Justin Lum Fox 10 Phoenix
20 mins ·
SUBPOENA: Lori Vallow’s attorney Mark Means has now filed a subpoena for Madison Co. Sheriff’s Dept. The request is for records from the agency regarding Lori Vallow, including all communications. Specifically recordings of LV speaking to LE & counsel since 2/20/20.
Means wants a list of everyone employed with MCSD involved with custody and supervision of Vallow. He even asks for work schedules of deputies and agents. The list goes onto request communication between department and anyone associated with Madison County Prosecutor’s Office, Madison County Court, Rexburg Police and Fremont County Prosecutor’s Office.
Random thoughts/questions/comments/ramblings
This is a very interesting grasping at straws approach.
I wonder if he has sent similar requests to the other jurisdictions that are involved in the 4 death investigations. Presumably, he'll be told no, they are active investigations and not relevant to the case at hand.
The one phone call that was accidentally recorded then deleted is a bit worrying. Wonder if he's concerned about what was said in that call, and he's trying to ascertain if anyone else heard it. Looking for a technicality to get his client off/out? Why now, why didn't he ask a couple weeks back when it happened?
Could anyone see where footnote 2 and 3, at the bottom of page two relate?
Very interesting, he's looking to obtain all MCSD employees personal communication as well. Is this common? I would think he would need some serious justification for this. This is a no fishing zone!
Why, May 8th at 1pm, that's the afternoon of the second day of the scheduled hearing! Perhaps LVD/CD will give him access to their portal so he can be in Rexburg and Meridian at the same time. Alternatively, this could just be the earliest date he can request information.
Any day now we should be seeing the request for a delay from the preliminary hearing due to the volumes on information he and 1 man band have to wade through.
Sorry - feeling a bit snarky today.
Idaho Criminal Rule 5.1. Preliminary Hearing; Probable Cause Finding; Discharge or Commitment of Defendant; Procedure
(a) Preliminary Hearing. Unless indicted by a grand jury, a defendant charged in a complaint with any felony is entitled to a preliminary hearing. If the defendant waives the preliminary hearing, the magistrate must immediately file a written order in the district court requiring the defendant to answer. If a waiver of preliminary hearing form is used, the waiver form must be the Supreme Court waiver of preliminary hearing form found in Appendix A of these rules. If the defendant does not waive the preliminary hearing, the magistrate must schedule a preliminary hearing within a reasonable time, but in any event not later than 14 days following the defendant's initial appearance if the defendant is in custody and no later than 21 days after the initial appearance if the defendant is not in custody. Time limits in this subsection may be extended with the consent of the defendant and on showing of good cause, taking into account the public interest and prompt disposition of criminal cases. In the absence of consent by the defendant, time limits may be extended only on a showing that extraordinary circumstances exist. Extraordinary circumstances include disqualification of the magistrate by the defendant pursuant to Rule 25.