Found Deceased ID - Joshua Vallow, 7, Tylee Ryan, 16, Tammy Daybell, 49, Charles Vallow, 62, Oct 2019 *Arrests* #65

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  • #541
As @MTW2011 reported upthread, in some previous cases Archibald has insisted his client’s receive their right to a speedy trial. Here the ramifications are particularly interesting since Chad waived his and has already had a trial date set 3 months later than the State’s “speedy trial” deadline for Lori. Requiring JP to move Chad’s up to meet Lori’s trial date cuts the trial prep time he’d have left by a full third. If Prior objects to moving it up (and I expect he will) but is forced to move it up anyway I’d think there would be concern Chad would have grounds for appeal if found guilty.

SBM- Can't really argue that it wasn't enough time. JP already stated his preference would be to start in Oct. 2022 and lost that. The state wanted 97 more years to prepare. He felt he's had enough time (and the state) to prepare and that CD deserved the opportunity to present his case and not wait even longer. He even commented in regards to JA wanting 1-2 years that it was 10 months out (if he successfully got the Oct. trial date) and that was more than sufficient time to prepare for this case.

See 7:38 for preference of Oct. start date
 
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  • #542
Not a lawyer either but I could see this being the case. A plea deal on the horizon is the only benefit I could see to her choosing not to enter a plea / her attorney entering a "not guilty" plea for her.

If I recall, the State intends to seek the death penalty for Chad's case but seeing as LVD was still not competent at the time this was stated, and her case was stayed, do they need to file anything stating whether or not they'll be seeking the same for her? Wasn't there a limited amount of time the prosecution has to do that from the time someone's arraigned?

JMO I could see a plea deal being entertained by LVD and her attorneys if it keeps the death penalty off of the table for Lori.
The state has the same amount of time to declare if they’ll seek the dealth penalty as they did w/Chad (I believe it’s 60 days) and according to Scott Reisch’s podcast the clock started ticking yesterday.
 
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  • #543
SBM- Can't really argue that it wasn't enough time. JP already stated his preference would be to start in Oct. 2022 and lost that. The state wanted 97 more years to prepare. He felt he's had enough time (and the state) to prepare and that CD deserved the opportunity to present his case and not wait even longer. He even commented in regards to JA wanting 1-2 years that it was 10 months out (if he successfully got the Oct. trial date) and that was more than sufficient time to prepare for this case.

See 7:38 for preference of Oct. start date
If both defense teams are on the same page regarding an early trial, the prosecution will just have to get ready. Are they still processing evidence?
 
  • #544
SBM- Can't really argue that it wasn't enough time. JP already stated his preference would be to start in Oct. 2022 and lost that. The state wanted 97 more years to prepare. He felt he's had enough time (and the state) to prepare and that CD deserved the opportunity to present his case and not wait even longer. He even commented in regards to JA wanting 1-2 years that it was 10 months out (if he successfully got the Oct. trial date) and that was more than sufficient time to prepare for this case.

See 7:38 for preference of Oct. start date
That’s a good point. At the time I believed an unspoken JP motive was allowing Chad to be tried without Lori’s attorney’s casting aspersions in his direction. Severing the trials or trying the case while LV was still incompetant would each accomplish that. It will be interesting to see if JP now claims to need every minute of his 9 months to prepare for trial.

I hope the State is paying attention to what happened in Colorado with the Morphew trial, where repeatedly missing deadlines and constantly insisting they needed more time resulted in the judge denying expert witnesses because they were presented late. The State said these disqualifications essentially were the same as a dismissal, and yesterday the prosecution withdrew their case against Barry Morphew.

Clearly they are two different cases but Morphew is a good reminder that making your judge angry is seldom ever a good thing.
 
  • #545
I agree. He looked as if he was ready any second to belt out a hearty "R-i-b-b-e-t!"

Actually, seeing Prior and Chad side-by-side at the defense table, I distinctly heard a double "R-i-b-b-e-t"! I'm also reminded of the Everybody Loves Raymond "She Ate A Fly" episode x's two :D
 
  • #546
If both defense teams are on the same page regarding an early trial, the prosecution will just have to get ready. Are they still processing evidence?

they may not be processing evidence but they surely (IMO) have been distracted / focused on fighting where the jury comes from and where the jury will be. They’ve been busy preparing numbers for their clerk to read off during their testimony and focused on arguing all this stuff about the jury. Now I imagine soon they’ll be focused on fighting whether or not the cases can stay together and how they’re going to ensure they’re not violating any rights of either of the defendants but still operate within the law, within the timeframe that Lori is entitled to for her speedy trial, etc.

Just my 2cents, but I’ve thought their focus has been misplaced for quite awhile now. I was second-hand embarrassed when their clerk yesterday admitted openly that some of the very numbers the Prosecution was using as support for their argument were numbers they just “gave” to her. I was also disappointed when it became really clear they sought out some price estimates from just ONE comp y (the transportation company that would move jurors)…..if the State is truly so concerned about saving money & fiscal responsibility…..wouldn’t you seek out a quote from AT LEAST one more company? not only did they stop at one company for their price estimate, they didn’t think there was any issue in just bringing one estimate in….
It gave Prior multiple instances where he could object, some of which were overruled and some sustained.
 
  • #547
Yes, I agree - but in Alex's case we have to consider how his blood clot was so perfectly timed. JMO

Sorry, my brain is getting old and forgetful. Perfectly timed for what? I'm remembering it was about when TD was exhumed, which doesn't really seem like a crisis moment, but maybe I'm forgetting something?
 
  • #548
Have we ever met or know anything about JJs biological parents? I know it’s Charles nephew but beyond that.
 
