ID - Joshua Vallow, 7, Tylee Ryan, 16, Tammy Daybell, 49, Charles Vallow, 62, Oct 2019 *Arrests* #66

[Howl]

The death penalty...I recently (last few weeks?) came across an article discussing the adverse affects on those involved with death penalty cases, especially those in the prison system tasked with carrying out the actual execution.
In my state of Texas, there have certainly been innocent people who were tried, imprisoned and executed.

 

[montegrl]

New in CD's case, maybe we will get a new trial date:

• 1/30/2022 Notice of Hearing
• 12/08/2022 Scheduling Conference
  Judicial Officer
  Boyce (District), Steven
  Hearing Time
  09:30 AM

 

[Niner]

New in CD's case, maybe we will get a new trial date:

• 1/30/2022 Notice of Hearing
• 12/08/2022 Scheduling Conference
  Judicial Officer
  Boyce (District), Steven
  Hearing Time
  09:30 AM

Looks like they are both back on the same date...

 

[887sMtreme]

You may be interested in looking at one of these. One is from 2008 & the other one is from 1998

https://secure.in.gov/ipdc/files/Overview-of-CJP-and-Other-Findings-spring-2010.pdf

https://core.ac.uk/download/pdf/216738153.pdf

The first one highlights a lot of their findings from interviewing jurors after a death penalty trial. The second focuses on “remorse” of the trial strategy on death penalty cases. Likely boring and tough to tread through reading for most but I wanted to share them.

Very interesting! Thanks. I’ll give some time to reading these over the weekend.

 

[Laughing]

Bumping -- can't believe Tylee & JJ (and Tammy & Charles & ....) fell off the first page!!!


cbsnews.com

 

[LovesPeace2]

Looks like they are both back on the same date...

Hopefully this gets to court soon all these delays

 

[montegrl]

Has this been posted? It looks like the judge ruled on Lori Hellis' motions:

• 12/02/2022 Memorandum Decision and Order

 

[squareandrabbet]

Has this been posted? It looks like the judge ruled on Lori Hellis' motions:

• 12/02/2022 Memorandum Decision and Order

The stuff still sealed will doubtless make Lori H's book rather less interesting than it could’ve been; but a cursory glance indicates no surprises in the court's decisions.

 

[Chelly]

Looks like they are both back on the same date...

Are they back to being tried on same date? But what if LV becomes unfit to stand trial again? How many times can she and her team continue to delay?

 

[Niner]

