Apparently, ID code requires this…
Section 19-519 – Idaho State Legislature
However, since the state is not specifically alleging that LVD committed the murders of JJ & Tylee but asking to convict based on conspiracy and complacency (aiding & abetting & such) then I’m not sure that an alibi during the times of the murders does anything to help the defense. The state is relying more on if she helped plan it, or prepare for it, or encourage it, then my understanding of ID law is that she is just as guilty as the one(s) who committed the murders.
I have read every post on WS of that those who think LVD’s involvement has been proven and those who think there is still reasonable doubt. I have gained insight from all of you.
For me, the notice of alibi helps prove the murder charge Now that I understand they don’t have to prove she killed the kids herself. Specifically for JJ. Here’s why…see the notice of alibi linked below. This is going to take a minute so I apologize for that.
LVD admits that JJ was killed between the time MG & DW see AC take him to her room on Sunday night and the time AC is at the Daybell property on Mon morning. We know this because the alibi statement says she was in her apartment with MG & DW when he was killed in AC’s apt. I’m not really sure that AC killed JJ or that it was in his apartment but let’s go with that for now.
She also seems to be saying she was with CD when Tylee was killed also in AC’s apartment. We know she is aware of this by the time MG arrives at the house the Thursday before JJ was killed because she is already making excuses for Tylee’s absence to the babysitter on Thursday and later to MG so they aren’t suspicious about not seeing her at the house. (Remember she said Tylee was a student at BYUI and living in student housing or something.) So prior to JJ’s death, she was aware of what happened to Tylee - or at least what she is saying happened to Tylee.
We know that DW asked about JJ about 8am on Mon morning and LVD said AC came and got him. So she is saying that she asked AC to come and get JJ in the middle of the night even though she knows AC killed Tylee about 2 weeks earlier. IF JJ was still alive when AC came to get him & I’m not saying he was - but if he was, then she knew exactly what was going to happen to him and gave AC the opportunity to do it even if she didn’t have motive or wasn’t involved with the means.
That she knew JJ was dead is evidenced later that morning when she begins telling MG that he is too much to handle and that she is going to send him to Kay so she is making an excuse for his future absence from her home just as she did with Tylee.
I do believe she had motive - financial and a desire to be with CD unencumbered by taking care of JJ and Tylee. And I believe she was much more involved in the planning if not carrying out of these murders. But all I would need as a juror to be convinced beyond a reasonable doubt that she is guilty as charged in the murder of JJ is that she acknowledges AC killed Tylee and asked him to come get JJ.
Nothing else is required for my guilty vote on this one - none of the despicable things she did after the kids were dead - none of the changing of Tylee’s SS deposit which I agree could have valid reasons for anyone to do at any point that a minor child is receiving benefits - in fact I found it odd that Tylee would have access to it in the first place - maybe a portion of it like an allowance - but even if it wasn’t needed for living expenses because CV took care of all that - I would have thought they would have put it in a college fund or something rather than giving a young person access to the entire amount each month - but that’s off topic here - sorry… None of the freaky castings or trying to determine whether LVD & CD meant they would kill these dark bodies that had been possessed by evil spirits or whether they were just praying for them to die. None of it is even needed for me to be convinced beyond reasonable doubt that LVD is guilty of the murder of JJ.
I have similar convictions about Tylee but won’t go into them here as this is already quite lengthy.
I will say that I am not yet convinced beyond reasonable doubt on the conspiracy charge regarding TD.
Sorry this got so long…hope you all will take the time to read it and let me know if you agree that the alibi statement helps the prosecution more than the defense. I really cannot think of a logical reason for them to offer an alibi for the murders when the state was not charging she actually committed the murders herself and think this was a huge mistake by the defense since they knew prior to offer the alibi statement that the state was not charging she committed them herself. It may have had something to do with the fact that at the time they submitted it, LVD & CD we’re going to be tried together but still doesn’t make sense to me.
https://coi.isc.idaho.gov/docs/case/CR22211624/010523 Notice of Alibi.pdf