ID - Joshua Vallow, 7, Tylee Ryan, 16, Tammy Daybell, 49, Charles Vallow, 62, Oct 2019 *Arrests* #66

[pizzaman12]

I think JB has caused several of the issues they're dealing with now and has somewhat painted himself in a corner. There has been very little structure and deadlines set. Based on his comments in his ruling, I think he understands that can't continue. I think they're in a similar boat as they were and I suppose there is hope LV will be competent by trial. However, if she can't assist leading up to it, I'm not sure they can effectively prepare their defense. I already didn't like the denying her right of a speedy trial and at this point, I'd prefer the trial to be severed. It's alarming the position the state has taken in the continuances, sealings, cameras, etc...I've stated this numerous times but I think this case is going to be looked at many many times down the road as to what all went wrong. I'd love to be wrong!

 

[MySharoanah]

Someone is pleading the 5th?

I was thinking along those lines originally, but as I’ve looked back over the different filings in both cases, trying to make sense of them, I think it’s the “fifth supplemental request” IMO.

 

[GRT]

I heard spouses can't testify against one another in criminal trials. Does anyone know if that's true? I was thinking one of them would flip on the other, but is that possible?

 

[Countem]

I heard spouses can't testify against one another in criminal trials. Does anyone know if that's true? I was thinking one of them would flip on the other, but is that possible?

The following Cornell Law School website has the details on spousal privilege.

spousal privilege

www.law.cornell.edu

In order to invoke a spousal communications privilege, the party must establish that (a) at the time of the communication, the spouses were in a valid marriage; (b) the communications were intended to convey information between spouses, and neither spouse has disclosed the communication to a third party; and (c) the communications were intended to be confidential. […] This privilege does not apply if the spouses are suing each other in a civil case or one of the spouses initiates a criminal proceeding against the other.

Spouses can waive this privilege, as well.

MOO.

 

[fred&edna]

Just to keep my notes straight - going to post this one day late...

Friday, October 28th:
*Motions Hearing-(Closed to public) (@ 1:30pm 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, 2020 buried in Daybell’s yard in Salem, ID) – for *Lori Norene Vallow aka Lori Norene Daybell (46/now 48) arrested (in Kauai, Hawaii on 2/20/20) & indicted (5/25/21) & re-arraigned (4/19/22) 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): Conspiracy to commit 1st degree murder. Count 6 (for Tammy): Chad only: 1st Degree murder. Count 7: Lori only: Grand theft (related to social security survivor benefits allocated for the care of minors Tylee & JJ). Plead not guilty. DA will seek DP. Fremont County
Conspiracy to commit destruction, alteration or concealment of evidence charges dismissed without prejudice on 7/29/21. Fremont County
Trial was set to begin on 1/9/23 with jury selection. Trial was vacated on 10/6/22 by Judge Boyce. Transferred to mental hospital on 6/24/21. Found competent on 4/1/22 & transferred custody (4/14/22) to the Madison County Detention facility. Idaho District Judge Steven W. Boyce suspended the case until Vallow’s competency can be determined on 10/6/22 & her January 2023 trial has been vacated IF she is not competent to stand trial.
Arrest & Grand Jury & Court info from 3/5/20 thru 10/18/22 reference post #749 here:
https://www.websleuths.com/forums/t...-vallow-62-oct-2019-arrests-66.631271/page-38
10/25/22: Motion to seal State's motion to determine conflict. Order: to seal State's Motion to determine conflict. Notice of remote status conference hearing on 10/26/22 @ 11am. 10/26/22: Order to close & seal 10/26/22 status conference.
10/27/22: Order to close & seal the 10/28/22 hearing. Supplemental response to request for discovery. 10/28/22 Update: Motion to compel hearing on 10/28/22 at 1:30pm.
*Madison County: Pretrial conference hearing on 8/17/21 & trial set to begin on 8/30/21 were both vacated.
*Chad Guy Daybell (51/now 53) – Next pretrial motions hearing (to sever cases) on 11/10/22. Trial was set to begin on 1/9/23 was vacated.
*AZ – Indicted (6/24/21) & served (6/29/21) with conspiracy to commit 1st degree murder in the death of former husband Charles Vallow. A Maricopa County Attorney’s Office spokeswoman said in June that Lori’s case in Idaho will run its course before she faces the charge in Arizona. Maricopa County

You are doing your very best to keep up with all the happenings AND sharing your record keeping with us... it is very much appreciated!

 

[watergirl62]

I heard spouses can't testify against one another in criminal trials. Does anyone know if that's true? I was thinking one of them would flip on the other, but is that possible?

There are exceptions:

 

[indicolite22]

I heard spouses can't testify against one another in criminal trials. Does anyone know if that's true? I was thinking one of them would flip on the other, but is that possible?

They can testify if they wish, but they don't have to. IIRC, Lori Hellis said in her latest yt video that spousal privilege might only be invoked for the time after Lori and Chad got married, and only about Tammy's case, not the children's.