Thursday, December 8th:
*Motions Hearing (@ 9:30am MT) – ID – Joshua Jaxon (JJ) Vallow (7) & Tylee Ashlyn Ryan (16) (JJ last seen Sept. 23, 2019 & Tylee on Sept. 9, 2019, Rexburg; found June 9, 2020 buried in Daybell’s yard in Salem, ID) – for *Lori Norene Vallow aka Lori Norene Daybell (46/now 49) arrested (in Kauai, Hawaii on 2/20/20) & indicted (5/25/21) & re-arraigned (4/19/22) with Count 1 (for Tylee): Conspiracy to commit 1st degree murder & grand theft by deception (for Daybell, Vallow & Alex Cox) & other co-conspirators. Count 2 (for Tylee): 1st degree murder. Count 3 (for JJ): Conspiracy to commit 1st degree murder & grand theft by deception. Count 4(for JJ): 1st degree murder. Count 5 (for Tammy): Conspiracy to commit 1st degree murder. Count 6 (for Tammy): Chad only: 1st Degree murder. Count 7: Lori only: Grand theft (related to social security survivor benefits allocated for the care of minors Tylee & JJ). Plead not guilty. DA will seek DP. Fremont County
Conspiracy to commit destruction, alteration or concealment of evidence charges dismissed without prejudice on 7/29/21. Fremont County
Trial was set to begin on 1/9/23 with jury selection. Trial was vacated on 10/6/22 by Judge Boyce.
Transferred to mental hospital on 6/24/21. Found competent on 4/1/22 & transferred custody (4/14/2) to the Madison County Detention facility. Idaho District Judge Steven W. Boyce suspended the case until Vallow’s competency can be determined on 10/6/22 & her 1/9/23 trial has been vacated. Found competent (again) on 11/15/22.
Arrest & Grand Jury & Court info from 3/5/20 thru 10/28/22 reference post #795 here:
https://www.websleuths.com/forums/t...-vallow-62-oct-2019-arrests-66.631271/page-40
10/31/22 Update: The pretrial conference on 11/9/22 is vacated as Vallow now has a hearing scheduled for 11/9/22 for a competency evaluation review. This comes as her case is currently on hold. The hearing will be held remotely thru telephone or video conference.
11/15/22 Update: A judge has determined that Lori Vallow is once again competent & fit to proceed with trial after a mental health competency hearing last week. The stay on her case is lifted & trial will be rescheduled. 11/17/22 Update: Judge Boyce has denied a request from Daybell's attorney to sever his case from Vallow. Trial will be held together in Ada County. Date has not been set yet.
11/21/22 Update: Vallow-Daybell’s attorneys are asking that Seventh District Court Judge SB “compel” the prosecution to turn over all witness statements in her case. Filed motion. They also wrote that the state does not believe it is required to turn the information over because non-state investigators conducted the interviews. The attorneys countered that the interviews were done “at the request of the prosecuting attorney, conducted in state law enforcement facilities & were observed by & listened to by the prosecuting attorneys,” wrote Jim Archibald & John Thomas.
11/22/22: Motion to Compel - Order compelling the State to turn over all witness statements. 11/23/22: Motion: Comment: to Declare Death Penalty Unconstitutional. Notice of hearing. Motions hearing on 12/8/22 @ 9:30am.
*Madison County: Pretrial conference hearing on 8/17/21 & trial set to begin on 8/30/21 were both vacated.
*AZ – Indicted (6/24/21) & served (6/29/21) with conspiracy to commit 1st degree murder in the death of former husband Charles Vallow. A Maricopa County Attorney’s Office spokeswoman said in June that Lori’s case in Idaho will run its course before she faces the charge in Arizona. Maricopa County

ALSO:
*Scheduling Conference Hearing (@ 9:30am MT) – ID – Joshua Jaxon (JJ) Vallow (7) & Tylee Ashlyn Ryan (16) (JJ last seen Sept. 23, 2019 & Tylee on Sept. 9, 2019, Rexburg; found June 9, 2020 buried in Daybell’s yard in Salem, ID) & Tamara “Tammy” Michelle Douglas Daybell (49) (died on Oct. 19, 2019 at her residence in Salem, ID; dob 5/4/70). – for *Chad Guy Daybell (53/now 54) arrested (6/9/20) & indicted (5/25/21) & charged (5/26/21) & arraigned (6/9/21) with Count 1 (for Tylee): Conspiracy to commit 1st degree murder & grand theft by deception (for Daybell, Vallow & Alex Cox) & other co-conspirators. Count 2 (for Tylee): 1st degree murder. Count 3 (for JJ): Conspiracy to commit 1st degree murder & grand theft by deception. Count 4(for JJ): 1st degree murder. Count 5 (for Tammy, 49, died 10/19/19): Conspiracy to commit 1st degree murder. Count 6 (for Tammy): 1st degree murder. Count 8 & 9: Insurance Fraud (Two counts of insurance fraud related to 2 different life insurance policies he had on Tammy). Plead not guilty. No bond. DA will seek DP. Fremont County
Trial was set to begin on 1/9/23 was vacated (10/28/22). Trial will be held in Ada County. (will last 10 weeks)
Previous charges, Grand jury indictment & Court info from 6/10/20 thru 10/13/22 reference post #801 here:
https://www.websleuths.com/forums/...-vallow-62-oct-2019-arrests-66.631271/page-41
10/16/22 Update: Pretrial hearing on 11/9/22 was vacated. Motions hearing regarding to sever case on 11/10/22. 10/28/22 Update: Judge Boyce granted John Prior’s motion for continuance of trial. Has more evidence to review. No change in motion to sever cases.
11/10/22 Update: Daybell’s defense will be “diametrically” different from his wife’s & their trials should be held separately, his attorney says. Their death penalty cases are conjoined, but during a hearing with District Judge Steven Boyce at the Fremont County Courthouse on Thursday morning, John Prior, Chad’s attorney, argued they need to be severed. “Our version of the facts of this case will differ greatly from what Ms. Vallow & her legal counsel are going to be presenting,” Prior said. “Our defense is diametrically different than Ms. Vallow’s & the cases need to be separated.” Prior mentioned that Chad has waived his right to a speedy trial while Lori has not. Her case is on hold until her mental competency can be determined. A hearing was held on that issue Wednesday afternoon, but it’s unknown what occurred as proceedings were sealed. Blake argued joint trials are preferred for multiple reasons including minimalizing the risk of inconsistent verdicts, efficiently using court, government & witness resources & they can prevent gamesmanship. Blake suggested one solution to potential problems could be having two juries in session during the joint trial – one for Lori & one for Chad. If witness or evidence issues were raised that did not apply to one defendant, that particular jury could leave the courtroom. Boyce asked if there had been confessions to the crimes from either Chad or Lori. Blake & Prior both said they were unaware of any. The judge said he will consider the motion to sever & issue a written order at a later date.
11/17/22 Update: Judge Boyce has denied a request from Daybell's attorney to sever his case from Vallow. Trial will be held together in Ada County. Date has not been set yet. 11/30/22 Update: Next scheduling conference hearing on 12/8/22 @ 9:30am.

