Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #55

[JolietJake]

My timing was good since I happened to jump on defense attorney Scott Riesch's channel near the tail end of the hearing and he gave his perspective right after the ruling.

Scott said that normally, there should be a certain amount of professional courtesy between attorneys. Unless there was something glaringly unlawful, what the defense was trying to attain was a stretch and this should've never even been brought up as a motion in the first place. If it had to come up, it would best be settled throught the bar association, not the courts. Well, it went before the judge anyway and the end result is that there's nothing to show for it but bad blood between attorneys.

A few days ago, Scott estimated that there would be around 100 hours billing time on this motion alone. Previous to this frivilous thing, I thought of JP as a savvy attorney. MM is another story with his antics but if the defense attorneys continue wasting time with matters like this, unless they are being paid by some unknown money source, these guys will be unaffordable way before actual trials begin.

The beat goes on.......

 

[Colorado303]

Also - just my opinion - but I think this won't be the last we will hear about this. I think Wood staying on the case will continue to cause them unnecessary hurdles to get over on the path to justice.

I could forsee Means & Prior trying now, with many of the witnesses, trying to attack their credibility, question the meetings the prosecutor had with them, trying to really push any reasonable doubt over any pieces of the case to the jury. If the case was so strong, Wood could leave and the case would still be just as strong. I really, really would hate to see him stay and this continue to get in the way of getting justice, because his presence staying on the case, I think, continues to give the Defense more to use to attack the credibility of witnesses, how the investigation was conducted, etc. If Wood left, and they had another prosecutor, at the very least most of those arguments would drop away instantly.

In Closing Arguments today, Defense made it very clear they were going to aggressively investigate what interactions Woods had with other potential witnesses. Their phrasing left the impression they’ll do it whether Woods was replaced or not.

It’s likely they’ll uncover other conversations that cause them to repeat their attempt to have Woods replaced. I suspect they’ll also try to get statements and testimony from impacted witnesses deemed inadmissible. As well as evidence procured as a result of those witnesses’ statements. Most if not all these motions will fail, but not before distracting the prosecution, causing delays and costing defendants and tax payers even more $.

I also bet Defense plans to bring their expert witnesses back at trial, and emphasize in closing arguments jurors need to take Prosecution witness testimony with a grain of salt. Prosecutors will want to nip that in the bud.

Question for our WS Attorneys— Is there an argument Prosecution could use to deem any mention of Wood’s conversation w/Summer inadmissible at trial? It would be nice to take that particular wind out of Defense’s sails.

 

[Leader6518]

My theory is that she wants to falsely throw dirt on the prosecutor.

I think this was as much an attempt to influence the jury pool and perhaps help in their motion to dismiss as it was to get rid of Wood. I don’t think Prior thought for a second that he would be successful. Prosecutors meet with family all the time.

I think SS’s request to meet with the prosecutor was a set up from the beginning. She asked questions and Mr. Wood answered only what is already out in the media. Where he went wrong is calling Means incompetent. He clarified it by saying he wasn’t a criminal lawyer and didn’t know what he was doing.

However, this was not an interview. He met SS at her request. She wanted answers. He chatted with her following her lead and did appeal to her need to help her sister. Mr. Wood knows exactly what LVD’s family is all about. He just didn’t bank on them trying to set him up to get a dismissal.

 

[Leader6518]

Edited to remove a double post

One of the revelations of the secret recording was that apparently ZP has an immunity agreement with the prosecution. I presume this is in regard to the children's case. Why does she need such an agreement and MG doesn't? ZP wasn't in Rexburg when the kids disappeared. I'm skeptical that she volunteered much info to the police, especially if it could harm Lori. She and SS share the same attorney and they accompanied MBP to court, so I'd expect all of them to be on the same page. Perhaps ZP's testimony will help Lori against Chad? Will she blame Alex? I wonder what he told her about the kids. According to IP, Alex and ZP stayed in Vegas after their wedding to "prepare earthquakes". Was it because a distraction was needed to stop the search for the missing children? I think ZP could spin a tale about her role in this case in a number of ways.

