Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Rexburg, Sept 2019 *Arrests* #56

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  • #381
I think the prosecutor filed both. I've started to notice that he starts his motions with Vallow in all caps on her side and Daybell in all caps on his side and files in both cases. MM and JP only file in their respective cases. MOO

Autopsy reports? JMO
 
  • #382
Google says ex parte means in the interest on one side only, or with respect or in the interest of one side only.

So in the interest of the prosecution only?

JMO - I think more charges are coming - I think the Grand Jury has sanctioned those charges and that is why the motions were vacated. Means looked positively devastated after the break out. I thought the prosecutor looked self-satisfied. I also thought that Prior looked hmmm... artificial and falsely insecure? I think the state will dismiss these charges and proceed with charges of appropriate severity against both. It could be there is a plea deal coming (Chad turning on LV) but given the sealing order, I think it is because of direction from the Grand Jury. I am totally waiting, fingers crossed!

I think you two might be on to something.

From Wiktionary:

Etymology[edit]
From Latin ex parte ("from [one] part").

Adjective[edit]
ex parte (not comparable)

  1. (law) Of, relating to, or characteristic of a proceeding where one of the involved parties is not present. one-sided
Adverb[edit]
ex parte (not comparable)

  1. (law) In the manner of a proceeding where one of the involved parties is not (or sometimes may not be) present.
    Grand juries are conducted ex parte; neither the suspect nor his attorney may attend.

    ex parte
"How a grand jury works is much more relaxed than normal court room proceedings. There is no judge present and frequently there are no lawyers except for the prosecutor. The prosecutor will explain the law to the jury and work with them to gather evidence and hear testimony. Under normal courtroom rules of evidence, exhibits and other testimony must adhere to strict rules before admission. However, a grand jury has broad power to see and hear almost anything they would like.

However, unlike the vast majority of trials, grand jury proceedings are kept in strict confidence. This serves two purposes:

  1. It encourages witnesses to speak freely and without fear of retaliation.
  2. It protects the potential defendant's reputation in case the jury does not decide to indict."
How Does a Grand Jury Work? - FindLaw
 
  • #383
Local update: MM is at the women’s detention center today.
 
  • #384
Things are getting interesting. I wonder what's going on.

I thought JP was chuckling when the switch or whatever wasn't taking them into the Blockout room. Have I got the right descriptor for it? I was chuckling myself I must admit during that little episode.

I feel LV seems to think she's untouchable and hope that CD Rolls her under the bus.

A thought came to me the other day about LV. She had read some of his books a long time ago, now did she see exactly how many he had written? IMO she saw $$$$. Oh yes she did. The author, a famous author in her eyes, after all, LV had seen them all on Amazon. I COULD SEE THE GLINT IN HER EYES. She had to get to him and win him and his $$$$, that she fully expected him to have. Oh, what a lavish life she could have. JMO
 
  • #385
Autopsy reports? JMO
Hi CSI. Good to see you here. Why would there be a protective order for the autopsy reports? Are you thinking the prosecutor filed so that CD and LV could not get their hands on the autopsy report.
 
  • #386
I am confused. I thought it was the defense lawyers who filed the motions for Ex Parte not the prosecutor.
Does this mean the defense came across info that they have to disclose but does not want the prosecutor to hear/see it?
 
  • #387
Haven’t started this yet but wanted to share:

ETA: for anyone who wants cliff notes, basically he doesn’t know what’s going on yet either as he’s never seen this in a criminal proceeding.
 
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  • #388
Haven’t started this yet but wanted to share:

ETA: for anyone who wants cliff notes, basically he doesn’t know what’s going on yet either as he’s never seen this in a criminal proceeding.

To add to the cliff notes, it was JP & MM that filed the motions and not the prosecutor
 
  • #389
  • #390
  • #391
To add to the cliff notes, it was JP & MM that filed the motions and not the prosecutor

Could they be being called as witnesses before a grand jury?

(Everytime I come up with a theory, I'm just sure I've got it, this time)
 
  • #392
  • #393
I am going to respectfully disagree with SR's assessment that it was the defense that filed these ex parte motions. I think the docket is pretty clear that it was the prosecutor and it would be a stretch that MM or JP would mimic his filing methods to make it appear that he filed instead of them. If we take a small portion of LV's docket as an example I will color code who filed what:

  • 03/01/2021 Summary of Expected Expert Testimony

    Comment
    Supplemental Expert Witness Disclosure RE: IRON WOOD (defense)

  • 03/01/2021 Notice

    Comment
    Notice of Service RE: Disclosure of Witnesses & Exhibits for Motion to Transfer Trial (defense)

  • 03/02/2021 Motion

    Comment
    VALLOW. Motion in Limine (prosecutor)

  • 03/02/2021 Motion

    Comment
    VALLOW. Motion in Limine (prosecutor)

  • 03/02/2021 Motion

    Comment
    VALLOW. Motion to Compel (prosecutor)

