GUILTY TRIAL OF CHAD DAYBELL CHARGED WITH MURDER OF JJ VALLOW, TYLEE RYAN AND TAMMY DAYBELL #7

[MTW2011]

I’m interested to see if the Court will now appoint the death penalty qualified attorneys (and ancillary staff) he is entitled to since it’s a DP case and the Judge found him to be indigent. Doesn’t seem to matter if Chad wants Prior as his current attorney when the Rules state that Prior does not meet the qualifications to handle the penalty phase of this trial.

I keep worrying that this could be a big loophole opened on appeal, that the Court deemed the defendant indigent but did not appoint him the attorneys the law says he’s entitled to. The death penalty being on the table seems to only up the ante (and my concern that such an issue could be explored heavily on an appeal - what could be worse than the Court saying you’re entitled to qualified counsel but then not appointing them for your death penalty trial? Would a higher Court be OK with unqualified counsel representing someone, isn’t “death is different” something that comes to mind?) just my opinion/2 and a half cents.

 

[k-mac]

Big SHOUT OUT to Nate Eaton.
What a thorn in Chad's side he was.

Walking along beside them in Hawaii....the dead silence.... where's the kids Lori???
That's a lot of cash you got in your bag there Lori!!



and then......
the chopper!!
the day they found the kids at chad's.

magnificent.

 

[KonaHonu]

I’m interested to see if the Court will now appoint the death penalty qualified attorneys (and ancillary staff) he is entitled to since it’s a DP case and the Judge found him to be indigent. Doesn’t seem to matter if Chad wants Prior as his current attorney when the Rules state that Prior does not meet the qualifications to handle the penalty phase of this trial.

I keep worrying that this could be a big loophole opened on appeal, that the Court deemed the defendant indigent but did not appoint him the attorneys the law says he’s entitled to. The death penalty being on the table seems to only up the ante (and my concern that such an issue could be explored heavily on an appeal - what could be worse than the Court saying you’re entitled to qualified counsel but then not appointing them for your death penalty trial? Would a higher Court be OK with unqualified counsel representing someone, isn’t “death is different” something that comes to mind?) just my opinion/2 and a half cents.

I think Chad will die of natural causes because there are so many appeal issues IMO. I'm not saying the judge erred, just that I think there were numerous issues that will be cause for review including the judge going against the Idaho Supreme Court rules on jury instructions and correcting a clerical error that he did not seem to have authority to do. (The statute/rule gives the Court authority to correct errors in its own documents, not those filed by the prosecution.) Ultimately I am confident the conviction will be upheld but it will likely take decades to get through the appeals process.

 

[mrjitty]

Big SHOUT OUT to Nate Eaton.
What a thorn in Chad's side he was.

Walking along beside them in Hawaii....the dead silence.... where's the kids Lori???

RSBM

One of the greatest WHAT THE ACTUAL moments

 

[Kemug]

I think Chad will die of natural causes because there are so many appeal issues IMO.

Is it very wrong of me to hope that it will be something painful?

 

[Artis]

Big SHOUT OUT to Nate Eaton.
What a thorn in Chad's side he was.

Walking along beside them in Hawaii....the dead silence.... where's the kids Lori???
That's a lot of cash you got in your bag there Lori!!



and then......
the chopper!!
the day they found the kids at chad's.

magnificent.

Nate has been absolutely awesome. I hope he does a multi part documentary on all this.

