Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #55

[pizzaman12]

MM is paying Davidson $275/hr. to analyze and create a 24 page report with a transcript that is different than the one submitted as evidence. Unreal


On a side note, Judge Boyce does not look happy while Newton is talking. Is it just me?

 

[MTW2011]

I do think this is an important detail, regardless if there was misconduct or not, that this all happened (apparently) right before she then spoke to police. An already emotional and torn between two sides Summer just heard that her sister may get the death penalty.
I just don’t see how what she heard from Wood, about the death penalty her sister may get, how she was manipulated by Chad, how she thinks whatever she did was righteous/justified....I just don’t see how that could not have affected/influenced her. Whether that crossed a line is different but, like the most recent Defense witness said, the Prosecutor almost always avoid these potential issues and they not only went close to that line but they went borderline right atop of it.

 

[nyvictoria]

Thank you to everyone who posted updates from the hearing. I was unable to watch so your posts are greatly appreciated.

 

[MTW2011]

Thank you to everyone who posted updates from the hearing. I was unable to watch so your posts are greatly appreciated.

And it’s not over yet! I think Means was the one who joked earlier that they’ll be here the rest of the week....will they? We shall see lol

 

[MTW2011]

Court has heard all the arguments and wants to give time to counsel to prepare final arguments, and would like to conclude the hearing this Friday at 3pm

 

[pizzaman12]

And it’s not over yet! I think Means was the one who joked earlier that they’ll be here the rest of the week....will they? We shall see lol

Evans stated I think in the first segment that they're there all week

Interesting though. I felt like it was JP 80% of the time, Evans 15% and MM 5%

Was bizarre to watch in my opinion. It's as though the state really didn't care too much about the situation.

 

[BeachSky]

The more I listen, the more I'm thinking the old adage... there is no win or lose with attys, as they always make money off the case.

I'm listening to this and thinking bad for defenses.. yet good for attys for Lori and Chad.....and just ca-ching .. ca-ching.... ca-ching $$$$ for all this wasted fiasco. (reminds me of something else today)

This display is even more detrimental and influential to potential witnesses than existed before.

Prior keeps saying "taint witnesses"... jeez... this perhaps does more than anything before.

MOO

My lawyer friend says Prosecutors do all the work to the very, very end.
God be with them. Seriously.

MOO

 

[Leader6518]

:waiting:

Neither Chad nor Lori are there, they both waived their right to attend

We are live at LIVE: Hearing regarding Daybell prosecutor happening Wednesday morning - East Idaho News

ETA's

They are about to play the recording (recording and transcript were entered... Atty Garrett Smith will be allowed is placed under oath to talk about circumstances and to listen to recording to verify it's accuracy)

He doesn't remember if he told folks that it would be recorded.
He recorded Summer with attys and LE (same recording as all was one continuous recording
He did not modify or edit recording
Prior to giving to Mr. Means, he contacted state bar and sought counsel on a couple of things 1)what he needed to do to disclose it 2)Re legality/ethics of recording another atty
He gave to Mr. Means. He was concerned due to ethics and opinions 1977 ethics opinion that said "we aren't going to record each other"... there were 3 other opinions so therefore there were exceptions. One exception is to protect a client from exposure to perjury.
He was concerned during conversation, that he was bothered by it (Prior said were you worried about coersion.. he corrected to say bothered)
............. can't keep up, sorry

That whole hearing was a contrived dog and pony show. All three of the lawyers should be sanctioned for conspiracy to commit fraud on the court. IMO

 

[Leader6518]

MM is paying Davidson $275/hr. to analyze and create a 24 page report with a transcript that is different than the one submitted as evidence. Unreal


On a side note, Judge Boyce does not look happy while Newton is talking. Is it just me?

Not just you. I think that guy was paid by the word. And I would add that he talked in circles.

 

[indicolite22]

Doomsday Couple Defense Tries to get Prosecutor Disqualified | COURT TV

Two out of three legal experts say in the video that Wood needs to make Lori turn on Chad for a successful prosecution. The other expert has serious concerns about Wood's conduct in the interview.

 

[indicolite22]

Scott Reisch's Analysis Of Vallow And Daybell Hearing

Scott (a criminal defense attorney) doesn't see anything in the interview that could rise to the level of disqualification of the prosecutor, let alone criminal conduct on his part. He doesn't think the judge with create a precedent in this case. I hope he's right.

