Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #26

[Sticksandspades]

Thank you.

I'm surprised this doesn't happen at the arrest warrant stage. I realise that this might be the defendant's opportunity to present their own evidence also but I find it confusing because we're not talking about trial on the issues and presumably she might not want to show her hand or answer the charges yet, so I don't really get why probable cause hasn't yet been shown. I'm a bit woolly headed today - migraine coming, apologies if I'm not making sense.

This is the next step:


Preliminary Hearing
The next hearing that happens is the Preliminary Hearing. If you are in custody, the hearing must occur within 14 days; if you are out of custody, the hearing must occur within 21 days. The judge at a Preliminary Hearing is also a "magistrate" judge. It won't necessarily be the same one that conducted the Initial Appearance; don't worry if it isn't. A preliminary hearing is the State's opportunity to convince a judge that there is "probable cause" to believe a crime has been committed and that you committed it. "Probable cause" is a fairly low amount of evidence; much lower than the "beyond a reasonable doubt" standard required at a trial.

Nevertheless, the State must call witnesses to establish "probable cause" and the rules of evidence generally apply (with a few exceptions). That means witnesses with first-hand knowledge must come into court, be placed under oath, and answer questions. Although defense attorneys are permitted to ask questions, this is not a trial and many times the questions are limited. Not because they have to be, but because the defense attorney wants to "keep his or her powder dry" for trial. Because the "probable cause" standard is so low, it rarely does much good to call into question a witnesses testimony at the preliminary hearing stage.

It is important to note, if the State is not ready to proceed at the time set for the Preliminary Hearing, it can, in most instances, simply dismiss and re-file the case and that starts the clock all over again. It doesn't seem right, but it is!

If the State establishes "probable cause" you will be sent to appear in the district court. If the State fails to meet its burden, the case will be dismissed.
FAQ: What Are All The Hearings In A Felony In Idaho? | Kormanik & Sneed LLP

 

[ThinkoutLoud]

I’m torn about their motive. Do they really believe what they espouse? I think LV is a manipulator, using her ‘powers’ over men to get her way. I look at CD and get the impression he couldn’t fix his own lawn mower if it failed to start and he’s the next target in her game? What do you think? MOO

Chad is a genuine person or else he is really skilled at masking himself as an authentic person. That is what it made it so hard for people who know/ knew him to initially believe he could be caught up in all of this. The more that comes out the worse everything looks. For me personally, the letter from Hector Sosa was more convincing than what JR has said previously, but it actually validated her statements to some degree as well. Two witnesses so to speak. HS is clearly not seeking the limelight so the release of the letter from him is a true peek at what’s going on behind their “veil.” Chad is caught up in some very bizarre thinking and is a leader and main proponent of these false ideas. I do believe that his extreme philosophies could have made him vulnerable to Lori. I haven’t abandoned the possibility that through murder and manipulation she has convinced him that his visions are coming true and everything he’s been saying is right and starting to happen. I think it’s equally as possible that he has masterminded much or all of these tragedies. I hope time will tell. While I recognize both possibilities I also know that either way, Chad is very entrenched in all of this and is no wise without excuse. He is very obsessed with himself and his visions and power and authority and so forth. He has set himself up as a light to the world and thereby put himself in opposition to light and truth. MOO

 

[Sticksandspades]

Thank you.

I'm surprised this doesn't happen at the arrest warrant stage. I realise that this might be the defendant's opportunity to present their own evidence also but I find it confusing because we're not talking about trial on the issues and presumably she might not want to show her hand or answer the charges yet, so I don't really get why probable cause hasn't yet been shown. I'm a bit woolly headed today - migraine coming, apologies if I'm not making sense.

This is the next step:


Preliminary Hearing
The next hearing that happens is the Preliminary Hearing. If you are in custody, the hearing must occur within 14 days; if you are out of custody, the hearing must occur within 21 days. The judge at a Preliminary Hearing is also a "magistrate" judge. It won't necessarily be the same one that conducted the Initial Appearance; don't worry if it isn't. A preliminary hearing is the State's opportunity to convince a judge that there is "probable cause" to believe a crime has been committed and that you committed it. "Probable cause" is a fairly low amount of evidence; much lower than the "beyond a reasonable doubt" standard required at a trial.

