Found Deceased ID - Joshua Vallow, 7, Tylee Ryan, 16, Tammy Daybell, 49, Charles Vallow, 62, Oct 2019 *Arrests* #65

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03/17/2022 Status Conference

Judicial Officer
Boyce (District), Steven

Hearing Time
11:00 AM

Saw someone on Faceook who had communicated with JL. JL said he heard that it was in regards to the state's motion concerning the jury and that the defense has filed an objection
 
Finally I can shorten this up a bit... :)

Thursday, March 17th:
*Status Conference Hearing (@ 11am MT) – ID – Joshua Jaxon (JJ) Vallow (7) & Tylee Ashlyn Ryan (16) (JJ last seen Sept. 23, 2019 & Tylee on Sept. 9, 2019, Rexburg; found June 9, 2019 buried in Daybell’s yard in Salem, ID) & Tamara “Tammy” Michelle Douglas Daybell (49) (died on Oct. 19, 2019 at her residence in Salem, ID; dob 5/4/70). – for *Chad Guy Daybell (51/now 53) arrested (6/9/20) & indicted (5/25/21) & charged (5/26/21) & arraigned (6/9/21) with Count 1 (for Tylee): Conspiracy to commit 1st degree murder & grand theft by deception (for Daybell, Vallow & Alex Cox) & other co-conspirators. Count 2 (for Tylee): 1st degree murder. Count 3 (for JJ): Conspiracy to commit 1st degree murder & grand theft by deception. Count 4(for JJ): 1st degree murder. Count 5 (for Tammy, 49, died 10/19/19): Conspiracy to commit 1st degree murder. Count 6 (for Tammy): 1st degree murder. Count 8 & 9: Insurance Fraud (Two counts of insurance fraud related to 2 different life insurance policies he had on Tammy). Plead not guilty. No bond. DA will seek DP.
Trial set to begin on 1/9/23 with jury selection. Trial will be held in Ada County. (will last 10 weeks).
Previous charges, Grand jury indictment & Court info from 6/10/20 thru 12/8/21 reference post #789 here:
Found Deceased - ID - Joshua Vallow, 7, Tylee Ryan, 16, Tammy Daybell, 49, Charles Vallow, 62, Oct 2019 *Arrests* #64

