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

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SteveS said:
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.
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This is not evidence withheld. It was discovered late.

True, if it becomes something really significant it could be an appeal issue for Lori.

I can't imagine what it could be that makes that big a difference to Lori or Chad. Let's say- it's the hair of someone who was in Lori's apt. but not the hair of a suspect.

It could be there for an innocent reason: they took out the trash and replaced the garbage bag, getting their hair in a fresh bag used to wrap Jj.

It could be there for a nefarious reason. It turns out a neighbor helped bury JJ and did not tell the police.

But How does the hair take away from the conspiring and killing and covering it up that Chad and Lori did? The person it came from is unlikely to have sent the raccoon text. The person it came from did not rent the storage unit. The person it came from did not tell Gibb to take a photo of some random 7 year old.

I am a little worried about severing the trials because I think it plays to Chad's advantage - and he may already be at a physical evidence advantage as it stands. Now he will also be able to work from the advantage of going second.

Still, Lori is not charged in physically carrying out Tammy's murder- so Chad has that to worry about.

I have confidence there is plenty to convict each of them of at least conspiracy for at least one of the 4 or so bodies in their wakes.

MOO

Edited to add:

As I understand it, this is a hair found in JJ's body bag. JJ is only one of three victims that are the subject of these trials. Which is another reason this is less of a big bummer for the prosecution than some of my websleuth peers think. Prior is going to continue to look like a jerk claiming that a hair from another party, on the victim that has more household items buried with him and whose grave was predug, which gives more explanations for contamination, really weakens the other evidence against his client.
 
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Ruminations said:
Edited to add:

As I understand it, this is a hair found in JJ's body bag. JJ is only one of three victims that are the subject of these trials. Which is another reason this is less of a big bummer for the prosecution than some of my websleuth peers think. Prior is going to continue to look like a jerk claiming that a hair from another party, on the victim that has more household items buried with him and whose grave was predug, which gives more explanations for contamination, really weakens the other evidence against his client.
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I'm not sure your answer (about the strength or weakness of this particular piece of DNA evidence re Chad) addresses our concerns about what is a bummer.

Our reaction (or mine, anyhow) isn't about the nature of the DNA evidence. We have no idea what it will say. It's still going to be the same evidence, good or bad. It will be eventually used the same way in Chad's trial as if it was turned over 2 years ago.

Instead it's about the big picture outcome - and Prior has already won on that front - in his desire to get the trials severed. Prior asked for a delay in the trial for Chad, because prosecutors were hitting him with inexcusably-late evidence to maybe be used (or examined). The judge said you're right, and you can have the delay you asked for, and you won't be in the same trial linked with the crazy lady oops I mean Lori.

But that doesn't change any of the evidence at all. The evidence still is what it is. It just changes the date of trial, and removes Chad's verdict from being so closely linked to Lori's (which I do think may help the individual defendants, by giving each of them a plausible scapegoat to blame, but who knows.)
 
Is there anyone in Idaho, including Boise that has not heard about this trial?! People can state that they have no bias, and have not made a decision about this case...but you would seriously have to live isolated, in a cave to not know about this case.

I don't think that severing the cases is an automatic win for CD. He still has the problem of Tammie's death to deal with.
 
SteveS said:
I'm not sure your answer (about the strength or weakness of this particular piece of DNA evidence re Chad) addresses our concerns about what is a bummer.

Our reaction (or mine, anyhow) isn't about the nature of the DNA evidence. We have no idea what it will say. It's still going to be the same evidence, good or bad. It will be eventually used the same way in Chad's trial as if it was turned over 2 years ago.

Instead it's about the big picture outcome - and Prior has already won on that front - in his desire to get the trials severed. Prior asked for a delay in the trial for Chad, because prosecutors were hitting him with inexcusably-late evidence to maybe be used (or examined). The judge said you're right, and you can have the delay you asked for, and you won't be in the same trial linked with the crazy lady oops I mean Lori.

But that doesn't change any of the evidence at all. The evidence still is what it is. It just changes the date of trial, and removes Chad's verdict from being so closely linked to Lori's (which I do think may help the individual defendants, by giving each of them a plausible scapegoat to blame, but who knows.)
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I expect it to be rather inconsequential TBH, but of course I could be wrong. I really can't imagine anything this hair can be that shifts the blame away from the defendants. I don't know what the evidence shows, but I predict it will show little that shifts the case.