Nevertheless, the State must call witnesses to establish "probable cause" and the rules of evidence generally apply (with a few exceptions). That means witnesses with first-hand knowledge must come into court, be placed under oath, and answer questions. Although defense attorneys are permitted to ask questions, this is not a trial and many times the questions are limited. Not because they have to be, but because the defense attorney wants to "keep his or her powder dry" for trial. Because the "probable cause" standard is so low, it rarely does much good to call into question a witnesses testimony at the preliminary hearing stage.

It is important to note, if the State is not ready to proceed at the time set for the Preliminary Hearing, it can, in most instances, simply dismiss and re-file the case and that starts the clock all over again. It doesn't seem right, but it is!

If the State establishes "probable cause" you will be sent to appear in the district court. If the State fails to meet its burden, the case will be dismissed.
FAQ: What Are All The Hearings In A Felony In Idaho? | Kormanik & Sneed LLP

 

[BigAl16]

Thanks!
I swear I read he had.... but maybe it was just someone assuming he had been?

The Daily Mail claimed that happened. I think them might have even done a correction of some kind or the reporter admitted what they said was wrong and misleading or something. But we had enough credible information to know that at the time that claim was made, it couldn't have been true.

 

[Ohmeohmy]

VINELink

Saturday Morning March 7,2020

Well well, still sporting the orange outfit with 2 contrasting prints of stripes and checks. Seriously, went to bed last night thinking she would be cross country skiing somewhere this morning.


LORI N VALLOW
Custody Record

Age46
GenderFemale
RaceWhite
ID: Madison County Sheriff's Office
ID Number174174
Custody StatusIn Custody
Custody DetailMadison County Detention Center

 

[kye0001]

IIRC during the acrimonious child visitation fight between Lori and Joe Ryan over Tylee, it was mentioned somewhere that Joe was offended by how much Lori enjoyed the drama of it all. And at the same time she gets contempt convictions. Anyone remember?

Yes I remember that also, it was CVs ex wife in her interview that said it. The custody issues became so contentious that both TRs custody and her sons became intertwined IIRC. JMO

 

[CSIDreamer]

CD has a mortgage balance of $138K on his property in Rexburg. I’m guessing that he’s spent the last few days rallying the troops for this very scenario, a reduced bail whereby they have the money ready to go.

Interesting. If he has a mortgage as you say then typically (I suspect there are exceptions) the mortgage company is going to collect money for property taxes and insurance as part of the mortgage payment and then pay those when due, specifically to help reduce their risk. I seems strange that they wouldn't do this or wouldn't have paid the property tax on time.

We need the source for the mortgage balance.

 

[dog.gone.cute]

Author
Justin Lum Fox 10 Phoenix

UPDATE: Lori Vallow is still in custody at 7AM MST.

She must be foaming at the mouth !

 

[BigAl16]

Justin Lum Fox 10 Phoenix

An Idaho Falls BB company tells us they’re trying to work w/ Lori Vallow’s reps. There are obstacles.

- Vallow needs to prove she has $1M in assets
- Bond company’s insurance needs to assess risk
- $100K (10%) needs to be wired to account of bondsman which could take 24 hours.

Well if she has to have 1 million in assets I'm thinking it isn't going to happen.

 

[Gardener1850]

Thank you.

I'm surprised this doesn't happen at the arrest warrant stage. I realise that this might be the defendant's opportunity to present their own evidence also but I find it confusing because we're not talking about trial on the issues and presumably she might not want to show her hand or answer the charges yet, so I don't really get why probable cause hasn't yet been shown. I'm a bit woolly headed today - migraine coming, apologies if I'm not making sense.

Probable cause was shown in the arrest warrant: Affidavit of Probable Cause
My understanding is that the next stage allows Lori's defense to argue against those items and also for the prosecutor to give more details on the evidence of probable cause listed in the affidavit. They will bring witnesses such as the LEOs that spoke to Lori and Chad at that first welfare check. Prosecutors will probably share things such as banking records or digital footprints showing Tylee's phone was with Lori's phone the entire time but Tylee was never seen with Lori while her phone sent messages and while Lori used Tylee's bankcard to withdraw money.

