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

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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).

As far as I can tell from reading the plain text of the Rule 14 brought up today, if any party has responsibility - for lack of a better term - to deliver any statements/confessions made by the defendants it is entirely on the State and NOT the Defense to do so. I thought that was what Prior was trying to argue when he said that Blake was misinterpreting Rule 14.

That Rule states “
If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in a complaint, indictment or information, the court may order the state to elect between counts, grant separate trials of counts, grant a severance of defendants, or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the attorney for the state to deliver to the court for inspection in camera any statements or confessions made by the defendants that the state intends to introduce in evidence at the trial.” Source for this — Rule 14. Relief from Prejudicial Joinder | Supreme Court

when Blake said at one point, “So given all of those reasons, the State believes that the defense has failed to meet any burden and the heavy burden that they have under Rule 14, especially that heightened burden when we're dealing with conspiracy cases, since conspiracy cases more so are favored to be joined for trial.”

I personally don’t see how the Defense has any burden specifically under Rule 14, which seems to only highlight how the Court may order the State to produce any such statements if they exist and if they plan to use at trial. JMOO though
 
Scott Reisch's speculation: "Maybe some of those statements given by Lori Vallow while at the State hospital are coming in and could potentially be used against Chad Daybell and Lori Vallow, assuming Lori Vallow can actually come to court."
The speculation is based on the second part of Lindsey Blake's statement: "There are no Bruton statements that we're aware of. That is evolving."

 
I just watched the “motion to sever” hearing and while the State was citing case law on reasons to not sever, they listed a potential advantage to the second defendant—advantage being the defendant tried later has the advantage of orosecution’s arguments before going to trial. That makes sense and for Prior to be willing to give Lori that advantage he must have something up his sleeve.

If one defendant is incompetent I don’t imagine the competent defendant is prohibited from presenting as evidence actions taken or statements made by the incompetant party,. Otherwise this would put Defense at a unfair disadvantage. I don’t know if an incompetant party can be called as a witness,, but even if they can a jury could easily dismiss their testimony. For that reason I think JP would very much like to sever so that CD can testify as to LNCRVD’s involvement without having to deal w/ any pesky refutements from the godess herself.
 
If one defendant is incompetent I don’t imagine the competent defendant is prohibited from presenting as evidence actions taken or statements made by the incompetant party,. Otherwise this would put Defense at a unfair disadvantage. I don’t know if an incompetant party can be called as a witness,, but even if they can a jury could easily dismiss their testimony. For that reason I think JP would very much like to sever so that CD can testify as to LNCRVD’s involvement without having to deal w/ any pesky refutements from the godess herself.
SBM, BBM. Lori Hellis said in Friday's live that Lori can't be called as a witness if she's incompetent. This is one of the advantages of a speedy trial for Chad.
 
Maybe Lori will be able to wriggle out of being found guilty of murder, by throwing it all onto Chad (and his brainwashing) and Alex. But AFAIK she has never shown a scrap of grief over her children's deaths, and that is unforgiveable.
IMO Chad will be tried first and won't get away with it. Then he can be compelled to testify at her trial, which won't help her.
 
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.
I could not help but see Chad swallowed constantly as others were speaking.
But not when Prior was speaking.
Appears he is finally scared. Scared he won’t get the sever IMO.
Yep. This sever would be open range to blame LVD & AC. His kids showed that hand during their-he was framed- interview.

MOO
 
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