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

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  • #701
DBM. Nevermind.
 
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  • #702
Jmo, Seperate trials? It would make sense to bring in another prosecutor if that's the case.
All of you on here are wonderful you bring so many facts and good theorys. I do not always have time to do the research but I know if I come on here I will get good information. Thanks all!
 
  • #703
  • #704
  • #705
I've just seen this tweet from yesterday, by Eric Grossarth/EIN https://twitter.com/ericgrossarth/status/1374116449891934209


"District Judge Steven Boyce determined that veteran homicide attorney Rachel Smith can join the prosecution team against #ChadDaybell. However, it is not yet determined in the case against his wife #LoriDaybell due to a previous sealed court order suspending hearings."

ExHXDbNVcAAcDhq




I didn't hear the judge say anything about suspended hearings yesterday, so how does EG know what's in the order, being as it is sealed?? Did we know this and I've just forgotten?
 
  • #706
I’m soooo confused. These sealed court hearings don’t help.

How can one party have suspended hearings when they are part of a joint trial?

And why the heck does she even have suspended hearings?
 
  • #707
I've just seen this tweet from yesterday, by Eric Grossarth/EIN https://twitter.com/ericgrossarth/status/1374116449891934209


"District Judge Steven Boyce determined that veteran homicide attorney Rachel Smith can join the prosecution team against #ChadDaybell. However, it is not yet determined in the case against his wife #LoriDaybell due to a previous sealed court order suspending hearings."

ExHXDbNVcAAcDhq




I didn't hear the judge say anything about suspended hearings yesterday, so how does EG know what's in the order, being as it is sealed?? Did we know this and I've just forgotten?
Its in MMs motion so I assume he got that info by reading the motion. Jmo
 
  • #708
Its in MMs motion so I assume he got that info by reading the motion. Jmo
Aha, I mistakenly assumed that if the judge made an order it would at least have to be noted when they went back on the record, that there was a sealed order, even if they didn't get into the grounds of it. I see it's all top secret then.

I wasn't sure it was clear whose order in which court MM was talking about "Motion is barred (suspended) from hearing as result of previous court order(s)."

Thanks! Reporter EG is right on the ball, as are you!
 
  • #709
Why is it a secret and sealed with MM and LV? I am missing something. Can someone please explain! Please and thank you
 
  • #710
This is speculation on my part but I think it goes back to MM's motion to have Wood disqualified. The judge ruled that he would not disqualify him because he hasn't been determined to have done anything wrong by the Bar (I'm paraphrasing based off of memory) but that if the fact were to change it might influence his decision. Then MM filed his motion for reconsideration, which was denied. He then filed a motion to have the 2/17 hearing delayed, mistakenly thinking that the hearing was on his motion for reconsideration and asked that it be held under seal:

Motion for Status Conference Under Seal.pdf (idaho.gov)

He asked at that time that he be allowed to brief the matter. Since then, his original motion for reconsideration has been removed:

404 - File or directory not found. (idaho.gov)
We then have various things going on under seal. I think part of it may be that the judge has suspended LV's hearings until they can either get through briefings on that or maybe MM filed a complaint against RW with the Bar? IDK for sure, but with all of his continued insistence that RW is a witness and made certain damaging statements to witnesses that this issue has not been closed to his satisfaction. MOO

I do still think however that the ex parte motions and RW's decision to bring in RS means that greater charges are on the horizon and some of that may be contributing to what is going on under seal also.
 
  • #711
<snipped>
So Smith will only be for Chad's Case? But I thought they were going to be tried together? How is that going to work?

Right! The conspiracy to conceal evidence, located on Chad's property, and the only charges that have been filed as of yet. This makes me think Chad has rolled. IMO

This is the best way to handle this, IMO, if indeed, that duct tape points to Lori being directly involved in the murder of JJ, but does not implicate Chad.

The fact that the children were buried on Chad's property points to him being involved in the concealment of evidence, but not necessarily the murder. That charge would stand alone for him. Perhaps more is coming for Lori, which would usurp and combine with the concealment charge?

And so far, nothing about Tammy.

Everyone is expressing their confusion. This is how they could break the case down into less confusing pieces and paint the full picture of exactly what happened. MOO
 
  • #712
But how could Chad walk free from a conspiracy to commit murder.
He was in his property at the time both kids were buried, it's really out there to allege he knew nothing.
 
  • #713
Local update: MM is at the women’s detention center today. Our county is still in high risk for covid cases, not sure what level we’d need to drop to before jury duty resumes.

