Found Deceased ID - Joshua Vallow, 7, & Tylee Ryan, 16, Tammy Daybell, 49, Sept & Oct 2019 *Arrests* #60

[nhmemorymaker]

I have more than a passing familiarity with the "prepper" types that are being discussed, and where and how Chad and the authors he helped get published got their start. It may surprise you just how pervasive this presence is throughout the Intermountain West and beyond. And how long it's been growing. But this isn't about my personal experiences with said groups. In answer to your question, and as an example in regards to this case specifically, even Sheriff Humphries was unaware of this presence in his area and was genuinely surprised to learn just how big of a movement it is. See 4:50-6:15 of this interview and note that he says Chad "did have a significant following" in the area:

When pushed for details on how big of a following Chad may have had the sheriff took a wild guess and said "more than 10." I'm going to go out on a limb and say he was greatly underestimating (whether intentionally or not) that number.

Now, to be sure, a lot of people have distanced themselves from Chad since this whole ordeal, but believe it or not they're still out there and a lot of them still believe in the crazy stuff Chad and others were preaching. Chad wasn't the first one to start believing that stuff and he wasn't the first to up and move to the area. He up and moved to the area because the "prepper" movement that he was a part of was already well established there and in the surrounding areas. And if you remember from the court proceedings he tried convincing others including MG and DW to buy some property and move into the area. It surely didn't take much to convince LV, AC, and MP to move there either.

Now would I believe there's enough of them around to potentially cause some problems for jury selection? I couldn't answer that, but I would hope not. Then again they very well may be just as upset that Chad's actions are a black mark on their prepper movement. Who knows?

All MOO.

Thanks for posting this "reminder". For those of us who have been on this thread since early on.......... we have had 100s of posts regarding the "preppers", "end of lifers" etc, from people, like you, who knew some or once were one.... And these groups ARE pretty widespread in the greater Northwest.

And "prepper" can be a misnomer anyway. It is clear to me that the LDS doctrines and practices have encouraged and promoted "preparations" for the future to survive...whatever.

My LDS relatives have months and months of sustenance stored and they practice rotation of food supply. Some close to them have been involved in various MLM businesses selling "programs", specifically to the LDS community.

Doomsday preppers put faith in God and plan for the end of all things

So prepping is not always a BAD thing. There are soooo many articles in MSM about these activities...

And some earlier posters who were so familiar with these cults and practices knew more because their parents were involved in such, decades ago. Some who documented were LDS, but not all.

Of course this is my opinion, but the underlying climate of the "Chad and Lori" lifestyle is not that uncommon, or new.

But I feel strongly from what many have said, that it is not outwardly pervasive or common in the overall Rexburg culture or lifestyle. Others, in the past, on this thread have indicated how Rexburg is such a vibrant University town full of culture.

If anything, I would think that Rexburg is going through growing pains with all the far Western states peoples moving in!!!!!
jmo, imo, just for laughs!!

I personally believe that all trials will be fair there............ because of the children.

 

[Ruminations]

Amazon's policy must be "innocent until proven guilty". I believe a court order is required that states a person can not benefit from his crimes. Since CD hasn't yet been convicted of a crime, it seems he can still sell his books. Just me guessing.

Hmmm. Interesting. Chad is despicable. It is painful to see him sell his awful books to followers or the morbidly curious.

Still, a major seller like Amazon deciding not to sell his books has to be their own business decision. If they stopped at the behest of a government agency, it would be a dangerous precedent IMO. It would be a short slide to losing freedom of the press.

I could see a private company making a decision to d/c a product that pushes away customers.

I could see a private company making a decision to d/c a product that they feel exposes them to liability.

But I am troubled by the thought of a gov't deciding an accused person should not publish something or continue distribution of a former publication ... it could lead to arrests and accusations on pretexts to stop publication.

This is my favorite expression of Chad's grandeur. (S). He says with mock self depreciation that he is not creative enough to make his drivel up. All while understating the exceptional powers for seeing beyond the vail. Gosh, what a modest god. (S)

It does not take much creativity to make up stories- and it is hardly original to fantasize that one is special. Get over yourself, Chad. You have the gifts of an average 4 year old, but your ethics are way behind the herd in that age group.

Safe to say, I will not be buying your books.

MOO.

 

[SleuthD-o-doubleg]

So agree. Thats why LVD and CD are a real escape risks at the jail and mental facility, there are possibly PAPs or PAP susceptable people on staff.


Idaho Welcone centers are staffed with people who will cheerfully tell you the earth is 4000 years old and fossils are placed by you know who downstairs.