 

[MissTilly]

Nate has been absolutely awesome. I hope he does a multi part documentary on all this.

i would love for him to write a book
i’d buy it!
moo

 

[Niner]

Friday, May 31st:
*Trial continues (Day 33)/Penalty Phase (@ 8:30am 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) & Tamara “Tammy” Michelle Douglas Daybell (49) (died on Oct. 19, 2019 at her residence in Salem, ID; dob 5/4/70). – *Chad Guy Daybell (53/now 55) arrested (6/9/20) & indicted (5/25/21) & charged (5/26/21) & arraigned (6/9/21) 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, 49, died 10/19/19): Conspiracy to commit 1st degree murder. Count 6 (for Tammy): 1st degree murder. Count 8 & 9: Insurance Fraud (Two counts of insurance fraud related to 2 different life insurance policies he had on Tammy). Plead not guilty. No bond. DA will seek DP. (Judge denied removing DP 3/14/24). Fremont County
Trial began on 4/1/24 with final jury selection & ended on 4/8/24. Jurors: 12 jurors & 6 alternates. [10 men & 8 women]. 5/2/24: Juror dismissed due to illness. Now: 12 jurors & 5 alternates. [No gender count].
Jury will be sequestered during deliberations in the guilt phase thru the penalty phase.
Trial began on 4/10/24. Court hours are 8:30am to 3pm Monday-Friday. Trial is being held in Ada County. State rested their case on 5/16/24. Defense began their case on 5/20/24 & ended on 5/23/24. State’s rebuttal case started 5/23 & ended 5/28/24. Closing arguments on 5/29/24.
Verdict Watch: Jury deliberations day 1 (5/29/24) ~2 hours. Day 2 (5//30/24): started @ 8am to 10am/11:10am to 1pm. ~1 hours 50 minutes. TOTAL Deliberations: ~5 hours & 50 minutes.
VERDICT: Guilty on ALL charges.
An hour recess & penalty phase will begin.
Judge Steven W. Boyce presiding. Prosecutors: Fremont County Prosecuting Attorney Lindsey Blake, Madison County Prosecuting Attorney Rob Wood, Special Attorney General Prosecutor Ingrid Batey & Fremont County Deputy Prosecuting Attorney Rocky Wixom & defense attorney John Prior.
Court info from 6/10/20 thru 3/29/24 & Jury Selection Days 1-6 (4/1-4/6/24) & thru 4/9/24 & Trial Days 1-31 (4/10-5/29/24) & Jury Deliberations Day 1 (5/29/24) reference post #295 here:
https://www.websleuths.com/forums/t...tylee-ryan-and-tammy-daybell-7.713735/page-15
5/20/24 Thursday, Trial Day 32/Verdict Watch Day 2: *Jury continues deliberations. Started at 8am & ended 10am.
*Judge Boyce is on the bench. He says the court received a jury question. The jurors identified a missing instruction & Judge Boyce spoke about it with the attorneys. The court has drafted a missing instruction. Boyce says the new instruction – #42 – has been drafted & the judge will now read it to the jury. Defense & prosecution have no objection to having the new instruction read. Jury back to deliberation at 11:10am & ended at 1pm MT.
VERDICT: Guilty on All charges.
*The same jury will decide life or death. Judge Boyce says the jurors will decide the schedule going forward & court could be held on weekends.
*Judge Boyce read preliminary instructions & witnesses will begin in the penalty phase tomorrow, 5/31/24 @ 8:30am.
For more info on direct see post #355 here:
https://www.websleuths.com/forums/t...tylee-ryan-and-tammy-daybell-7.713735/page-18
Trial continues on Friday, 5/31/24 with Penalty Phase.

 

[KonaHonu]

Is it very wrong of me to hope that it will be something painful?

Even if it's wrong, you will have a lot of company!

 

[Niner]

I hate when I make mistakes & can not edit my post - the Trial day 32 - should have read 5/30/24 - not 5/20....

 

[ConundrumPonderer]

i would love for him to write a book
i’d buy it!
moo

I agree! Nate could write the journalistic book of record about this case. Come on Harper Collins, sign this man up.
IMO

 

[aafromaa]

SBM

If he really believes in multiple probations, his holy mission, that he can see beyond the veil etc, I can't see why he'd bother to stick around for this long, boring part of his spiritual destiny.

JMO

Perhaps he is a zombie and has to die before he can be released to his next probation.

 

[aafromaa]

Ah, what a lovely thing to wake up in the morning and see GUILTY in the thread header.