All jmo moo imo
 
  • #714
The trouble with the duct tape is that Lori's touch DNA should be all over her child, JJ's clothing and what he picked up from the house, her hairs on the carpet and bedding etc. I think it would need to be fingerprints on the tape to be strong evidence. If it's strong glue on the tape it might be hard to peel apart and preserve evidence like finger prints. Hopefully it was shiny plastic tape and not the matt stuff.

MOO
 
  • #715
The trouble with the duct tape is that Lori's touch DNA should be all over her child, JJ's clothing and what he picked up from the house, her hairs on the carpet and bedding etc. I think it would need to be fingerprints on the tape to be strong evidence. If it's strong glue on the tape it might be hard to peel apart and preserve evidence like finger prints. Hopefully it was shiny plastic tape and not the matt stuff.

MOO
I hope there is even better than fingerprints; I hope LVD cut herself while handling either the duct tape or any one of the plastic bags in which JJ was wrapped.

I would just LOVE to see that irrefutable kind of DNA evidence presented in court alongside the video of LVD and CD delivering JJ's and Tylee's belongings to the storage unit they later abandoned (this would be the video that featured CD's playful little smack on LVD's behind... while his wife was still living and probably at work as their family's most reliable provider), those photos of CD and LVD later cavorting on the beach in their wedding wear, and the bodycam video of LVD as she lies with comfortable ease to officers, claiming that JJ is safely away, viewing "Frozen 2" in the care of a close friend.
 
  • #716
But how could Chad walk free from a conspiracy to commit murder.
He was in his property at the time both kids were buried, it's really out there to allege he knew nothing.
It's would be a far stretch to get jurors to believe that it is sheer coincidence that he sent a text to his wife stating that he shot a raccoon, burned it and buried it in the same pet cemetery at the same location that Tylee's burned body was located; you know, the one where Alex's phone was pinging the exact same day...
 
  • #717
I just want to echo, I also have faith in him. I’ve mentioned before he’s done well with past cases. Though this one definitely has a lot of twists and turns. But even Batman needs backup.
All jmo moo imo

Your perspective on that is valuable. Thanks.
 
  • #718
This is MM's objection

Idaho Judicial Cases of Interest

I don't understand the assertion that prosecutor's motion is barred as a result of previous court orders. Does anyone remember anything like that?

Edited to say I take back my theory that she might have confessed and thrown Chad under the bus. There is no way she has, after reading MM's objection.


All righty, then. I am not a lawyer. I consider myself reasonably educated, and a decent reader. Let's see if I can break down MM objections. He lists 6, but there are really only 4.

1) Having a hearing is barred by a previous court order. I don't know anything about this, but it sounds like a good point if it is true. Potentially his best argument.

2) Bringing in this resource is irrelevant to the current charges. This is also a reasonable point, although it might buy him no more than a delay of the hearing.

3) Bringing in this resource is a wasteful use of public money in MM's opinion. I have no argument. He is entitled to his opinion. But...shouldn't his opinion be expressed in a letter to the editor of the local paper, rather than in this motion? If he wrote this to the local paper it wouldn't be as transparently an appeal to stop spending public money on things that could help convict my client. This is unrelated to the proposed hearing.

4) Bringing in this resource is irrelevant to the current charges. This point's reasonableness does not double because it was repeated.

5) Bringing in this resource is a wasteful use of public money in MM's opinion. This point's absurdity is not diminished because it is repeated. I wonder if there is a motion filed for one of Lori's jail-mates along the lines of, "I don't think public money should be spent on an expert to attempt to extract data from a damaged hard drive with bank's surveillance video from the date my client is accused of robbing said bank."

6) Bringing in this resource will force me to draw attention to my belief that the prosecutor will be forced to provide evidence helpful to my client, the defendant. Bringing in this resource will cause the prosecution to be forced to share with the defense information to which the defense would not otherwise be able to obtain. This is...confusing. Which side was he on again?
 
  • #719
Where were Tylee and JJ if Charles was killed immediately after arriving? To me it seems plausible that JJ was in Charles' rental car and that Tylee was told to go join him before the shooting occurred. This way she didn't have to lie about Charles being killed in self defense. I wonder if she really had anything to do with a bat. Lori telling her to lie about it would make her aware of a cover-up. Did Tylee ever believe that Charles was a physical threat to Lori (Lori's sister did)? How about him being a zombie?

Which leads us to...another line of questions...if Tylee told LEO "story", parroted from LVD, and then her life is upended, moving to Idaho. She is old enough, to have potentially confronted LVD...and confrontation with people who are like LVD, is probably not healthy...

It would be interesting to know what kind of person Tylee really was...I wonder if Colby will be testifying at the trial, and for the prosecution?
 
  • #720
Scott Reisch has put up a new video about it. I'm just about to watch it so can't comment on the content.

 
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