Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 17, Rexburg, Sept 2019 *mom arrested* #27

[vislaw]

Since they asked for disqualification without cause, wouldn't they ask for disqualification WITH a cause, and then state conflict of interest? I am so far from being a lawyer, so I'm only guessing on this one. Also, sort of a side question: you were at the service for TD, correct? And LVD was there...this would be the memorial in Rexburg, and not the funeral in Springville, right? Just trying to keep facts straight. Not an easy task.

Idaho has an interesting provision in their criminal code that permits a party to disqualify one judge without needing to state cause and the motion has to be granted (I.C.R. 25. Disqualification of Judge. | Supreme Court) Thus, it was pro forma that the judge would have to recuse himself from the case. The defense made the judgement that they would likely be better off with another judge and are rolling the dice accordingly. A party always can make a motion to have a judge removed from a case for cause, but that's a high bar and the likelihood of success is so small that most attorneys won't risk antagonizing a judge by attempting such a motion unless there are truly significant facts showing bias or prejudice on the part of the judge.

 

[utahobserver]

Multiple Agencies Meet In SLC To Coordinate Vallow Investigations

Multiple Agencies Meet In SLC To Coordinate Vallow Investigations

Meeting tomorrow too!

 

[JosefZ]

I'm guessing they can make a pretty good case for a change of venue though although to be honest I'm not sure which side the venue would be likely to favor, I'm going to guess that getting a jury with people who don't have a pretty solid opinion on the case might be tough. If someone doesn't have an opinion I'd be concerned with whether they are intelligent enough or suitably aware of what's happening around them to be on a jury. MOO

Would the pool the prosecutors and defense have to choose from be limited to the county? If so, Madison County has a population of approx. 40000. Approx. 27% are under age 18. Approx. 7% are over age 65. Let’s assume that those between work. A trial like this could be an extreme hardship on them individually and their dependents as well. Let's assume 50% are in that category. That leaves the county with 13000 persons of working age as potential jurors, and another 2800 persons age 65 and older. These numbers are all an approximation based on information from census.gov, year 2014.

I was on a jury within the last five years on a high profile rape case in CA. I was impressed with the jury selection process. The county was rural, the case was in the news and it took three days for them to select us.

I think it can be done in Madison County, MOO.

 

[Alpha Bravo]

I'm lost. I wouldn't get in that sweaty lodge if someone paid me. What's it for?

Oh, I’ve been to a few sweats. Notice the pit with rocks in the middle. Outside, you have a fire and heat the rocks. You get everyone inside wearing min or no clothes, and bring the hot rocks in and close all the doors. Sprinkle water occasionally on the rocks to create steam, maybe some wet sage or cedar too. This was a Native American way to take a bath. Very relaxing, and good. You get hot. You can go jump in a cold river and get back in. The new age people took the practice and made it a big deal. Peyote maybe.

ETA: this would be a great skill for dead enders as after the apocalypse there is no running hot water.

 

[TLG127]

Thank you. I'm doing all of my reading, researching and commenting on cell phone, so it's not as easy to find what I need to reread. God help me if I ever have my phone searched...I probably look like a wanna be murderer, asking google about poison and whatnot. Lol.

Me too just on my phone. Lol. My husband, said I'm on hear way to much, FBI gonna knock on my door. Lol.

 

[Alohaj]

From the article:

According to the Deseret News report, Daybell didn’t see his job as glamorous. But, he told the Deseret News, a 4-year-old visitor referred to him as “the sexy one.”

Who would effing ever say that to a reporter, even if it was true??? MOO

if that was really said, Ewww, beyond creepy

 

[b2alicia]

Lori Vallow's attorney requests judge to be removed, hearing to be postponed

Boise Idaho Station

So my question is this. -
I can understand why Lori's atty would want to take a shot at a new judge. Maybe a new one would authorize a lower bail? Maybe approve a change of venue? (But what for, really?).
But what motive would the prosecutor have?

Thanks to all you smart folks here who know more about this stuff than I do.

 

[BigAl16]

Would the pool the prosecutors and defense have to choose from be limited to the county? If so, Madison County has a population of approx. 40000. Approx. 27% are under age 18. Approx. 7% are over age 65. Let’s assume that those between work. A trial like this could be an extreme hardship on them individually and their dependents as well. Let's assume 50% are in that category. That leaves the county with 13000 persons of working age as potential jurors, and another 2800 persons age 65 and older. These numbers are all an approximation based on information from census.gov, year 2014.

I was on a jury within the last five years on a high profile rape case in CA. I was impressed with the jury selection process. The county was rural, the case was in the news and it took three days for them to select us.

I think it can be done in Madison County, MOO.

You're probably correct. However, I also wonder where the jury pool is selected from. Some (many?) places do it based on voter registration, so the numbers might be lower. (A quick search left me with the impression that in Idaho it could be based on voter registration or on driver license issuance or both, depending on the county.) I'm also curious how BYU-I might impact the jury pool. My assumption is that a large portion of that population count is BYU-I students, right? If they count, BYU-I has about 25,000 students, most of which would be included in that count, but a decent percent who aren't registered to vote at all or at least might not be in Madison county (not sure the laws around that for students who consider themselves residents of mom and dad's house). MOO

 

[CuriousQuiet1]

... I suggest we all just wait and see....