 

[Tortoise]

They can testify if they wish, but they don't have to. IIRC, Lori Hellis said in her latest yt video that spousal privilege might only be invoked for the time after Lori and Chad got married, and only about Tammy's case, not the children's.

Yes, and it doesn't apply to Tammy's murder because that was before they were married, so there's really no privilege they can invoke that would be relevant to the case.

 

[indicolite22]

Yes, and it doesn't apply to Tammy's murder because that was before they were married, so there's really no privilege they can invoke that would be relevant to the case.

Unless they made incriminating statements or actions in regard to the murder after they got married.

 

[sassyblue]

https://twitter.com/x/status/1587138291781861376

COMPETENCY EVAL: Lori Vallow has a hearing scheduled for 11/9 for a competency evaluation review. This comes as her case is currently on hold.

 

[montegrl]

Here's updated docket for LV:

• 10/31/2022 Notice of Remote Hearing
• 11/09/2022 Pre-trial Conference
  Judicial Officer
  Boyce (District), Steven
  Hearing Time
  9:30 AM
  Cancel Reason
  Vacated
  
  
  
• 11/09/2022 Competency Evaluation Review (18-211, 18-212)
  Judicial Officer
  Boyce (District), Steven
  Hearing Time
  4:00 PM
  
  
  

 

[montegrl]

Here's updated docket for CD:

• 10/31/2022 Notice of Hearing
• 11/09/2022 Pre-trial Conference
  Judicial Officer
  Boyce (District), Steven
  Hearing Time
  9:30 AM
  Cancel Reason
  Vacated
• 11/10/2022 Motion Hearing
  Judicial Officer
  Boyce (District), Steven
  Hearing Time
  09:30 AM
  Comment
  Motion to Sever

 

[watergirl62]

So the competency review is now scheduled one day before the motion to sever. It's all about Lori.

Trying to determine when she will be competent to stand trial is like trying to time the stock market.

JB could go either way on JP's motion. We will probably be left backing out her implied status based on his ruling because SEALED.

 

[Laughing]

https://twitter.com/x/status/1587138291781861376

COMPETENCY EVAL: Lori Vallow has a hearing scheduled for 11/9 for a competency evaluation review. This comes as her case is currently on hold.

Does this feel like a revolving door to anyone else? Or is it just me?

jmho ymmv lrr

 

[JustInterested77]

Does this feel like a revolving door to anyone else? Or is it just me?

jmho ymmv lrr

Not just you!! I understand the wheels of justice can turn slowly but this is getting ridiculous!!

MOO JMO IMO

 

[mickey2942]

I keep waiting for CD to file for divorce and leave LVD in the dust. I just can't wait for it.

 

[Onsdag]

I almost get the feeling that this whole dance of delays is a game of chess between CD's lawyer and LV's lawyers, and it all revolves around severance. JP and CD clearly seem to be all in favor of severance, while keeping them tied together favors JA and LV. This simple difference in strategy, in my opinion, has affected everything we've been seeing these past several months.

JP+CD pushes for severance and is ready to go to trial. Suddenly LV becomes competent and JA gets another attorney to help, and is ready as well. Judge keeps them together.

JP+CD respond by saying they're not ready after all, need more time and assistance, therefore push for a delay and severance again. JA counters and says LV's mental state is fragile, she apparently undergoes more evaluations, and the judge puts a hold on her case... and thus they're tied back together again.

This is all MOO and IANAL.

 

[mickey2942]

Does this feel like a revolving door to anyone else? Or is it just me?

jmho ymmv lrr

The only real defense when a client is obviously guilty, is to stall, delay, and keep the focus on anything but the horrific crime of killing children.

To me, this stalling technique doesn't really matter, because CD and LVD are in jail, and neither one of them will be released. So really, they are just playing a game. It doesn't change anything. As long as they are kept in a cage, I am fine with their frivolous and lame attempts at delaying their trial date. The outcome is inevitable.

Frustrating, yes. And I feel like this is especially terrible for the Woodcocks, who continue to live with this case on a daily basis.

 

[Minty Fresh]

Frustrating, yes. And I feel like this is especially terrible for the Woodcocks, who continue to live with this case on a daily basis.

And especially terrible because every day is a day the Woodcocks can't bury the children.

 

[Love Never Fails]

The only real defense when a client is obviously guilty, is to stall, delay, and keep the focus on anything but the horrific crime of killing children.

To me, this stalling technique doesn't really matter, because CD and LVD are in jail, and neither one of them will be released. So really, they are just playing a game. It doesn't change anything. As long as they are kept in a cage, I am fine with their frivolous and lame attempts at delaying their trial date. The outcome is inevitable.

Frustrating, yes. And I feel like this is especially terrible for the Woodcocks, who continue to live with this case on a daily basis.

Except in time people forget. Passions wane. Prosecution waivers. Deals are made. Time is on the side of LV and CD in this case and it matters. And it is sickening.