Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Tammy Daybell, 49, Sept & Oct 2019 *Arrests* #58

[Diddian]

Part of me really wishes the judge would have continued on, read the charges and asked Lori if she understood them. I would have loved to hear her response. And watched it. Especially because I'm sure she didn't think she needed to have one ready.

Even if the judge has to step carefully where the defendant is concerned to avoid creating an issue that would be successful on appeal, I do wish he'd start holding MM to account.

From what I understand, MM did not have paperwork when he brought up the issue of mental incompetency March 8; he brought it up orally. And, it sounded like he also didn't have the anticipated paperwork on a couple of issues yesterday, including that indicating he is continuing as counsel on the new charges. Seems like it is past time to assign a second attorney who has the competence to get the paperwork done in advance of any hearings. Because at this point, it is all looking like a "drag my feet" strategy.

 

[lonetraveler]

ITA, It was once explained to me that if someone hides a body they know what they did was wrong and therefore don't meet the definition of insanity. It is really a tough hurdle to clear with the courts. It is my opinion that Lori was very sane at the time of the murders and is now. However, I would guess that killing your kids and possibly facing the DP could affect your mental health.

IMO, only if you get caught.

 

[fuzzybutter]

Anyone


I agree she will be tried and she'll be functional enough to assist. I've watched family members rotate in and out of a behavioral health facility for the last few years and have zero concerns about it getting done. I'm more concerned/interested in the impact it will have with keeping CD/LV trial together.

In addition, I'm not really sure what MM wants to gain here. Unless something has changed, JP wanted a separate trial and MM did not. This could potentially change that

I agree with you, she will be tried sooner or later. Your last paragraph made me wonder how much control MM has over his client. This may not be up to him. If she is still writing letters to Chad, praying and dancing all day, he may have had no choice. He absolutely does not want her to get on the stand and start spewing zombie multiple lives etc etc mumbo jumbo. Maybe he thinks this is all he can do. I imagine she a hellish client.

 

[pizzaman12]

Respectfully, I didn't write that she had been found LEGALLY incompetent.

For the time being; however, that IS how the judge is treating this. Upon receiving the determination by a qualified professional that LVD is not competent at the present time to proceed and needs restorative treatment, the judge issued an order that all proceedings involving LVD are stayed.

That means that for the time being, the proceedings stop. It does NOT necessarily mean they stop until that original qualified professional deems LVD competent, but it does mean they stop until the judge becomes satisfied in her competency, however that will happen (e.g., treatment which improves her condition, opinions of another qualified professional, opinions of multiple qualified professionals).

And now, more importantly - because their proceedings are not severed, which means they are being tried together - there is a developing potential conflict between LVD's need to take time for treatment to restore mental competency and CD's right to a speedy trial. Since this was originally brought up March 8, over two months have already passed with this existing conflict and it remains to be seen what CD's attorney will do and what the State will do to resolve it.

ETA: For the record, I think this all smells very "slippin' Jimmy-ish." (Better Call Saul reference). Someone here posted that JP was grinning after they all came out of the March 8 breakout sessions where this issue first came up. Are the attorneys working together to get the proceedings separated so each of the two defendants is tried independently and each can point to the other as the guilty party that manipulated the other?

Fantastic post @Diddian !!! I will note that JP wanted separate and MM wanted them joined. Without question, JP is the better attorney. Maybe during that time, he was able to convince MM/LV why a separate trial would benefit LV.

From the beginning, JP made quick work to distance CD from LV as much as possible. I think JP is smart and helpful to MM but I think he cares about only CD, and rightfully so.

The other aspect is when restorative treatment began and the progress that has been made. Will obviously depend on the time of the assessment but assuming it was remotely around that time frame, I think that first block of 90 days will be in sync with continuing the case together. I'd assume the judge would be provided a pretty up to date report of what they're seeing. When dealing with my family members, there were formal items completed on "x" amount of days but they gave us constant (many times daily) as the what they were seeing, progress, etc...Maybe that's completely different in this case and what is required. I would love to learn more as that segment hits home a bit.

 

[lonetraveler]

Bear in mind that there is no insanity defense in Idaho. The current question is only whether or not Lori is competent to stand trial. You must have a minimum amount of mental function to be able to understand the proceeding and to be able to assist your counsel. That's what is at issue now. Lori will be evaluated and, if necessary, treated. When she is found to be functioning well enough to understand what is happening and to assist her attorney she will be tried.

