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

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wnk said:
Reviewing Idaho law and the sentencing instructions I don't see how the jury could possibly not impose the death penalty.

[7a] If the jury finds that a statutory aggravating circumstance exists and no mitigating circumstances exist which would make the imposition of the death penalty unjust, the defendant will be sentenced to death by the court...
[9] The following are statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed:
[9b] At the time the murder was committed the defendant also committed another murder.
[9d] The murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration.
[9e] The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.
[9f] By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life.
[9h] The murder was committed in the perpetration of, or attempt to perpetrate... ritualized abuse of a child... and the defendant killed, intended a killing, or acted with reckless indifference to human life.

Section 19-2515 – Idaho State Legislature

legislature.idaho.gov legislature.idaho.gov

If you unanimously find that the State has proven the existence of [the] [a] statutory aggravating factor, then you must so indicate on the verdict form. You must also then consider whether any mitigating circumstances exist that make the imposition of the death penalty unjust...

A mitigating factor is any fact or circumstance, relating to the crime or to the defendant’s state of mind or condition at the time of the crime, or to [his] [her]character, background or record, that tends to suggest that a sentence other than death should be imposed. A mitigating factor does not have to constitute a defense or excuse or justification for the crime, nor does it even have to reduce the degree of the defendant’s blame for the crime. In that regard, my instructions given at the end of the trial that you were not to allow sympathy for the defendant to enter your deliberations do not apply at this sentencing proceeding. Mitigating factors may include any fact or circumstance that inspires sympathy, compassion or mercy for the defendant. Evidence supporting the existence of a mitigating factor may come from the trial or this sentencing hearing, whether produced by the defendant or the state...

Additional evidence may be presented during the sentencing hearing. You may also consider the evidence presented during the trial...

The Defendant has the right to personally address you. This is called the “right of allocution.” Allocution is not made under oath and is not subject to cross examination. The law provides that these statements are something that the defendant is allowed to present to you as mitigation. You may consider these statements in your deliberations...


I don't know what mitigating factors the Defense could even try to present at this point. He's been excommunicated, so "he's an asset to his church community" is out. His kids showed such a lack of emotion regarding Tammy's death that I don't think them pleading in his favor would garner much sympathy (plus, they're all adults now; not like he's going to leave underage children for someone else to care for.) His own lack of remorse (or really, ANY emotion at all, aside from smugness and contempt) isn't going to ingratiate anyone to him, either, if he were to speak on his own behalf.

ETA: I think the only argument that could possibly be made, IMO, is that an equally culpable co-conspirator (LVD) is not going to be punished by death.
Click to expand...
The statutory aggravating circumstances the State has claimed:

A - The murder was committed for remuneration or the promise of remuneration (Tylee)
B - The murder was committed for remuneration or the promise of remuneration (JJ)
C - The murder was committed for remuneration or the promise of remuneration (Tammy)
D - The murder was especially heinous, atrocious or cruel (Tylee)
E - The murder was especially heinous, atrocious or cruel (JJ)
F - The murder was especially heinous, atrocious or cruel (Tammy)
G - By the murder... the defendant exhibited utter disregard for human life.
H - The defendant, by his conduct... has exhibited a propensity to commit murder which will probably constitute a continuing threat to society.

Note: The jury only has to find ONE aggravating circumstance.
 
fred&edna said:
Honestly, from what I've read/heard about death row vs reg prison... I think I'd rather spend what's left of my time on death row. But, my info has been very sparse and could be incorrect.

jmo
Click to expand...
Death Row can be very isolating — he will likely be in a cell by himself (no cellmates/bunkies) and not be allowed much interaction with other inmates. At least in a few other US states I am aware of, Death Row is very much like solitary confinement. Which is known to have negative and severe psychological effects.
 
loreet said:
Death Row can be very isolating — he will likely be in a cell by himself (no cellmates/bunkies) and not be allowed much interaction with other inmates. At least in a few other US states I am aware of, Death Row is very much like solitary confinement. Which is known to have negative and severe psychological effects.
Click to expand...
Emma told us he is very introverted, so it probably suits him fine.
 
fred&edna said:
Honestly, from what I've read/heard about death row vs reg prison... I think I'd rather spend what's left of my time on death row. But, my info has been very sparse and could be incorrect.

jmo
Click to expand...

Yes. Own room, no job, CD can just sit and write to his heart content. Just gets "waited" on, his food is brought to him, like he is a king.
mix106radio.com

What's Life Really Like for Idaho's 8 Death-Row Inmates?

Is it as bad as we imagine?
mix106radio.com mix106radio.com

No DP, he won't be "special", have a roomie, a job, maybe doing laundry, cleaning.
 
AND the defense is once again annoying everyone. It does NOT take 2 parents. Is it often better, yes. Is it usually ideal to have both parents Yes. Is it the only way kids get raised up great? NO I know plenty of amazing strong single parents that do this all alone and their kids are fabulous.

I'd like to point out that 2 of Chad's "amazing" children got on the stand and lied for him.

What an insult already talking about Tammy and Chad meeting and how it took both of them to make amazing kids. Gross. His client killed 2 children and had his own children lie for him. Sorry sir, but your client did nothing to make his children great and what little he did do was wiped out when he rated 2 innocent children as dark. That was the equivalent of sending them to their slaughter.
 
Victim Statement #1: RON DOUGLAS (Tammy's father)

Short statement. He sounded so sad talking about how Tammy's death has impacted his relationship with his grandchildren.
 
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