15 Feb 2020
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The Post Register looked to legal experts and past cases to try to figure out,
should Tylee and J.J. remain unfound, what charges could Lori and Chad face in the future in a variety of possible scenarios and what evidence would police need to bring charges in those scenarios.
The disappearance of Tylee Ryan and J.J. Vallow:
Scenario 1: Chad and Lori were not actively responsible for the disappearance of Tylee and J.J., but they did not alert authorities when the children went missing.
Possible charges: Perjury for giving false information. Police say Vallow and Daybell “indicated (J.J) was staying with a family friend in Arizona.” Rexburg police said they investigated and did not find that to be true.
According to Idaho law, this crime is considered a misdemeanor. There is no Idaho law requiring parents to alert authorities when children go missing.
Evidence police would need to charge Lori or Chad: Police likely have enough evidence to prove Lori provided false information concerning J.J.’s whereabouts.
Famous similar case: In a case that received national attention, Caylee Anthony’s mother, Casey Anthony, never reported her daughter missing. “Caylee’s Law,” which has been enacted in 10 states, makes it a felony for parents to fail to report their child as missing. Anthony was eventually acquitted of all charges except four misdemeanor counts of providing false information to law enforcement. Anthony was sentenced to one year and $1,000 for each misdemeanor count, for a total of four years in prison and $4,000 in fines. Caylee’s Law does not exist in Idaho.
Scenario 2: Lori and Chad have hidden the children.
Possible charges: Contempt of court
Evidence police would need to charge Lori or Chad: Police likely have enough evidence to prove contempt of court. On Jan. 25, law enforcement in Princeville, Hawaii, served Vallow with a court order demanding that she “physically produce Tylee and J.J. to the Idaho Department of Welfare in Rexburg, Idaho, or to the Rexburg Police within five days of being served with the order.” Vallow did not comply with that order and could now be found by a Madison County judge to be in contempt of court. Per
Idaho law, a misdemeanor for contempt carries a penalty of an up to $5,000 fine, a maximum of five days in jail, or both.
Famous similar case: In Baltimore City Department of Social Services v. Bouknight,
Jacqueline L. Bouknight, of Baltimore, was ordered to produce her child in court. She claimed to have left her son with a friend but would not reveal anything more. In a case that went all the way to the U.S. Supreme Court, Bouknight claimed that forcing her to disclose her son’s location violated her Fifth Amendment right not to self-incriminate. The Supreme Court ruled the Fifth Amendment does not “protect a custodian from refusing to produce his or her child pursuant to a court order.” Despite this ruling, Bouknight refused to produce her son. A Baltimore judge continued to find Bouknight in contempt of court for seven years; she spent those seven years in jail. After that, she was released and has never been convicted for further charges regarding her son. Her son has never been seen since.
Scenario 3: Chad and/or Lori are responsible for the death of Tylee and J.J., but police cannot find their bodies.
Possible charges: Murder
Evidence: According to
Thomas A. DiBiase, a former federal homicide prosecutor and expert on "no body" murder cases, in cases when there is no body but police believe a murder was convicted, evidence is most likely to come from forensic evidence such as blood, hair, or fingerprints, confessions to family or friends, or confessions to police. When none of those are available,
Alton D. Kenney an attorney and former prosecutor who has gotten convictions on two "no body" cases, said it is possible to prove victims are dead through what he calls “negative inference.” This involves proving all expected normal routines are not being met. For example, a teenager may suddenly stop all social media activity, stop speaking to all friends and relatives, stop continuing to pursue life milestones such as getting a driver’s license or applying for a job. These negative inferences may convince a jury that a missing individual has died. Then, the court can prove someone is responsible for that death. According to Kenney, however, cases involving negative inference take a long time to prove and police may wait a full year before bringing charges.
Famous similar case: More than 50 people have been convicted of murder without a body being found. However, when police lack forensic evidence or a confession, it becomes more difficult. When Susan Powell went missing in 2009, her husband Josh Powell claimed she had abandoned the family. Despite a mountain of strange circumstances surrounding Josh, he was never charged with her murder. In 2012, Josh killed himself and his two sons. Since Susan’s body has never been recovered, she has still not been declared dead.
Charges involving the deaths of Charles Vallow, Tammy Daybell, or Alex Cox: All three deaths are still under investigation. Authorities are still waiting on autopsy results for Tammy Daybell and Cox. The lack of charges may mean authorities have not found evidence as of yet to prove Chad or Lori were involved. Autopsy results may provide more information.
Read more:
Why haven’t Chad and Lori been arrested?