JMO but I think we all pretty much know that. We are just calling foul play. Many of us have been here for a long time and we have become very familiar with Lori's history. We totally understand how mental evaluations go.

 

[pizzaman12]

I agree with you, she will be tried sooner or later. Your last paragraph made me wonder how much control MM has over his client. This may not be up to him. If she is still writing letters to Chad, praying and dancing all day, he may have had no choice. He absolutely does not want her to get on the stand and start spewing zombie multiple lives etc etc mumbo jumbo. Maybe he thinks this is all he can do. I imagine she a hellish client.

People were shocked when Cristhian Rivera got up there yesterday. If LV testifies, I think every single juror's head would literally explode (hell, maybe that's their defense)

 

[lonetraveler]

Why would they? There's no body to bargain for.

All deals are not made for missing bodies. Sometimes, deals are made for details for the murders, who did what, when and who conspired, as well as the people involved in the planning.

 

[pizzaman12]

Even if the judge has to step carefully where the defendant is concerned to avoid creating an issue that would be successful on appeal, I do wish he'd start holding MM to account.

From what I understand, MM did not have paperwork when he brought up the issue of mental incompetency March 8; he brought it up orally. And, it sounded like he also didn't have the anticipated paperwork on a couple of issues yesterday, including that indicating he is continuing as counsel on the new charges. Seems like it is past time to assign a second attorney who has the competence to get the paperwork done in advance of any hearings. Because at this point, it is all looking like a "drag my feet" strategy.

These were two separate judges. March 8th would have been Boyce and yesterday Eddins.

 

[Tricia]

Hey Everyone,

Hope you'll join us tonight at 10 PM Eastern as we discuss live the events of today in the Vallow case.

Lori is not having a good day and Aimee from the Facebook page True Crime Sushi
Aimee offers her incredible insights and we want to hear what you think about today's developments.
See you tonight

 

[Paulas88]

This plus...who cares if she is mentally ill? The witch killed her children.

She seemed fine in Hawaii?

 

[Caylee Advocate]

Near the 6:34 mark she (LD) says "I am a ticking timebomb" and she was. Hopefully the honeymoon video is one of the states opening exhibits.




A string of family deaths surround tragedy of Lori Vallow’s children

 

[mickey2942]

Well, I actually agree, LVD is definitely "Incompetent". As a mother!

 

[Colorado303]

Yes, her only control is to pretend she can't deal with it..jmo

Bingo!

 

[Laughing]

Now if (Black Widow) Lori is incompetent, does this open the door for the Woodcocks, &/or Tylee's aunt, or Tammy's family, to action against the Gilbert & Chandler PDs?

Charles Vallow said she needed help, IIRC. Tammy Daybell, Charles Vallow, Tylee, and JJ could theoretically all be alive if an agency had accepted Lori's "incompetence" when Mr. Vallow stated that for them....

jmho ymmv lrr

 

[dixiegirl1035]

I wonder if Alyce LaViolette sent her a book on how to feign "how to be not competent", and Richard Samuels was brought in as the psychiatrist for the evaluation (for those familiar with the Jodi Arias case/insert sarcasm)"

 

[lonetraveler]

Well, I actually agree, LVD is definitely "Incompetent". As a mother!

And a wife, and a sister and as a sidekick of a married man.

 

[lonetraveler]

I wonder if Alyce LaViolette sent her a book on how to feign "how to be not competent", and Richard Samuels was brought in as the psychiatrist for the evaluation (for those familiar with the Jodi Arias case/insert sarcasm)"

LOL, oh no, you did not go there. Don't you dare start on Snow White and the seven darwfs.

 

[887sMtreme]

Magic marker?

There are products for that which might be allowed in jail. They are powders or pressed powders applied with brushes. If brushes aren’t allowed, fingers, maybe?

 

[JolietJake]

LV is declared incompetent. Her lawyer is deemed by many, including the prosecuting attorney, to be incompetent in this case. What a pair!

As a side note, I wonder if she will be on suicide watch. CD too.

 

[LinasK]

LOL, oh no, you did not go there. Don't you dare start on Snow White and the seven darwfs.

Well, she'll look like Snow White with her dark hair...