And six hours! Bang on what Lori's jury took. So my guess that it might be a similar time was right on.

No idea how long sentencing will take, though. I think he deserves the DP, but he might get LWOP because the jury might feel they should match his sentence to Lori's.

MOO

I’m not sure that the jury knows LVD’s sentence but they are not supposed to consider it even if they do know it.

 

[iamshadow21]

I’m not sure that the jury knows LVD’s sentence but they are not supposed to consider it even if they do know it.

Yeah, but shoulda woulda coulda. We can know what SHOULD happen in a jury room. And then we can look at cases where the verdict or sentence has nothing to do with the actual facts, but instead feelings.

Jurors are humans.

MOO

 

[Nikynoo]

I’m interested to see if the Court will now appoint the death penalty qualified attorneys (and ancillary staff) he is entitled to since it’s a DP case and the Judge found him to be indigent. Doesn’t seem to matter if Chad wants Prior as his current attorney when the Rules state that Prior does not meet the qualifications to handle the penalty phase of this trial.

I keep worrying that this could be a big loophole opened on appeal, that the Court deemed the defendant indigent but did not appoint him the attorneys the law says he’s entitled to. The death penalty being on the table seems to only up the ante (and my concern that such an issue could be explored heavily on an appeal - what could be worse than the Court saying you’re entitled to qualified counsel but then not appointing them for your death penalty trial? Would a higher Court be OK with unqualified counsel representing someone, isn’t “death is different” something that comes to mind?) just my opinion/2 and a half cents.

IIRC, the rule only applies to those defence attorneys appointed by the state. Chad has retained Mr Prior personally, so my understanding is that this rule does not apply.

 

[Nikynoo]

I think Chad will die of natural causes because there are so many appeal issues IMO. I'm not saying the judge erred, just that I think there were numerous issues that will be cause for review including the judge going against the Idaho Supreme Court rules on jury instructions and correcting a clerical error that he did not seem to have authority to do. (The statute/rule gives the Court authority to correct errors in its own documents, not those filed by the prosecution.) Ultimately I am confident the conviction will be upheld but it will likely take decades to get through the appeals process.

IMO the amendment to the clerical error was correct. Logically, you cannot correct something that should not be corrected in the first place. In respect to the change in jury instructions, IMO Boyce made the right decision on that too. To amend jury instructions at the end of a trial may have confused the jury.

 

[Nikynoo]

Larry Woodcock said that it didn't matter to him whether Chad got the DP or not. LWOP would be okay with him. One difference for Chad would probably be isolation. That could be seen as a punishment or a reward. I don't know if he would prefer to be among the general prison population, but he might. He needs an audience.

I think Chad prefers his audience to be women though..............

 

[aafromaa]

I’m interested to see if the Court will now appoint the death penalty qualified attorneys (and ancillary staff) he is entitled to since it’s a DP case and the Judge found him to be indigent. Doesn’t seem to matter if Chad wants Prior as his current attorney when the Rules state that Prior does not meet the qualifications to handle the penalty phase of this trial.

I keep worrying that this could be a big loophole opened on appeal, that the Court deemed the defendant indigent but did not appoint him the attorneys the law says he’s entitled to. The death penalty being on the table seems to only up the ante (and my concern that such an issue could be explored heavily on an appeal - what could be worse than the Court saying you’re entitled to qualified counsel but then not appointing them for your death penalty trial? Would a higher Court be OK with unqualified counsel representing someone, isn’t “death is different” something that comes to mind?) just my opinion/2 and a half cents.

I think the rules have been mis-stated… It is my understanding that there is no law or rule that requires an indigent person to accept an attorney appointed by the court even in a DP case and that there is no law or rule that requires a privately hired attorney to be death penalty qualified.