 

[MTW2011]

Full filing can be found via Court’s website here @
https://coi.isc.idaho.gov/docs/case/CR22211623/cr22211623_Memorandum_Decision_and_Order.pdf

It appears to me that Attorney/Author Hellis didn’t fully get her Motion granted by the Judge, and JMHO he called her out on a few specific things. near the start of his analysis he claims that Hellis never once filed a public records request herself; that they could not locate anything other than her Motion and filings related to it. To me, that immediately discouraged me; if that is the truth what are we to base everything else she says on? Just thinking out loud but if she claims everything has been sealed, but hasn’t submitted a request to verify that; I was just disappointed I guess.

The Judge then goes line item by line item explaining his ruling for each. There are many instances where the Judge said “this was already a public document”. There were some that he noted were still sealed and made in error, and others that he ruled would remain Sealed under ICR at least for the time being. I don’t know about others but I took what she said at face value, to hear that she never once submitted a request for any records was somehow disappointing to me. To then hear that several of the records she asked for were already public increased my disappointment. In all of this I didn’t expect the Judge to unseal everything but I really saw her as the kind of gentle bulldog going in and making waves and trying to make something known and fixed for all of us in the public and media. That she was taking on this courageous fight, and she said recently she isn’t giving up on this and not stopping here so I wonder what may be next.

TL;DR- Attorney/author Hellis gets partly denied and partly granted in her Motion. 33 of out 98 documents she asked for were already public.

 

[Gardenista]

Hidden True Crime

@hiddencrime

BREAKING: April 3, 2023 is set for the Daybell/Vallow trial. Hearing is still going … I’ve confirmed from a source that both Lori and Chad are there and “[are looking] at each other a lot.”

 

[indicolite22]

Hidden True Crime
@hiddencrime

BREAKING: April 3, 2023 is set for the Daybell/Vallow trial. Hearing is still going … I’ve confirmed from a source that both Lori and Chad are there and “[are looking] at each other a lot.”

Interesting. If Chad was trying to distance himself from her, he wouldn't be looking in her direction. (IMO)

 

[Chelly]

Hidden True Crime
@hiddencrime

BREAKING: April 3, 2023 is set for the Daybell/Vallow trial. Hearing is still going … I’ve confirmed from a source that both Lori and Chad are there and “[are looking] at each other a lot.”