  • #549
they may not be processing evidence but they surely (IMO) have been distracted / focused on fighting where the jury comes from and where the jury will be. They’ve been busy preparing numbers for their clerk to read off during their testimony and focused on arguing all this stuff about the jury. Now I imagine soon they’ll be focused on fighting whether or not the cases can stay together and how they’re going to ensure they’re not violating any rights of either of the defendants but still operate within the law, within the timeframe that Lori is entitled to for her speedy trial, etc.

Just my 2cents, but I’ve thought their focus has been misplaced for quite awhile now. I was second-hand embarrassed when their clerk yesterday admitted openly that some of the very numbers the Prosecution was using as support for their argument were numbers they just “gave” to her. I was also disappointed when it became really clear they sought out some price estimates from just ONE comp y (the transportation company that would move jurors)…..if the State is truly so concerned about saving money & fiscal responsibility…..wouldn’t you seek out a quote from AT LEAST one more company? not only did they stop at one company for their price estimate, they didn’t think there was any issue in just bringing one estimate in….
It gave Prior multiple instances where he could object, some of which were overruled and some sustained.

I had to stop watching. I can't believe they showed up to this hearing with something so poorly done. They've struggled this entire time and have only gotten worse. I just hope that the evidence is overwhelming as I don't want to rely on the prosecution's ability.

Another thing that stands out to me is how much the entire prosecution struggles to speak. These are not first year lawyers. Like him or not, JP has done an excellent job for CD and speaks clearly and confidently. I will say as I have in the past, we'll see if he'll adjust his style for the trial. Most jurors would be put off by his his style.
 
  • #550
Sorry, my brain is getting old and forgetful. Perfectly timed for what? I'm remembering it was about when TD was exhumed, which doesn't really seem like a crisis moment, but maybe I'm forgetting something?
It's interesting that, according to IP, Lori and Chad didn't believe that Tammy would be exhumed, nor that the FBI would get involved in the case. It doesn't appear they were in a hurry to kill off Alex unless there was a quick change of plan. OTOH, he was having breathing issues for a week before his death.
 
  • #551
JP telling the prosecutors that he didn’t choose to make this a capital murder trial they did….well nope because in all reality his client without a shred of doubt helped plan, hide and possibly even committed the actual murders with his own two hands of his wife and TWO children . That’s called capital murder. I really thought by now they’d have already turned on one another this reminds of the murder and disappearance of Heather Elvis when I really thought it was only going to matter of time when Sidney turned but they haven’t still . In hindsight I see my mistake because if a husband who was having an affair but chose to stay in his marriage and to make it up to his wife chose to go to Walmart purchase a cheap pregnancy test and cigar , sit outside of her housing waiting on her to come home, call her , then show up with his wife to bully her into a pregnancy test which ended with her being murdered and hiding her body. ALL OF THAT is Sidney’s fault . If a man is willing to do all of that for you the probability is high that he would never turn on you . If only he had that faithfulness to begin with then Heather would still be alive and well.
 
  • #552
It's interesting that, according to IP, Lori and Chad didn't believe that Tammy would be exhumed, nor that the FBI would get involved in the case. It doesn't appear they were in a hurry to kill off Alex unless there was a quick change of plan. OTOH, he was having breathing issues for a week before his death.

Yeah. Classic truck driver blood clot.

(This has happened in my family, though fortunately not fatal to the driver.)
 
  • #553
I had to stop watching. I can't believe they showed up to this hearing with something so poorly done. They've struggled this entire time and have only gotten worse. I just hope that the evidence is overwhelming as I don't want to rely on the prosecution's ability.

Another thing that stands out to me is how much the entire prosecution struggles to speak. These are not first year lawyers. Like him or not, JP has done an excellent job for CD and speaks clearly and confidently. I will say as I have in the past, we'll see if he'll adjust his style for the trial. Most jurors would be put off by his his style.
From what I’ve seen in hearings and such, this prosecution doesn’t care about winning or prosecuting these cases. They look to me like they are there just to receive their paychecks. And I have always wondered why?

Regarding the whole case, would anyone have sought justice were it not for JJ’s grandparents?
 
  • #554
  • #555
With her hair in a bun, and reading a bible.

Yup, or rather, the Book of Mormon. As to her outfit, at least I was right about the blue blouse. LOL
 
  • #556
I can't imagine the horror of seeing my daughter being tried for murdering her own children. I wonder how Lori's mother is feeling?

I’m not sure she knows what real feelings are.
 
  • #557
  • #558
Has Lori even once said she is not guilty of these crimes, even at her arraignment she stayed silent on the the matter?
 
  • #559
Yeah. Classic truck driver blood clot.

(This has happened in my family, though fortunately not fatal to the driver.)

I am really on the fence about AC.
1. An autopsy found nothing.
2. We never found out if he had a life insurance policy.
3. Did he actually feel like LVD and CD left him, and everything was going to come down on him?

Maybe stress killed him. Or some esoteric poison? I don't know. I did find it strange that Zulema's son didn't even know who he was, or that he was married to his mother. That 911 call was odd.

JMO.
 
  • #560
I am really on the fence about AC.
1. An autopsy found nothing.
2. We never found out if he had a life insurance policy.
3. Did he actually feel like LVD and CD left him, and everything was going to come down on him?

Maybe stress killed him. Or some esoteric poison? I don't know. I did find it strange that Zulema's son didn't even know who he was, or that he was married to his mother. That 911 call was odd.

JMO.

That's an interesting thought about stress. It certainly could make any health problems a lot worse. And yeah, I think he was definitely being shunted out of the inner circle. I wonder what he thought about what appears to have been an arranged marriage?
 
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