MOO.

 

[Alpha Bravo]

It's only the taxes for the second half of 2019. He currently owes $686.73.
Late fees will be added each month if it remains unpaid.

Taxes should be included in the mortgage payments, but what are the odds that he's not paying that either? Tammy was the financial one in the house, Lori and Chad together may not be able to fight their way out of a financial paper bag.

 

[tresir2012]

She wouldn't automatically have ownership of the house. Her name would have to be added to the deed, and the terms of the mortgage may not allow that without paying it off and refinancing.

If something happened to Chad she would though right?

 

[Webbie16]

I’m pretty sure the bondsman is taking less then 100K. See the reference to “a deal”? Chad or lawyers have been negotiating. That’s a big chunk of change for a single bond case. Bondsman were probably tripping over themselves to make that deal. Nice payday.

I am still a couple pages back, and you may have answered this. How does the insurance company for bondsman come into play? I saw on twitter that they may be able to deny the bondsman to pay?

 

[ReadyorNot]

At the very least.... money transfers only happen Mon-Friday. So I think the earliest will be then.

 

[tresir2012]

Taxes should be included in the mortgage payments, but what are the odds that he's not paying that either? Tammy was the financial one in the house, Lori and Chad together may not be able to fight their way out of a financial paper bag.

He probably figures the ones living in the house are going to pay it perhaps. MOO.

 

[BigAl16]

After watching the hearing, it appeared toward the end that her attorney expected she would bail out. Lori didn't represent to her own lawyers that she had more funds/deeper pockets did she? I hope the feds turned Chad before the hearing. (can't think of another reason he showed up, unless she has something on him/blackmail. He should be well represented by now and can't image HIS attorney saying - yeah, show up for Lori, because that's in your best interest at this time. Or, maybe he is a stupid dufous and didn't listen to the advice of his lawyer.

I thnk we decided that his lawyer was sitting next to him in court. Also, I don't think *if* there is any PR reason to go or not go to court that not going to court would be a bad move unless Chad's ready to turn on Lori. Showing up and appearing to show support for his "wife", at least at this point, seems like the right strategic move to me. MOO

 

[Alpha Bravo]

Probable cause was shown in the arrest warrant: Affidavit of Probable Cause
My understanding is that the next stage allows Lori's defense to argue against those items and also for the prosecutor to give more details on the evidence of probable cause listed in the affidavit. They will bring witnesses such as the LEOs that spoke to Lori and Chad at that first welfare check. Prosecutors will probably share things such as banking records or digital footprints showing Tylee's phone was with Lori's phone the entire time but Tylee was never seen with Lori while her phone sent messages and while Lori used Tylee's bankcard to withdraw money.

MOO.

I'm looking forward to seeing when they bought the tix to Kauai... What other expenditures did they have (Mexico tix?) Any money going out toward caregivers of kids? We know SSI money for them was coming in, noted in court. Phone calls? Texts to Alex? There is likely a cornucopia of convicting crap available.

 

[Sticksandspades]

@Gardner help me remember? Speaking of bail.

The perp in Cupcake's murder. Didn't a whole group of people put up their own assets until they hit the required collateral at his first arrest?

I'm thinking several individuals can put up separate amounts for Lori's bail until the little money thermometer posterboard hits the top mark. Not saying it's going to happen. But a possibility if Chad is begging for help. Jmo

I agree it’s going to ‘take a village’ to raise the 900k collateral. By the looks of the level of support CD and LVD had in the courtroom (none) that might be difficult.

 

[Picklepuck]

Another thing re bond, it’s likely going to cost LVD to wear the monitor. Maybe even pay a setup fee and in some cases may have a home base station that costs even more.

Agree. Here in AZ, it's in the range of 800/month after all the fees. JMO

 

[CSIDreamer]

Agree. Here in AZ, it's in the range of 800/month after all the fees. JMO

Well, that's pricey. I had no idea! Jmo