Even though JP tried to get off the case shortly before trial, both he and CD took that argument off the table during the hearing on the matter when JP said he didn’t want to be off the case & CD said he wanted to keep JP as his attorney. They both knew it was a DP case when CD hired JP and if JP had a concern about taking a DP case that’s when it should have been addressed by JP. If CD had changed his mind leading up to the trial and wanted a DP qualified attorney appointed then he should have said that in the hearing - instead JP said CD didn’t want him off the case and he didn’t want to be off the case and CD said he wanted JP to remain as his attorney.

There are no grounds for appeal here. I’m sure CD will have a new attorney for his appeal because JP won’t keep working for free now that he has gotten everything CD had left and gotten the name recognition of being involved with this case, but I’m sure a new attorney will tell CD that dog won’t hunt regarding an appeal based on not having a DP qualified attorney. Now they might be able to argue ineffectiveness of counsel because JP was in over his head with his first DP case but as many have pointed out here, JP did everything he could in this case to defend his client. He wasn’t out-lawyered - there was simply too much evidence to overcome.

Though I thought his closing was poor and am not sure if that was battle fatigue or he was intentionally trying to set up a possible ineffective counsel argument for an appeal for CD. But even with a poor closing and possibly a weak defense to be presented in the penalty phase coming up, it is unlikely an ineffective counsel appeal would be successful since he showed himself to be a competent attorney throughout years of pre-trial motions and hearings and during this trial. There were no signs that JP was overwhelmed by the challenge of a DP case or even overwhelmed by the workload of being the only attorney on the defense. He was overwhelmed by the the evidence and testimony and lost his case. That doesn’t make him ineffective - that makes him a lawyer with a guilty client.

I do wonder whether he might have grounds for appeal based on his co-conspirator not having been eligible for the DP but if that appeal were to be successful I think the cure for it would be to convert the sentence to LWOP on multiple counts and considering how long it takes to carry out a DP anyway I would be just fine with that too. I am convinced that CD will spend the rest of his life in behind bars and then either be executed or die in prison.

Unless of course that earthquake he’s been waiting on hits the prison and opens the prison doors and allows him to escape….

 

[Nikynoo]

While I am very happy about the verdict and it is what I expected (like pretty much everyone here I think), I am still left wondering what really happened.

I don't think Chad has the guts (because I'm not allowed to name the body part I really mean) to actually kill anyone. I remain convinced Alex did all the "wet work."

I am not completely convinced there was an actual plan in the sense that there was an agreement to commit a crime. But I do think both Chad and Lori manipulated Alex and each other toward making thing happen that paved the way for them. Is manipulation an agreement as the conspiracy statute requires? I don't know.

I'm not arguing the verdict is wrong or that they are innocent. I would just love to know what actually happened. While this crew took some precautions against leaving evidence, they simply were not that good at it. So the lack of anything truly incriminating bothers me. Yes, there is plenty of evidence of an affair and of fantasizing about people dying but very little of any actual planning beyond Alex.

Again, I'm very happy with the verdict and am hoping he gets the death penalty. But I am disappointed that we will likely never know what really happened.

I am researching what it takes to move to Idaho and volunteer for the firing squad...but alas, I will probably be dead before Chad is executed. But if it is soon, I hope Larry and Kay get the bullet casings!

Dont be despondent. I agree that we may never know exactly what happened. The evidence in this case is three people dead, who shouldn't be. It is clear that Alex did not commit these murders undirected, and that Chad and Lori either had a hand in each murder or directed Alex to do so. IMO, Lori killed both Tylee and JJ, both being not part of the 144k, manuiplated by Chads beliefs. IMO, both Chad and Alex killed Tammy, this time Chad being manipulated by Lori. Alex was the 'clean up' guy. I often wonder if Alex had lived, what his story would have been and whether the verdicts would have been different. Perhaps 'divine intervention' wanted this to play out the way it did.

 

[Nikynoo]

In a way JP's ridiculous claims helped the prosecution. I don't know if we would be thanking him for his service if lying helped Chad get away with it.

During the defence closing, Prior dug a hole deep enough for the jury to throw Chad into. IMO.