1/7/22: Amended protective order-granted for both Daybell & Vallow. 1/14/22 Update: Motion hearing on 1/27/22 @ 9:30am re motion to extend time for 12(b)(6) filings. Motions hearing on 3/18/22 re Motion to Sever @ 9:30am & Motion to allow additional evidence re: jury @ 11am.
1/27/22 Update: Via Zoom; Judge Boyce, Prosecutor Ron Wood & defense attorney John Prior. Defendant declined to appear. Discussed 2nd motion to extend time; arguments presented by both sides. Prior has gone over 5 days of GJ transcripts. Says good cause for extension & wants 12/31/21 additional GJ transcripts also if it happened. Wood response: 12/31/21 GJ happened but nothing discussed on Daybell case. And the 2nd GJ transcript is not ready, plus Prior waiting past the time limit to ask for the voting sheet. Never filed a motion for this. Prior response: Filed motion for voting sheet in a timely matter. Will file motion for 2nd GJ transcript if there were any witnesses. Judge: Says shown good cause for motion to extend. On 2nd GJ transcript-no indictment so will not extend that. For motion to dismiss: deadline to file is 3/9/22 & motion hearing on 3/23/22 @ 9:30am. Next motions hearing (to sever) @ 9:30am & motions hearing (allow additional evidence re jury) at 11am on 3/18/22.
1/31/22 Update: If Superior Court Judge David Sheridan granted the writ, Judicial Branch court reporter Melodie Moss would have been required to provide Schoenhorn with the transcripts. Instead, Sheridan has dismissed the case, effectively denying Schoenhorn’s writ by siding with the Office of Attorney General William Tong that it was filed in the wrong jurisdiction. “This court lacks jurisdiction to order a mandamus because it would require this court to invalidate a sealing order issued by another Superior Court judge in another case,” Sheridan said. 2/9/22: Defense’s Memorandum in support of Motion to Severance.
2/17/22: Supplement & Disclosure for the State's Motion for the Court to allow additional evidence & follow Idaho Code #19-1816 by transporting a jury. 2/19/22 Update: State motions to sequester the jury & the hearing is set for 3/18/22 at 9:30am. Daybell’s murder trial will be held in Ada County, Idaho on 1/9/23.
3/1/22: Prosecutors present argument on why Daybell’s trial should not be severed from co-defendant Vallow. 26-page objection to the motion to sever. 3/2/22: Maricopa County Attorney’s Office will NOT charge Chad Daybell with conspiring to kill Brandon Boudreaux after “lengthy, careful” review of Gilbert case. Prosecutor still reviewing same charge for Lori Vallow.
3/2/22: Defense's reply to State's Supplement. Excerpt: The Supplement ignores & misconstrues the relevant law, fails to provide the information necessary to compare the costs of a trial in Ada County to a trial in Fremont County, inflates cost estimates through the State’s own costly decisions & fails to even acknowledge Mr. Daybell’s fundamental constitutional rights that would be prejudiced by transporting a jury from Ada County. Apart from the cost debate, JP argues that transporting the jury would result in reducing the jury pool & sequestering it would put pressure on the jurors, which would both be prejudicial for Chad.
3/8/22: Defense's: Motion to seal. Order: Motion to Seal. Motion to Dismiss indictment due to failure to show an impartial Grand Jury. Motion to disqualify Special prosecutor, set aside the indictment & strike the death penalty. Motion to disqualify prosecuting attorney. Motion to disqualify the Out-of-State prosecuting attorney, set aside the indictment & strike the death penalty. Motion for disclosure of homicide & death penalty cases that Rachel Smith has served or worked on Pro Hac Vice or consulting capacity. 3 more Motions to seal orders.
3/14/22 Update: The hearing to allow additional evidence regarding transport or venue transfer to Ada County for the Daybell trial was rescheduled. It was set to happen on 3/18/22 Friday but the State says more information is needed from Ada County officials. New date for this hearing is not decided. Prosecutors had recently shown comparison of costs between transferring venue to Boise or transporting jury members to Fremont. Also a Motion for continuance of the state's motion to reconsider transport or transfer of venue to Ada County. Motion to dismiss hearing on 3/23/22. 3/14/22: 2 Motions to seal (no mention of motion). 3/15/22: Order: to seal. 3/15/22: State's motion to continue hearing on defendant's Motion to Sever-Denied.
3/17/22 Update: Status conference hearing on 3/17/22 regarding State’s motion concerning the jury & defense has filed an objection.
*Lori Norene Vallow aka Lori Norene Daybell (46/now 48) – Fremont County: 5/27/21: Found incompetent to stand trial. All hearings put on hold. Competency review hearing was on 6/16/21, but Prosecutor Wood withdraws motion for contest competency. Status hearing on 7/1/21 was vacated. Motions hearing on 3/11/22.
*Madison County: Pretrial conference hearing on 8/17/21 & trial set to begin on 8/30/21 were both vacated.
 
Thank you-- watching now

are you taking notes for me??
biggrin.gif
 
Revised Hearing List:

  • 03/18/2022 Motion Hearing

    Judicial Officer
    Boyce (District), Steven

    Hearing Time
    9:30 AM

    Comment
    Motion to Sever

  • 03/23/2022 Motion Hearing

    Judicial Officer
    Boyce (District), Steven

    Hearing Time
    9:30 AM

    Comment
    Motion to Dismiss

  • 04/20/2022 Motion Hearing

    Judicial Officer
    Boyce (District), Steven

    Hearing Time
    9:30 AM

    Comment
    Motion to Allow Additional Evidence re: Jury
 
I think this was one of the first times we heard Smith talk at length during a hearing. I know many do not like Prior’s demeanor and tone in these hearings but I kinda feel he did a bit of a better job outlining his argument. He referenced previous hearings, what the Court said in their rulings, and how those rulings affected both sides in the case all the way until today. Ms Smith IMOO said the same thing in a few different ways, repeating how they want to provide accurate information to the Court, how they need permission from the Court for some of them to talk to them, etc. Lots of uhms & just a bit less organized, I think, her argument was.