I think her testimony is geared towards crimes in AZ.

 

[Leader6518]

Correct. It was even the suggestion from the expert for the defense.

Right. The judge asked the professor if there were any cases he knew of where the prosecutor was removed from the case. The answer was no.

 

[Leader6518]

In Closing Arguments today, Defense made it very clear they were going to aggressively investigate what interactions Woods had with other potential witnesses. Their phrasing left the impression they’ll do it whether Woods was replaced or not.

It’s likely they’ll uncover other conversations that cause them to repeat their attempt to have Woods replaced. I suspect they’ll also try to get statements and testimony from impacted witnesses deemed inadmissible. As well as evidence procured as a result of those witnesses’ statements. Most if not all these motions will fail, but not before distracting the prosecution, causing delays and costing defendants and tax payers even more $.

I also bet Defense plans to bring their expert witnesses back at trial, and emphasize in closing arguments jurors need to take Prosecution witness testimony with a grain of salt. Prosecutors will want to nip that in the bud.

Question for our WS Attorneys— Is there an argument Prosecution could use to deem any mention of Wood’s conversation w/Summer inadmissible at trial? It would be nice to take that particular wind out of Defense’s sails.

Yes prior did threaten the judge that if he didn’t remove Woods he would blow up the case. Who cares about a couple of zombie kids. . I’m not really a fan of bullying

 

[MTW2011]

I think this was as much an attempt to influence the jury pool and perhaps help in their motion to dismiss as it was to get rid of Wood. I don’t think Prior thought for a second that he would be successful. Prosecutors meet with family all the time.

I think SS’s request to meet with the prosecutor was a set up from the beginning. She asked questions and Mr. Wood answered only what is already out in the media. Where he went wrong is calling Means incompetent. He clarified it by saying he wasn’t a criminal lawyer and didn’t know what he was doing.

However, this was not an interview. He met SS at her request. She wanted answers. He chatted with her following her lead and did appeal to her need to help her sister. Mr. Wood knows exactly what LVD’s family is all about. He just didn’t bank on them trying to set him up to get a dismissal.

do you have any sources for that he shared “only what was already in the media”? I remember a lot of speculation about more charges possibly coming but the death penalty being on the table, the State having more evidence against Chad....you saw those in the media before October (when this meeting occurred)? Thank you

 

[BeachSky]

I think this was as much an attempt to influence the jury pool and perhaps help in their motion to dismiss as it was to get rid of Wood. I don’t think Prior thought for a second that he would be successful. Prosecutors meet with family all the time.

I think SS’s request to meet with the prosecutor was a set up from the beginning. She asked questions and Mr. Wood answered only what is already out in the media. Where he went wrong is calling Means incompetent. He clarified it by saying he wasn’t a criminal lawyer and didn’t know what he was doing.

However, this was not an interview. He met SS at her request. She wanted answers. He chatted with her following her lead and did appeal to her need to help her sister. Mr. Wood knows exactly what LVD’s family is all about. He just didn’t bank on them trying to set him up to get a dismissal.

BBM

Yes this!

 

[MsJosie]

I can just imagine what could happen until trial with the defense trying to see what sticks to the wall. Then during trial all shenanigans that will happen. From felon arias and Anthony’s trials it’s easy to imagine. How frustrating for the Children’s Families and State.

A word of advice to the State team.....don’t even blink an eye, turn your back, or cough the defense will come out looking for you.

I just want justice for the Children.

 

[indicolite22]

I think her testimony is geared towards crimes in AZ.

Wood is not in charge of that investigation, so it must have been related to the children.

 

[indicolite22]

Evans is the Deputy Prosecutor. My guess is no way he'd get it. The defense would get someone really chomping at the bit for this with plenty of experience which is another reason I don't understand their logic. Scott Reisch has spoken about this a fair amount as well

Scott Reisch called this a nothing burger from the start. He also said that the motion to disqualify could backfire and harm the defense later.