RSBM
We aren't good at waiting and seeing here. MOO.

 

[fuzzybutter]

I'm guessing they can make a pretty good case for a change of venue though although to be honest I'm not sure which side the venue would be likely to favor, I'm going to guess that getting a jury with people who don't have a pretty solid opinion on the case might be tough. If someone doesn't have an opinion I'd be concerned with whether they are intelligent enough or suitably aware of what's happening around them to be on a jury. MOO

It’s an interesting question. I am not a lawyer. Is it at the sitting judges discretion? How big is this story in Rexburg and surrounding areas? I have a mental image of the entire town stopped in their tracks focused Lori and Chad. But in reality I am sure life goes on. There are many people who are super busy with young families, demanding jobs, no interest in keeping up with news or not into true crime. I live in the Midwest and anyone I mention it to either doesn’t know about it or has vague knowledge and their eyes glaze over when I start spouting picayune case details. My other question is if everyone in Rexburg has already formed an opinion, would that be the same for the rest of Idaho? It is going to be fascinating to see how all of these issues play out. I am most interested in the possibility of additional charges. This seems likely since both sides agreed on wanting lots more to prepare for the preliminary hearing. I am stocking up on popcorn before we are confined to our homes!

 

[BigAl16]

So my question is this. -
I can understand why Lori's atty would want to take a shot at a new judge. Maybe a new one would authorize a lower bail? Maybe approve a change of venue? (But what for, really?).
But what motive would the prosecutor have?

Thanks to all you smart folks here who know more about this stuff than I do.

The change in judge is just the defense, not the prosecutor, as I understood what they said. And that is something that either side by itself can do one time unilaterally.

The "both parties agreed" part was wanting to delay the preliminary hearing.

MOO

 

[Picklepuck]

Me too just on my phone. Lol. My husband, said I'm on hear way to much, FBI gonna knock on my door. Lol.

Nah, Lori and Chad are keeping the FBI way too busy. LOL. Tell the hubby to help research and sleuth along with us! The more, the merrier!

 

[CuriousQuiet1]

That is a surprise. 8 weeks to prepare just for probable cause and she has rights to have it next week. Hmm.

8 weeks x 40 hours/wk x 3 law firms x $225/hr (google search of "avg atty fee") = $216,000.

To get to a preliminary hearing? Where is the money coming from?

Edit: to fix bad math.

 

[fuzzybutter]

8 weeks x 40 hours/wk x 3 law firms x $250/hr (google search of "avg atty fee") = $216,000.

To get to a preliminary hearing? Where is the money coming from?

That is a bushel of money! I wonder what kind of retainer they required? Obviously, her attorneys didn’t ask to see proof of deep pockets. I suppose they can just walk away when she runs out of money.

 

[JosefZ]

You're probably correct. However, I also wonder where the jury pool is selected from. Some (many?) places do it based on voter registration, so the numbers might be lower. (A quick search left me with the impression that in Idaho it could be based on voter registration or on driver license issuance or both, depending on the county.) I'm also curious how BYU-I might impact the jury pool. My assumption is that a large portion of that population count is BYU-I students, right? If they count, BYU-I has about 25,000 students, most of which would be included in that count, but a decent percent who aren't registered to vote at all or at least might not be in Madison county (not sure the laws around that for students who consider themselves residents of mom and dad's house). MOO

If they do proceed both sides need to agree to the jury. If it ends up taking umpteen days and they’re still at an impasse then you’re right, a new venue far removed may be necessary. Would then it move to Boise? That would be my guess, MOO.

 

[des2021]

8 weeks x 40 hours/wk x 3 law firms x $250/hr (google search of "avg atty fee") = $216,000.

To get to a preliminary hearing? Where is the money coming from?

I’ve wondered this too. Could the lawyers be taking it pro bono because they basically are getting free advertising by having their names out there? MOO

 

[Dontknow?]

I bet LVD recieved money from JR's insurance meant for Tylee, hands downs, always have. jmo She may have stole a lot more from JR & Tylee.

 

[CuriousQuiet1]

Is LV's oldest son Colby the son of her second husband Joe Ryan? I got the impression when reading an interview with Joe's sister that Joe was only the parent of Tylee. But Colby has his last name...I wonder who the first husband was?

I trust you have an answer from the other replies but I wanted to say questions about husbands and about biological parents should be answered starting with "Welcome aboard. Buckle up now..."

 

[TLG127]

Nah, Lori and Chad are keeping the FBI way too busy. LOL. Tell the hubby to help research and sleuth along with us! The more, the merrier!

Lol, I think he getting ready to call an intervention on me. I am not a big Internet person, but this case caught my attention, after weeks researching I found u guys. I'm so happy I did. Great group, love it. I never thought was going to be this crazy of a case, and I don't think we even hit tip of crazy stuff. These children just horrible my heart breaks, all these missing children in world and the parents actually don't have a clue where they are kidnapped, deceased, hostage,etc and This crazy gloating "mother" not telling where they are, safe or not I cannot wrap my mind around it.

 

[Dontknow?]

dbm.