I read several comments on the YouTube video about how much money is being wasted and time spent on these issues. I see some irony in the State arguing about the economic impact of changing venue & transporting a jury all while really dragging out this entire argument [and thus spending more time, money, and resources] on trying to postpone hearings on these Motions.
 
I think this was one of the first times we heard Smith talk at length during a hearing. I know many do not like Prior’s demeanor and tone in these hearings but I kinda feel he did a bit of a better job outlining his argument. He referenced previous hearings, what the Court said in their rulings, and how those rulings affected both sides in the case all the way until today. Ms Smith IMOO said the same thing in a few different ways, repeating how they want to provide accurate information to the Court, how they need permission from the Court for some of them to talk to them, etc. Lots of uhms & just a bit less organized, I think, her argument was.

I read several comments on the YouTube video about how much money is being wasted and time spent on these issues. I see some irony in the State arguing about the economic impact of changing venue & transporting a jury all while really dragging out this entire argument [and thus spending more time, money, and resources] on trying to postpone hearings on these Motions.
I think Prior is serving his client well. I don’t know how he is getting paid but he appears to be doing a good job. Too bad he cannot convince his client to tell the truth.
 
Friday, March 18th:
*Motions Hearing (to sever) (@ 9:30am MT) – ID – Joshua Jaxon (JJ) Vallow (7) & Tylee Ashlyn Ryan (16) (JJ last seen Sept. 23, 2019 & Tylee on Sept. 9, 2019, Rexburg; found June 9, 2019 buried in Daybell’s yard in Salem, ID) & Tamara “Tammy” Michelle Douglas Daybell (49) (died on Oct. 19, 2019 at her residence in Salem, ID; dob 5/4/70). – for *Chad Guy Daybell (51/now 53) arrested (6/9/20) & indicted (5/25/21) & charged (5/26/21) & arraigned (6/9/21) with Count 1 (for Tylee): Conspiracy to commit 1st degree murder & grand theft by deception (for Daybell, Vallow & Alex Cox) & other co-conspirators. Count 2 (for Tylee): 1st degree murder. Count 3 (for JJ): Conspiracy to commit 1st degree murder & grand theft by deception. Count 4(for JJ): 1st degree murder. Count 5 (for Tammy, 49, died 10/19/19): Conspiracy to commit 1st degree murder. Count 6 (for Tammy): 1st degree murder. Count 8 & 9: Insurance Fraud (Two counts of insurance fraud related to 2 different life insurance policies he had on Tammy). Plead not guilty. No bond. DA will seek DP.
Trial set to begin on 1/9/23 with jury selection. Trial will be held in Ada County. (will last 10 weeks).
Previous charges, Grand jury indictment & Court info from 6/10/20 thru 3/8/22 reference post #45 here:
Found Deceased - ID - Joshua Vallow, 7, Tylee Ryan, 16, Tammy Daybell, 49, Charles Vallow, 62, Oct 2019 *Arrests* #65