 

[Forever Young]

do you have any sources for that he shared “only what was already in the media”? I remember a lot of speculation about more charges possibly coming but the death penalty being on the table, the State having more evidence against Chad....you saw those in the media before October (when this meeting occurred)? Thank you

I was bothered by the prospect that Prior raised that the same conversation could have taken place with MG and DW. We can do without Summer for a witness, but what about the other two?

 

[Forever Young]

 

[indicolite22]

I was bothered by the prospect that Prior raised that the same conversation could have taken place with MG and DW. We can do without Summer for a witness, but what about the other two?

Hasn't MG already testified that she hadn't been coached by Wood? From my POV, SS is a hostile witness (she has Lori's best interest at heart), while MG and DW are not.

 

[indicolite22]

Crime Talk LIVE: Vallow-Daybell Remote Hearing

Scott Reisch's final commentary at 3:59:46:

 

[MTW2011]

I like Scott’s analysis but I also found some of his wording odd. He said the Court agreed with him that “nothing rose to the level of, that would require any kind of sanction that would require Mr Wood to get off the case whatsoever”. A big part of the State’s closing argument was that any issues regarding possible misconduct go through the Bar Association and not the Courts. Scott also said that there may already be a “companion case” being looked at for this situation by the Bar, even though the Judge said that he believes nothing has happened with them yet & and if it does then the court would be notified- so I’m not sure where Scott got that from. I also thought he focused most on m”did this discussion affect Summer’s testimony, or would it in the future”, rather than focusing on just the conduct itself.


I think it’s really interesting, now we have Scott Reisch who didn’t think there ever was any issue with this (and that it is the Defense who may get in trouble later on from this), alongside multiple defense attorneys and a prosecutor on CourtTV who said, essentially, this type of situation was just asking for potential issues to come up, and even that first year law students would learn how and why to avoid situations like this. Scott seemed to take a dig at CourtTV as he questioned when was the last time any of them were actually in a court room. It’s really interesting to see various professionals with similar backgrounds all come up with vastly different opinions on this.

 

[Niner]

So... no next court date? Or will it be 6/2/21? TIA!

Thanks to all who posted on the hearings!

 

[Tortoise]

Hasn't MG already testified that she hadn't been coached by Wood? From my POV, SS is a hostile witness (she has Lori's best interest at heart), while MG and DW are not.

BBM I'm not sure she is. I may have misheard but I thought the State asked for SS's testimony yesterday, which suggests to me that they know it would have assisted the State. MM and JP reacted very loudly to that request, and to have the judge deny the request.

IMO this wasn't about influencing a "vulnerable" witness. No harm was caused to the defendants and as there is no other person to point the finger at, because their clients are not talking and turning on each other, because it's impossible that either one wasn't aware, there is no defense to work on.

MOO

 

[Tortoise]

So... no next court date? Or will it be 6/2/21? TIA!

Thanks to all who posted on the hearings!

The judge said they would get together over the calendar next week, to set a date for the other motions.

 

[indicolite22]

BBM I'm not sure she is. I may have misheard but I thought the State asked for SS's testimony yesterday, which suggests to me that they know it would have assisted the State. MM and JP reacted very loudly to that request, and to have the judge deny the request.

IMO this wasn't about influencing a "vulnerable" witness. No harm was caused to the defendants and as there is no other person to point the finger at, because their clients are not talking and turning on each other, because it's impossible that either one wasn't aware, there is no defense to work on.

MOO

SS might be flip-flopping on purpose. In the conversation she was generally agreeing with the prosecutor, and then she allowed her attorney to use the recording against him. In the next step, she'll act innocent again. I would be very cautious about her (or ZP's) "cooperation". Not that I think that they have anything against her in this case - Wood even told her so. As a result of this motion, she might not be called as a witness in the trial. In that sense, JP's bullying tactic might have worked. MM was just hurt for being called incompetent (that part was unprofessional). Again, I believe Wood tried to get to Lori through SS, because he needs her to flip on Chad. Otherwise offering new info and his opinions (about Chad and MM) to SS was just unnecessary.