 

[indicolite22]

Entire Jan 6 hearing:

 

[Forever Young]

I watched the whole proceeding yesterday. I found it all very interesting. I'm huge into ethics, but found nothing unethical about Rob Woods. He was truthful and forthright.

Did he influence Summer? I think yes, but I'm influenced by the law everyday. We should be influenced by the law, personal responsibility, and morality. If it were me and my sister, you can be sure that everything said by Wood would have gone directly back to my sister, which I'm sure he knew and wanted it to go directly back to her.

As far as it being ethical, I've always thought that law enforcement does hold itself to a different set of rules than they expect citizens to, but I do understand that when you're dealing with liars, maybe you have to get on their level somewhat.

I've always found it a problematic, and I've said it before, about the LDS church's power in being the law, judge, and jury. But - that's the way it is.

I've wondered if what this is really all about is the change of venue thing.

 

[MTW2011]

I liked Scott Reisch’s analysis, but I think he didn’t really address one half of the situation that in my opinion is still very much in play...if Summer, then worried about her sister possibly getting the death penalty or just worried that more charges are coming, then talks to her sister in jail and Lori then says something that can and will be used against her in court, then I think one could say what Wood said affected Summer in some way. That may not be disqualifying or unethical but if any of the information shared with Summer was then told to Lori over the phone I think Defense could argue to connect those dots- especially if the information was not information Summer could have found out elsewhere.

I tend to agree with some of the CourtTV panel, and even if this wasn’t disqualifying conduct, I think Wood made a error in judgement & was very foolish in doing this. It clearly revealed their theory of the case to Summer, he inserted talk about religion and “righteousness” to someone he likely knew is very religious and planted this idea about actions being tied strongly to this principle of righteousness.
The State tried to argue that this stuff is so unheard of, a prosecutor being removed from a case over an interview, but I do not think that shows the entire picture. I think one big reason that they were careful to leave out was that most prosecutors would avoid anything like this, interviewing a witness right before they talk to police, because even the appearance of impropriety and misconduct- no good prosecutor would want that getting anywhere near this case.
Like the Defense expert, the one the State didn’t want to qualify as an expert, testified that he teaches his law students to avoid any interactions like this because it is a way of avoiding a myriad of potential problems, and gives the Defense room to then argue for things that would not ever be there if the State stayed away and didn’t do something like this. For Wood to say Means is inexperienced and not competent enough for a case like this, which is likely true, I think he too put himself in this position that could have been avoided entirely, it was foolish to do what he did, even if he stays on the case as he likely will. The State could’ve avoided all of this, all these delays, all these extra hearings, etc if they kept this meeting as truly introductory meet and greet and had saved the other details for the interview with investigators present.

Finally, one detail I found interesting from the Defense was that if an attorney made any of the comments like Wood did, disparaging comments about another attorney on the case, in front of a jury that they would be removed from the case. That doing so is clear misconduct & would have actual consequences. Of course this situation has the distinction that this is before a jury trial and not in front of any jury, but I think it’s interesting to consider that the Bar has drawn that as a line that if crossed it is misconduct.
all is JMHO

 

[wenwe4]

Forensic interviewing is a highly trained/specialized requirement for interviewing children who have experienced traumatic events in an effort to not persuade the child by an adult interviewer. To require this type of training of every single prosecutor in the country is a much higher standard than is currently in effect in my opinion. Forensic interviewers are rare within communities (ie: 1 per county) and FBI have some. There may be 1-2 in any given police department but it is not something everyone pursues as it is highly regulated through State Licensures and level of education and training. Summer was not a direct witness nor a direct victim of these horrific deaths of the children (to my knowledge) but is considered a witness and a victim in the case nevertheless. Cops on the street would not use strict "forensic interviewing" techniques to ask people in a crowd about what they witnessed. Forensic interviews are reserved for specific special situations that require this level of knowledge. Rob Wood was not "interviewing" her, he was being honest with her and what he had to say to her would not change any of the evidence in this case. His words could possibly have an effect on Summer but she was represented by counsel who could have intervened if he felt it was "undue influence". The hypotheticals thrown out by the witnesses in this hearing are pretty far fetched and could be entirely negated by just not calling Summer to the stand in the trial. JMO

 

[MTW2011]

