Boyce has severed the case of Chad and Lori Daybell. 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...

www.eastidahonews.com

 

[Tortoise]

Oh what a mess.

 

[Niner]

It is adjourned. It's possible what we have heard was all that was ruled on, but what we know does cover MULTIPLE issues that had been in question. (Discovery, time to trial, severing cases, etc)

Judge severs Chad and Lori Daybell case; two trials will be held - East Idaho News

READ THE FULL REPORT HERE. ST. ANTHONY — District Judge Steven Boyce has severed the case of Chad and Lori Daybell. 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...

www.eastidahonews.com

Thanks!
Now - is there still a pretrial conference (for both) on 3/9/23?

 

[SteveS]

Thanks!
Now - is there still a pretrial conference (for both) on 3/9/23?

I have seen nothing announced one way or the other. IMO best guess is that her schedule moves forward unchanged, while his is moved off the table for the time being. (IOW there's no need for Chad pre-trial conference, dealing with trial issues, when his trial date isn't even decided and won't be until the fall or later. His next issue will be the awaited DNA results, and there's not really any need for that to be shared with him in a court setting.)

 

[Niner]

I have seen nothing announced one way or the other. IMO best guess is that her schedule moves forward unchanged, while his is moved off the table for the time being. (IOW there's no need for Chad pre-trial conference, dealing with trial issues, when his trial date isn't even decided and won't be until the fall or later. His next issue will be the awaited DNA results, and there's not really any need for that to be shared with him in a court setting.)

And again - thanks for your reply. I shall put Lori on 3/9 then.

Maybe @montegrl can see what the court site says?

 

[pizzaman12]

They actually have NOT violated LVD's speedy trial rights.

Such rights are relative, not absolute, with consideration for what occurs. The issue has been ruled on and there wasn't anything unreasonable in the ruling imo, saying that the chosen Apr 3 trial date is consistent with speedy trial rights IN LIGHT OF the circumstances of the case(s) and defendant(s), particularly her repeated delays because of her lack of competency.

And Apr 3 trial for her is unchanged, to accommodate those rights.

Let me rephrase. “Potential” violation.

I’ve read the ruling and just because that is the determination he made, doesn’t make it absolute. Cases are turned over on appeals all the time. Will it stick? I don’t know

I’m not a lawyer, judge, appellate court, etc…but there are plenty in the legal community that share that same concern.