What do you mean Idaho centers tell you fossils are placed by you know who downstairs? All the ones I’ve been to tell how fossils were formed in the earth through a few different means not placed there by a person.

All jmo moo imo

 

[Boxer]

What do you mean Idaho centers tell you fossils are placed by you know who downstairs? All the ones I’ve been to tell how fossils were formed in the earth through a few different means not placed there by a person.

All jmo moo imo

MOO I guess it depends on which staff member who you talk to.
I just mean fundamentalists there have some beliefs similar enough to CD and LVDs impending second coming story, to be susceptable to the Daybells proclaiming themselves the elite of resurrection.

 

[SleuthD-o-doubleg]

We really have no way of knowing how many clients he has at the detention center. You would hope an attorney has more than one. But he spends a lot of time filing frivolous court papers. IMO. but it does look as though he is there every day with her.
And who knows? The State may be paying him big bucks for his representation. So that means money for every hour billed.

You can search for hearings on the court website here: Search Hearings - iCourt Portal - Online records & payments for the Idaho courts

Then you can search under MM name in different counties that the Madison Women’s detention center support. I personally have not found evidence that would suggest he’s there for anyone other than LVD.

All jmo moo imo

 

[Colorado303]

Maybe I'm naive, but I have never, ever heard of a forensic team "wiping up blood".

Me either. Furthermore, if they had wiped it up as part of a forensic investigation they would have (should have?) explained that in the police report.

 

[Colorado303]

I agree with so much of what is being said by MTW2011- and as a Canadian insurance lawyer (I also teach insurance law), I can absolutely confirm that the policy and the jurisdiction will ultimately drive what happens. Here in Canada though (and I think it is true in the States), all a beneficiary needs to prove is that the person is deceased - the onus then shifts to the insurer to establish that an exclusion applies. The insurer does have the right to compel an autopsy and require that information they need be disclosed. In Canada (and again I think this is true for the US), a bad faith claim will not be successful if the insurer denies the claim based on reasonable evidence - they can be wrong without acting in bad faith. Totally love the consideration you are all sharing - such a thoughtful community facing such an unimaginable horror.

What happens if the body has been cremated? I know a lot of people (myself included) who didn’t even think about filing the life insurance claim until after the funeral and mourning. Is the claim supposed to be made immediately?

 

[Colorado303]

He did not clean the sink. He cleaned up the blood on the floor. Bottom of full page, top of 2nd.

Log into Facebook | Facebook

No mention made as to why he cleaned up the blood on the floor, though it could have been redacted.

Also, you’re correct. He doesn’t say he washed the blood at the sink. He noted blood there but didn’t swab it. Only a picture was taken. ETA (I can’t imagine why they didn’t swab it, but what do I know?)

 

[Colorado303]

new filings:

Filed in Chad's case (I don't know if that was an error when they posted them):

• 06/28/2021 Reservation of Rights and Defenses
• 06/28/2021 Specific Discovery Pursuant to Idaho Criminal Rule 16
• 06/28/2021 Notice to Transfer Trial
• 06/28/2021 Certificate of Service Re: Specific Discovery Pursuant to Idaho Criminal Rule 16

Filed in LV's concealment case:

• 06/30/2021 Declared Motion to Show Cause Re: Contempt for Failure to Comply with Lawfully Served Subpoena
• 06/30/2021 Declared Motion to Show Cause Re: Contempt for Failure to Comply with Lawfully Served Subpoena
• 07/01/2021 Order Vacating Hearing

From the “Reservation of Rights and Defenses” filing (copied below)

Does this mean that MM plans to argue:

a) The court doesn’t have jurisdiction over the crime [12(b)(1)— lack of jurisdiction over the subject matter]

b). the court doesn’t have jurisdiction over Lori Vallow [12(b)(2)—lack of jurisdiction over the person]

c). that the court is an improper venue [12(b)(3)]

d) there’s been insufficient process [12(b)(4)]

and

e). She’s been insufficiently served [12(b)(5)]?

Or is this just a standard filing that doesn’t suggest anything about what MM intends to argue?