Forensic interviewing is a highly trained/specialized requirement for interviewing children who have experienced traumatic events in an effort to not persuade the child by an adult interviewer. To require this type of training of every single prosecutor in the country is a much higher standard than is currently in effect in my opinion. Forensic interviewers are rare within communities (ie: 1 per county) and FBI have some. There may be 1-2 in any given police department but it is not something everyone pursues as it is highly regulated through State Licensures and level of education and training. Summer was not a direct witness nor a direct victim of these horrific deaths of the children (to my knowledge) but is considered a witness and a victim in the case nevertheless. Cops on the street would not use strict "forensic interviewing" techniques to ask people in a crowd about what they witnessed. Forensic interviews are reserved for specific special situations that require this level of knowledge. Rob Wood was not "interviewing" her, he was being honest with her and what he had to say to her would not change any of the evidence in this case. His words could possibly have an effect on Summer but she was represented by counsel who could have intervened if he felt it was "undue influence". The hypotheticals thrown out by the witnesses in this hearing are pretty far fetched and could be entirely negated by just not calling Summer to the stand in the trial. JMO

I can see what you’re saying ....but what about the entire part of if Summer than talks to her sister, in jail on a recorded call, and then Lori’s says something information used against her? it may be a hypothetical but I don’t think something like this is far fetched at all
Summer tells Lori something to the effect of “the prosecutor told us more charges are coming, possibly the death penalty” and then Lori says something that can then be used against her, something that very likely would have not come out freely since before this meeting Summer didn’t know about more charges and definitely didn’t know about the death penalty because she asked about that.
Is there anything to be said about that? We can forget her not being a crucial witness or not being called for the trial, as those points are valid in my opinion, but I don’t think that takes away from the effect on the State’s case, a positive effect for them, that may not have resulted if they never spoke or if Wood didn’t say some of the things he did. Sorry to disagree somewhat.

 

[indicolite22]

IMO Wood didn't influence SS's testimony with the interview. He didn't try to change her recollection of the events/facts of the case that she would be asked about by the investigators. What he did appear to try to achieve was get his message through to Lori and influence her decisions. As some have observed, he might be really needing Lori's cooperation because without it the murder case is much weaker. I believe that he had a goal in the interview and was aware that he was walking a thin line, thinking he kept on the right side of it. Since the conversation was conducted in a friendly tone with no objections from SS's attorney, Wood was probably really surprised by the backlash. Talking about MM was also likely a part of the same strategy, although not smart, since MM was easily triggered by it.

 

[indicolite22]

I can see what you’re saying ....but what about the entire part of if Summer than talks to her sister, in jail on a recorded call, and then Lori’s says something information used against her? it may be a hypothetical but I don’t think something like this is far fetched at all
Summer tells Lori something to the effect of “the prosecutor told us more charges are coming, possibly the death penalty” and then Lori says something that can then be used against her, something that very likely would have not come out freely since before this meeting Summer didn’t know about more charges and definitely didn’t know about the death penalty because she asked about that.
Is there anything to be said about that? We can forget her not being a crucial witness or not being called for the trial, as those points are valid in my opinion, but I don’t think that takes away from the effect on the State’s case, a positive effect for them, that may not have resulted if they never spoke or if Wood didn’t say some of the things he did. Sorry to disagree somewhat.

Didn't Wood say in the recording that he told Chad's lawyer about the possibility of further charges but JP pretended that he didn't hear it? MM must have been told the same thing, so Lori likely already knows what's coming. SS might not have known it, but she could have also pretended not to know.

 

[nyvictoria]

It hate the thought that Vallow could have potential charges against her mitigated, in any way, for rolling over on Daybell. She was the children’s mother! Of everyone involved in this sad saga, she was the one who had a responsibility to protect those children. IMO the only charge for which she should be offered immunity or a lesser charge, in exchange for testimony against Daybell, is Tammy’s murder.

 

[indicolite22]

It hate the thought that Vallow could have potential charges against her mitigated, in any way, for rolling over on Daybell. She was the children’s mother! Of everyone involved in this sad saga, she was the one who had a responsibility to protect those children. IMO the only charge for which she should be offered immunity or a lesser charge, in exchange for testimony against Daybell, is Tammy’s murder.

I think it all depends on the amount of evidence the prosecution has. Wood says in the interview that there's more evidence against Lori in the children's case, yet he wants her to flip, because he considers Chad the mastermind. I don't know if it means that without her cooperation Chad could walk or that they both could. If they manage to prove conspiracy to murder between Lori, Chad and Alex, then they are both eligible for the same punishment. Something must be missing for Wood to be prepared to make a deal.