Prior is getting too much credit for this; he was the one saying bring in the charges and let's go to trial. He just wants whatever gets the cases severed. He is not a mom, which is a harshly punished kind of murderer, and he may not have gotten his hands in the physical killing- although I'm inclined to think (without evidence) that he was more of a physical participant in Tylee's desecration if not her murder.

Wood basically told Summer that the evidence is stronger against Lori than Chad.

Chad seems more ready to turn against Lori than vice- versa.

Chad had the most to gain separating the cases, and Prior was willing to rush to trial or delay trial to achieve that.

What will be even more fascinating is if Lori changes her mind on speedy trial. She gives up that long shot appeal reason, but gains more ability to counter Chad's claims. She would have to be able to anticipate that Chad will blame her for the murders, though. I'm not sure her of ability to realistically predict Chad's behavior.

MOO
 
Wow. The audio of today posted by EastIdahoNews really makes me worry about the prosecution. They just handed over some interviews taken in 2020 this week?! What in the world?!?

Do they think this is OK or are they all really just so inexperienced with this? Their argument of there is just so so much evidence and majority was turned over already doesn’t do much to quell the concerns that they’ve withheld things for so long now. Even the Judge is questioning their arguments there. Wow. Just wow.

Link to audio
 
Ruminations said:
1 Prior is getting too much credit for this; he was the one saying bring in the charges and let's go to trial. 2 He just wants whatever gets the cases severed.
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I guess I don't really understand what you mean by item 1.

From what I saw in this prior hearing, and going back for months (at least as far as December), Prior has been trying to get Chad's trial delayed. And, as a result, severed. The state wanted to do neither. And he was successful on both. Chad's trial is now delayed for quite a long time, at least to the fall and perhaps even longer.

OTOH attorney Archibald (Lori's) was the one trying to go to trial quickly and rush things. And that trial is still on the fastest track possible.

(OBSERVATION - Does this open the door for CD to turn state's witness against Lori if he can get a considerably reduced sentence, since her trial will be held first? Cooperating witnesses get their trials done last, as their sentence reduction is based on their cooperativeness and telling the truth on the stand. And doing it this way, he could be on the witness list, looking like a formality of someone being asked to testify but expected to be refusing, and she would never see it coming.)
 
SteveS said:
I guess I don't really understand what you mean by item 1.

From what I saw in this prior hearing, and going back for months (at least as far as December), Prior has been trying to get Chad's trial delayed. And, as a result, severed. The state wanted to do neither. And he was successful on both. Chad's trial is now delayed for quite a long time, at least to the fall and perhaps even longer.
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Not my entry you're responding to but to note.

SBM- JP tactic of delaying came much later and when her competency issues were changing and how it helped him (which he should. He's pushing the right buttons). Now, he's always wanted a severed case but he's always wanted to move forward faster and not delay. I'll look for a new version of the December 2nd 2021 hearing since the former has been removed.

Prosecutors said they needed till Sept. 2023 (Almost 2 more years- this was in 2021) to prepare and 8 weeks for trial and 2 for jury selection. 10 weeks total.

JP needed only 6 weeks which included jury selection. He had all his expert witnesses lined up, what he needed to do and would be disclosing all witnesses. He would be would be ready to go to trial in October or 2022

Start at the 6:30 mark to hear RW absurd timeframe
Start at the 7:20 mark for JP saying he'd be ready in Oct. 2022 (funny/concerning to hear about discovery issues in December 2021. Not much has changed)

 
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pizzaman12 said:
SBM- JP tactic of delaying came much later and when her competency issues were changing and how it helped him (which he should. He's pushing the right buttons). He always wanted to move forward faster. I'll look for a new version of the December 2nd 2021 hearing since the former has been removed.

Prosecutors said they needed till Sept. 2023 (this was in 2021) to prepare and 8 weeks for trial and 2 for jury selection. 10 weeks total.

JP needed only 6 weeks which included jury selection.
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"[Prior] always wanted to move forward faster."

I don't think that's true at all. Chad was first charged with the 3 murders (indicted) May 24, 2021. By early June Lori was deemed incompetent. In early August the state decided to seek the DP, and Chad/Prior signed a waiver to speedy trial in Aug 2021. That was in the context of an anticipated delay for a trial into 2022. I haven't found anything different. It looks to me CD has consistently been amenable to whatever takes longer, as most sane defendants do when facing the DP.

 
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