********

Mr. Mark L. Means (ISB 7530) Means Law and Mediation
Means – Law
429 SW 5th Ave. Suite 110 Meridian, ID 83642
Telephone: 2087943111
Facsimile: 18662283429
Email: [email protected] Icourt: [email protected] Attorney for MRS. LORI DAYBELL
STATE OF IDAHO, Plaintiff
Vs.
CHAD GUY DAYBELL and LORI NORENE VALLOW
AKA LORI NORENE DAYBELL
CASE NO. CR22-21-1624
RESERVATION OF RIGHTS AND DEFENSES
Electronically Filed
6/28/2021 1:50 PM
Seventh Judicial District, Fremont County Abbie Mace, Clerk of the Court
By: Becky Harrigfeld, Deputy Clerk
IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT STATE OF IDAHO COUNTY OF FREMONT
COMES NOW DEFENDANT, Mrs. Lori Daybell (hereafter DEFENDANT), by and through her Counsel of Record, Mark L. Means of Means Law and provides notice of reservation of rights pursuant to rule 12(b), for the following reason:
12(b)(1): Lack of Jurisdiction over the subject matter; 12(b)(2) Lack of Jurisdiction over the person; 12(b)(3) Improper Venue;
12(b)(4): Insufficiency of process;
12(b)(5): insufficiency of service of process;
12(b)(6): failure to state a claim upon which relief can be granted; Any and all other grounds for dismissal, sanctions, or the like.
RESERVATION OF DEFENSES - 1

Furthermore, Defendant reserves all rights to contest, defend and or assert and any all rights/defenses, and notice of affirmative defenses.
DATED this 28 day of June 2021.
By
Mark L. Means
Attorney
RESERVATION OF DEFENSES - 2


CERTIFICATE OF SERVICE: I hereby certify that the above aforementioned document
was served as identified below DATED this 28
Lindsey A. Blake
Office of the Fremont County Prosecuting Attorney
22 W. 1st. N.
St. Anthony, ID 83445
Telephone: 208.624.4418
Service email: [email protected]
DATED this 28 day of June 2021.
day of June 2021.
x Email
By
Mark L. Means
Attorney
RESERVATION OF DEFENSES - 3

 

[indicolite22]

Prosecutors in Maricopa County will not prosecute Chad Daybell in connection with the death of Charles Vallow.
In a letter from Maricopa County Attorney Allister Adel to the Chandler Police Department obtained by East Idaho News, prosecutors listed "no reasonable likelihood of conviction" in charges of conspiracy to commit murder in the First Degree.
https://www.kivitv.com/news/chad-da...rged-in-connection-to-death-of-charles-vallow

So if for example Chad marked Charles as a zombie in January and monitored his "death percentage" status until the end, but didn't directly participate in his murder, he's off the hook?

 

[montegrl]

From the “Reservation of Rights and Defenses” filing (copied below)

Does this mean that MM plans to argue:

a) The court doesn’t have jurisdiction over the crime [12(b)(1)— lack of jurisdiction over the subject matter]

b). the court doesn’t have jurisdiction over Lori Vallow [12(b)(2)—lack of jurisdiction over the person]

c). that the court is an improper venue [12(b)(3)]

d) there’s been insufficient process [12(b)(4)]

and

e). She’s been insufficiently served [12(b)(5)]?

Or is this just a standard filing that doesn’t suggest anything about what MM intends to argue?

RESERVATION OF DEFENSES - 3

(Snipped for focus)

@GoofyJen explained this earlier in the thread:

1) Reservation of Rights and Defenses. MM states that he is reserving rights to defenses under ICR 12b. ICR12b is actually about pre-trial motions, so I am not sure what effect this type of memorandum has in a court of law when the ICR doesn't apply to the content of the document submitted by MM.
I.C.R. 12. Pleadings and Motions Before Trial - Form of Pleadings - Defenses and Objections. | Supreme Court
The content of this filing is actually taken from IRCP 12, which does not apply in criminal cases.
I.R.C.P. 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Hearings Before Trial | Supreme Court


It appears to be a civil mechanism for notifying a party in a dispute that just because you haven't brought something up yet you are not waiving it as a defense at a later date if that makes sense. MOO

"I reserve my rights!": But do you really? - Osborne Clarke | Osborne Clarke

 

[Boxer]

Thanks for posting this "reminder". For those of us who have been on this thread since early on.......... we have had 100s of posts regarding the "preppers", "end of lifers" etc, from people, like you, who knew some or once were one.... And these groups ARE pretty widespread in the greater Northwest.

And "prepper" can be a misnomer anyway. It is clear to me that the LDS doctrines and practices have encouraged and promoted "preparations" for the future to survive...whatever.

My LDS relatives have months and months of sustenance stored and they practice rotation of food supply. Some close to them have been involved in various MLM businesses selling "programs", specifically to the LDS community.

Doomsday preppers put faith in God and plan for the end of all things

So prepping is not always a BAD thing. There are soooo many articles in MSM about these activities...

And some earlier posters who were so familiar with these cults and practices knew more because their parents were involved in such, decades ago. Some who documented were LDS, but not all.

Of course this is my opinion, but the underlying climate of the "Chad and Lori" lifestyle is not that uncommon, or new.