  • 03/02/2021 Order

    Comment
    RE: Motion to Compel (judge)

  • 03/02/2021 Notice of Remote Hearing

    Comment
    Amended and Redacted (judge)

  • 03/03/2021 Response to Request for Discovery

    Comment
    VALLOW. Response to Specific Request for Discovery (prosecutor)

  • 03/04/2021 Miscellaneous

    Comment
    2nd Notice of Service RE: Disclosure Exhibits For Motion to Transfer Trial (defense)

  • 03/06/2021 Brief Filed

    Comment
    VALLOW. Brief in Support of the State's Motion in Limine (prosecutor)
Then if we compare that to this recent filing I think its clear it was RW that filed:

03/11/2021 Motion

Comment
VALLOW. Motion for Ex Parte Protective Order

The rest of his analysis is very illuminating. Maybe it is autopsy reports or something else that he doesn't want the defendants to take copies of or discuss with other people (family members maybe)? Again, why it was filed ex parte is a huge mystery, I just think it has to be something game-changing. This is MOO
 
  • #394
Don’t forget Lori bought the weddings rings 2 weeks before Tammy died .
I hope they found something telling when they exhumed TD.
Report: Lori Vallow Daybell’s wedding ring was bought on Amazon 17 days before Tammy Daybell died


MOO
She bought the ring close to the paintball incident. I have always wondered if she called it a "paint ball incident" because Chad told her it was a paint ball incident. Could it have been a gun that was aimed at her? I wouldn't know the difference, having never seen a paintball gun. Chad surely didn't want her telling people someone pointed an actual gun at her.
 
  • #395
She bought the ring close to the paintball incident. I have always wondered if she called it a "paint ball incident" because Chad told her it was a paint ball incident. Could it have been a gun that was aimed at her? I wouldn't know the difference, having never seen a paintball gun. Chad surely didn't want her telling people someone pointed an actual gun at her.

B
BM

Tammy Daybell reported a masked man shot at her with a paintball gun 10 days before her 'suspicious' death - East Idaho News

“Something really weird just happened, and I want you to know so you can watch out,” Daybell wrote. “I had gotten home and parked in our front driveway. As I was getting stuff out of the back seat, a guy wearing a ski mask was suddenly standing by the back of my car with a paintball gun. He shot at me several times, although I don’t think it was loaded. I yelled for Chad and he ran off around the back of my house.”


So no “paintball” pant to be found.
If this was AC he appears to be a bad at shooting at a couple of ppl.
Interesting how the shooter & Chad are not together in the same space tho ...

JMO
 
  • #396
I am going to respectfully disagree with SR's assessment that it was the defense that filed these ex parte motions. I think the docket is pretty clear that it was the prosecutor and it would be a stretch that MM or JP would mimic his filing methods to make it appear that he filed instead of them. If we take a small portion of LV's docket as an example I will color code who filed what:

[Excellent analysis trimmed for space]

The rest of his analysis is very illuminating. Maybe it is autopsy reports or something else that he doesn't want the defendants to take copies of or discuss with other people (family members maybe)? Again, why it was filed ex parte is a huge mystery, I just think it has to be something game-changing. This is MOO

Agree with your conclusions; the first thing that came to my mind was protecting a witness.
 
  • #397
Agree with your conclusions; the first thing that came to my mind was protecting a witness.

Does anyone know what the potential ethical implications might be of a defense attorney essentially being a landlord over a potential witness to the crimes in this case? I'm not insinuating there may be anything improper in that, I just don't know how often it is that an attorney will put a lien on/get a deed to a house that is also occupied by a potentially significant witness to the crimes. She was a neighbor prior to occupying the house. Thinking out loud, MOOOOOO
 
  • #398
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  • #399
Does anyone know what the potential ethical implications might be of a defense attorney essentially being a landlord over a potential witness to the crimes in this case? I'm not insinuating there may be anything improper in that, I just don't know how often it is that an attorney will put a lien on/get a deed to a house that is also occupied by a potentially significant witness to the crimes. She was a neighbor prior to occupying the house. Thinking out loud, MOOOOOO

*scratches head* dunno. Interesting concept. I'm trying to recollect... that it is a known fact that his house was put under the defense/given to him like a quit claim for Prior's services? I think that indeed is a fact from my recollection.

I guess he didn't want to do like Amy Fischer, who signed a deal for 2 million to cover hear bail waaaaaaaaaaaaaaay back with the rights to her story/tell all during the Buttofuco cluster... as the Son of Sam law was declared unconstitutional just months before that trial.

MOO

Yet 10% for bail differs from paying the entire lawyer fees... so then we move to what Casey did with Baez?? Jeeez....
 
  • #400
Just wondering. Is it possible CD and LV ‘s fingerprints have been discovered on duct tape used on JJ? Would that prompt the ex-parte? Wild guess and IMOO.
 
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