That's another interesting question. I just went back and read a quote from news coverage about this part of the hearing.
2021 trial date set for Lori Vallow
Rob Wood said:
"There are conversations between the defense and the state in regards to venue (and) possible consolidation of cases. And so, in and of itself, no we don’t need a lot of time to prepare, but I think what Mr. Means has said is accurate in terms of the conversations we’re going to be having, in terms of when we actually try this, and I think it’s consolidated with other charges."
I assumed that Wood was referring to consolidating the 2 cases for LVD. If he *only* did that, then I think he'd end up trying LVD in Madison County and still trying CD in Fremont County. That would lack some symmetry, wouldn't it?
To me (a layman) it would not make sense to be trying co-conspirators separately, in 2 different counties and with 2 different judges, for essentially the same set of felonies. So whatever Rob Wood and Mark Means are talking about, it seems like it might also involve some kind of joinder of defendants. Maybe all 3 cases become 1 big case?
Here's I.C.R. 8:
Idaho Criminal Rule 8. Joinder of Offenses and of Defendants
(a) Joinder of Offenses. Two or more offenses may be charged on the same complaint, indictment or information if the offenses charged, whether felonies or misdemeanors or both, are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. The complaint, indictment or information must state a separate count for each offense.
(b) Joinder of Defendants. Two or more defendants may be charged on the same complaint, indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. The defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
Here's what the ABA says about joinder of defendants:
Joinder and Severance
Standard 13-2.2. Joinder of defendants
(a) Two or more defendants may be joined in one accusatory instrument:
(i) charging one offense, or charging two or more unrelated offenses (with each offense stated in a separate count) when each of the defendants is charged with accountability for each offense included; or
(ii) charging two or more offenses (with each offense stated in a separate count) when the offenses are alleged to be related.
(b) Two or more defendants may be joined for trial upon the application of the prosecuting attorney or the defense whenever the defendants could have been joined in an accusatory instrument pursuant to paragraph (a).
I have no clue at all what advantages or disadvantages such a joinder would carry for the prosecution or the defense in this case (other than perhaps simplicity's sake for the prosecution).
IANAL. JMO.