So, some interesting documents which may help to answer your questions - (this is not an exhaustive list and I have only highlighted some of the information in the documents to illustrate a thread of some of the issues)
Jan 26th 2023 - Defense filed a motion to dismiss the case because her speedy trial rights had been violated. In this document they state at paragraph 8:
"
Lori Vallow Daybell's defense team questioned her competence to stand trial and the Court tolled the case from October 6th 2022 to November 15th 2022. A 40-day delay caused by the competency review..."
https://coi.isc.idaho.gov/docs/case/CR22211624/012623 Motion to Dismiss for Lack of Speedy Trial.pdf
Mar 5th 2023 - Defense Motion in Limine to exclude all evidence disclosed by the State on Feb 27th, including
State's mental health expert Dr Michael Welner's report.
https://coi.isc.idaho.gov/docs/case/CR22211624/030523 Motion in Limine to Exclude Late-Disclosed Evidence.pdf
Mar 5th 2023 - Defense motion to
dismiss the death penalty. One of the reasons cited was the State had admitted that there were statements of a co-defendant (my note - Chad's jail recordings) yet to be provided to the defense. They also said
the Government wanting to kill a mentally ill person is a troubling thought and even if she's just evil
"we don't kill witches any more in America".
https://coi.isc.idaho.gov/docs/case/CR22211624/030523 Motion to Dismiss Death Penalty.pdf
Mar 6th 2023 - (according to the defense motion Mar 7th) the State provided the defense two audio files containing an hour of audio recordings of Chad's jail conversations (calls) with witnesses in the case. This was past the February deadline for disclosure.
Mar 7th 2023 - Defense filed a motion to compel the Government to disclose other statements of a co-defendent (Chad) and
estimated that there could be 100-hours of audio based on the length of time he has been in jail, and asked the Court to
dismiss the case based on these discovery violations.
https://coi.isc.idaho.gov/docs/case/CR22211624/030723 Motion to Compel.pdf
Mar 13th 2023 - State's response to defendant's motion to compel - stating that Chad's jail recordings had not been provided due to an oversight within the office but that the defense had always been put on notice of their potential existence and it is an ongoing obligation to disclose (my note - his calls won't cease just because there was a February discovery deadline) and will continue to be supplemented.
https://coi.isc.idaho.gov/docs/case/CR22211624/031323 States Response to Defendants Motion to Compel.pdf
Mar 13th 2023 - State's objection to the defense Motion in Limine (see Mar 5th) because they understood Feb 27th was the deadline, not before Feb 27th, and other sanctions are available. The document notes that the date for the filing of expert reports was not until Mar 13th.
This filing reveals that the State consulted Dr Welner during Lori's second commitment and the defense were aware of this, and the defense had alleged a conflict of interest with Dr Welner and the State had filed a motion for a determinacy of conflict, putting the defense on notice that they intended to call him as a witness if the defense raised a mental health defense. The State says defense has represented that they do not intend to rely on a mental health defense, and assuming the defense does not open the door to mental health during trial, State will only call him in the penalty phase. My words - State says the defense asserting she is mentally ill conflicts with defense not putting forward a mental health defense, and Dr Welner's report is mischaracterized and he does not use the expressions of evil the defense cited, or propose to testify on it. The word evil doesn't even appear in his declaration. Defense claim that Dr Welner did not request to examine Lori is false, but because she was declared competent the State would not be allowed to have him examine her, unless that changes. The filing goes on to explain that the defense already had most of what they are claiming is new well before February. Most of it is just notes to accompany FBI audio interviews etc already disclosed, only one of the FBI interviews was not formerly disclosed, erroneously. Lots of false info stated by the defense about witness Audrey Barratario.
Includes Dr Welner's 30-page affidavit and Curriculum Vitae, which states among other things he will testify about "the available evidence demonstrates LVD's contrived use of religion to control and direct others [...] LVD's involvement in multiple homicides reflects the influence of criminal deviance and personality, such as callus behavior and attitudes, rather than religious directive [...] LVD's involvement in multiple homicides reflects the influence of criminal deviance and personality rather than the influence of major psychiatric illness [...] The evidence demonstrates that the dynamic of Chad Daybell and Lori Vallow was one in which both manipulated each other [...]" https://coi.isc.idaho.gov/docs/case/CR22211624/031323 Objection to Motion in Limine.pdf
Mar 13th 2023 - State's objection to defendant's motion to dismiss the death penalty (see Mar 5th) - "
the defense is attempting to assert publicly the defendant suffers from some form of mental illness which has some bearing as to her culpability in the charged offenses. It is interesting the defense in the same motion claims to have concerns about pretrial publicity, in this matter creating potential issues regarding the defendant's right to a fair trial, and yet, in the same filing includes an inflammatory reference that "we don't kill witches anymore in America". The State has never - at any time - referred to the defendant in this case as a witch. In addition the State has serious concerns about the blatant misrepresentations made by the defense in this motion... the defense's complete mischaracterization of any such expert opinion is clearly an attempt by the defense to try this case through the media [...] the appropriate venue is in a courtroom." https://coi.isc.idaho.gov/docs/case/CR22211624/031323 States Objection and Response to Defendants Motion to Dismiss Death Penalty.pdf
Mar 21st 2023 - Court minutes of hearing - Court strikes the death penalty because the defense won't have time to review the discovery, Chad's jail calls, before trial.
https://coi.isc.idaho.gov/docs/case/CR22211624/032123 Court Minutes - Criminal.pdf
all documents available at
Idaho Judicial Cases of Interest