3/14/22 Update: The hearing to allow additional evidence regarding transport or venue transfer to Ada County for the Daybell trial was rescheduled. It was set to happen on 3/18/22 Friday but the State says more information is needed from Ada County officials. New date for this hearing is not decided. Prosecutors had recently shown comparison of costs between transferring venue to Boise or transporting jury members to Fremont. Also a Motion for continuance of the state's motion to reconsider transport or transfer of venue to Ada County. Motion to dismiss hearing on 3/23/22. 3/14/22: 2 Motions to seal (no mention of motion). 3/15/22: Order: to seal. 3/15/22: State's motion to continue hearing on defendant's Motion to Sever-Denied.
3/17/22 Update: Status conference hearing on 3/17/22 regarding State’s motion concerning the jury & defense has filed an objection. 3/17/22 Update: No info on what took place. Next Motions hearing re motion to sever on 3/18/22, motions hearing re motion to dismiss on 3/23/22 & motion hearing re motion for additional evidence re jury on 4/20/22.
*Lori Norene Vallow aka Lori Norene Daybell (46/now 48) – Fremont County: 5/27/21: Found incompetent to stand trial. All hearings put on hold. Competency review hearing was on 6/16/21, but Prosecutor Wood withdraws motion for contest competency. Status hearing on 7/1/21 was vacated. Motions hearing on 3/11/22.
*Madison County: Pretrial conference hearing on 8/17/21 & trial set to begin on 8/30/21 were both vacated.
 
The State mentions today they do not have any “custodial statements” from either party after they were mirandized.

Then in arguing against severance she mistakenly cited the wrong federal case, then was unable to find the correct citation, and focused more on a general overview of federal vs Idaho case law and their similarities. Then later on, again she couldn’t find the citation for the case and said it could be found in their brief (does she not have that handy to reference for these hearings?) I don’t know, I’m just not as impressed with the State when they make these arguments.
EDIT - she found it closer to the end of her argument

I think it’s interesting they argue that Lori’s stay should not be considered and it is “too premature” to consider as an reason to sever the cases right now. So Chad should just keep waiting and waiting on Lori to possibly be deemed competent and have her case able to move forward before his case can? I don’t know my stance on this issue entirely but I find the arguments on both sides fascinating.
 
Blake also tossed in a comment about the State not expecting that Lori will try to continue her trial date if she becomes competent and able to proceed…..which I would think means she is likely still incompetent (combined with some of the other recent pieces we’ve put together, that seems more likely IMOO)
 
I think it’s interesting they argue that Lori’s stay should not be considered and it is “too premature” to consider as an reason to sever the cases right now. So Chad should just keep waiting and waiting on Lori to possibly be deemed competent and have her case able to move forward before his case can? I don’t know my stance on this issue entirely but I find the arguments on both sides fascinating.

SBM- I too don't know where I stand on this. Obviously JP is going to have 2 different strategies depending on the ruling. How much time is considered fair for the defense to be able to adequately prepare? It's not a shoplifting charge. I would assume JB has to have some level of knowledge of the progress or lack there of in regards to LV. I can't imagine that wouldn't be factored into his ruling. His ruling might give a bit more insight into where LV's restoration treatment currently stands.
 
The State mentions today they do not have any “custodial statements” from either party after they were mirandized.

Then in arguing against severance she mistakenly cited the wrong federal case, then was unable to find the correct citation, and focused more on a general overview of federal vs Idaho case law and their similarities. Then later on, again she couldn’t find the citation for the case and said it could be found in their brief (does she not have that handy to reference for these hearings?) I don’t know, I’m just not as impressed with the State when they make these arguments.
EDIT - she found it closer to the end of her argument

I haven't been impressed with the state for sometime. This was RW best showing in a long time because he didn't really speak.

However, the burden is on JP for his own motion. In my opinion, he didn't present any evidence and I don't think he did a great job of showing that burden.
 
I haven't been impressed with the state for sometime. This was RW best showing in a long time because he didn't really speak.

However, the burden is on JP for his own motion. In my opinion, he didn't present any evidence and I don't think he did a great job of showing that burden.

I really felt the motion was a bit disingenuous from Prior. He filed saying sever the cases because of his need to prepare for trial and the fact that both CD & LVD talked to people (while on the run I might add) but the possibility exists one might have said something bad about the other. Prosecution says that 1) too early to sever & 2) they can't find anything so far where one might be dissing on the other so bring on evidence if that exists. Prior says that is the Prosecution's job to make sure plus he can't speak on the record. Judge says talking to him is ok or doing it off camera is ok too. I think Prior is grasping at straws to get this case severed for him to defend Chad. I also think he doesn't want to prepare for 2 different trials (severed or together).
 
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