@Niner

 

[Gardenista]

Contrary to my earlier post

Daybells appear in court together for the first time; trial date set - East Idaho News

ST. ANTHONY – After being found competent for trial, Lori Vallow Daybell was back in court Thursday together for the first time with her husband Chad Daybell to discuss multiple motions, including setting a new trial date. District Judge Steven Boyce heard arguments from both Daybells’ lawyers...

www.eastidahonews.com

He looked emotionless and stared blankly ahead throughout the hearing. Neither of the Daybells so much as glanced in each other’s direction, even as Chad left the courtroom after the trial date was set.

 

[squareandrabbet]

Full filing can be found via Court’s website here @
https://coi.isc.idaho.gov/docs/case/CR22211623/cr22211623_Memorandum_Decision_and_Order.pdf

It appears to me that Attorney/Author Hellis didn’t fully get her Motion granted by the Judge, and JMHO he called her out on a few specific things. near the start of his analysis he claims that Hellis never once filed a public records request herself; that they could not locate anything other than her Motion and filings related to it. To me, that immediately discouraged me; if that is the truth what are we to base everything else she says on? Just thinking out loud but if she claims everything has been sealed, but hasn’t submitted a request to verify that; I was just disappointed I guess.

The Judge then goes line item by line item explaining his ruling for each. There are many instances where the Judge said “this was already a public document”. There were some that he noted were still sealed and made in error, and others that he ruled would remain Sealed under ICR at least for the time being. I don’t know about others but I took what she said at face value, to hear that she never once submitted a request for any records was somehow disappointing to me. To then hear that several of the records she asked for were already public increased my disappointment. In all of this I didn’t expect the Judge to unseal everything but I really saw her as the kind of gentle bulldog going in and making waves and trying to make something known and fixed for all of us in the public and media. That she was taking on this courageous fight, and she said recently she isn’t giving up on this and not stopping here so I wonder what may be next.

TL;DR- Attorney/author Hellis gets partly denied and partly granted in her Motion. 33 of out 98 documents she asked for were already public.

...do we know they were public at the time LH asked, though? Just playing devils advocate... also, maybe it's de rigueur to ask for everything all at once.

If it's just a record keeping/legal convention; I'd hate for people to assume all kinds of negative character inferences over something bland and standard.

 

[Kemug]

Aren't the Daybells "celebrating" a wedding anniversary about now?

 

[Laughing]

Aren't the Daybells "celebrating" a wedding anniversary about now?

Party via Portal If You Are Immortal!

 

[Colorado303]

Hidden True Crime
@hiddencrime

BREAKING: April 3, 2023 is set for the Daybell/Vallow trial. Hearing is still going … I’ve confirmed from a source that both Lori and Chad are there and “[are looking] at each other a lot.”

In this hearing, Jim Archibald argued that Lori had not waived her right to a speedy trial, that she was entitled to a trial no later than Feb 21,2023 and if her trial didn’t start by then he’ll file a motion to dismiss.

Why would Judge Boyce take that risk and wait another two months? Can someone remind me what the speedy trial exceptions are in Idaho law?

On the other hand, Chad’s attorney argued that they need much more time to process the discovery they’ve received in order to provide a proper defense, no sooner than october 2023 and possibly as late as 2014. Seems to me the April date also gives Chad solid grounds for appeal should he be found guilty, which could result in a new trial.

I’m concerned Boyce’s primary goal seems to be maximizing efficiency of time and money by trying Lori and Chad together, rather than ensuring justice is served. And instead of a single combined trial for Lori and Chad he’s setting the stage for trying Chad twice and letting Lori off completely.

Someone please reassure me that I’m unduly concerned.

From the East Idaho News article posted by @Gardinista titled “Daybells Appear in Court Together for the First Time.”:

One of Lori’s lawyers, Jim Archibald, argued that since she hadn’t waived her right to a speedy trial, the court needed to set a date as soon as February 2023.

“For purposes of trial, my client has not waived her speedy trial. By our calculation, we cannot agree to anything past Feb. 21, 2023,” said Archibald. “The court needs to set our client’s jury trial for that time. If it’s after, then we believe her speedy trial rights have been violated, and we will file a motion to dismiss the case.”

 

[Niner]

I read on the Hidden Crime tweets that the next hearing is on 2/14/23 - is that correct??

@montegrl