But I feel strongly from what many have said, that it is not outwardly pervasive or common in the overall Rexburg culture or lifestyle. Others, in the past, on this thread have indicated how Rexburg is such a vibrant University town full of culture.

If anything, I would think that Rexburg is going through growing pains with all the far Western states peoples moving in!!!!!
jmo, imo, just for laughs!!

I personally believe that all trials will be fair there............ because of the children.

MOO think trial will be fair.

 

[montegrl]

FWIW I tried to do a deep dive on the indigency issue last night. It appears MM would be getting a billable rate of somewhere between 50-100 dollars per hour and not his standard legal fees. As of 2007 the rate was below $50 but I'm sure that has probably increased (this was in the book Examples & Explanations for Criminal Procedure II: From Bail to Jail) Some state set out their pricing schedules ahead of time, Idaho does not. The rate seems to be dictated by Idaho section 19-859 (Section 19-859 – Idaho State Legislature):

(4) Contracting with a defending attorney, provided that the terms of the contract shall not include any pricing structure that charges or pays a single fixed fee for the services and expenses of the attorney. The contract provisions of this subsection shall apply to all contracts entered into or renewed on or after the effective date of this act.

The only thing specifically excluded by Idaho is a flat rate fee which often did not pay enough for attorneys to adequately help their clients. A great write-up on Idaho is here: Idaho | Sixth Amendment Center

Idaho does have a commission that oversees public defense and includes standards for them. In my opinion I don't think MM meets those standards with his limited criminal background and a complex case like this one, but they may see it differently. Welcome to Public Defense Commission (idaho.gov)

Here's the standards: Standards-for-Defending-Attorneys_Edition-2018.pdf (idaho.gov)

Not all Idaho counties have public defense offices, but it looks like Fremont County does. It looks like it is fairly common for Idaho to contract with private attorneys to meet their needs. I'm sure there have to be some accountability mechanisms in place to ensure costs are fair, by browsing through the commision website there are audit procedures in place. I don't know how good their oversight is. I know there is a big case going on in Idaho right now where the state has been sued for having inadequate public defense but it hasn't been finally adjudicated yet. MOO

 

[Love Never Fails]

You can search for hearings on the court website here: Search Hearings - iCourt Portal - Online records & payments for the Idaho courts

Then you can search under MM name in different counties that the Madison Women’s detention center support. I personally have not found evidence that would suggest he’s there for anyone other than LVD.

All jmo moo imo

Oh thanks Sleuth! Good information. Should we assume he is always there because this is a huge case, along with making good money? I would think if he was a really bad attorney that Lori would be asking for a court appointed attorney?

What are your thoughts about JP getting Chad to file for divorce and turn on Lori? Is it possible JP talked to the prosecutor in Maricopa County, AZ and offered for Chad to testify against Lori in turn for not being prosecuted? I’ve wondered what people in your area are saying about the case?

 

[Colorado303]

(Snipped for focus)

@GoofyJen explained this earlier in the thread:

1) Reservation of Rights and Defenses. MM states that he is reserving rights to defenses under ICR 12b. ICR12b is actually about pre-trial motions, so I am not sure what effect this type of memorandum has in a court of law when the ICR doesn't apply to the content of the document submitted by MM.
I.C.R. 12. Pleadings and Motions Before Trial - Form of Pleadings - Defenses and Objections. | Supreme Court
The content of this filing is actually taken from IRCP 12, which does not apply in criminal cases.
I.R.C.P. 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Hearings Before Trial | Supreme Court


It appears to be a civil mechanism for notifying a party in a dispute that just because you haven't brought something up yet you are not waiving it as a defense at a later date if that makes sense. MOO

"I reserve my rights!": But do you really? - Osborne Clarke | Osborne Clarke

Thank you. Who’s job is to sit MM down and explain the difference between civil and criminal litigation? If it’s no-one’s job, maybe his law school alma mater should appoint someone to have that chat. You’d think they’d want their graduates to know the difference and behave accordingly.

 

[mommacass]

No mention made as to why he cleaned up the blood on the floor, though it could have been redacted.

Also, you’re correct. He doesn’t say he washed the blood at the sink. He noted blood there but didn’t swab it. Only a picture was taken. ETA (I can’t imagine why they didn’t swab it, but what do I know?)

There could be blood from CV or AC! DNA from those + LV or TR. IMOO

 

[carbuff]

Very early on, I talked a friend who used to be with PAP into letting me into one of their websites so I could look around. (She has since left the group.) I don't have names or numbers but a significant percentage of the active members had relocated into Idaho in the stretch from Idaho Falls up to West Yellowstone, particularly Henry's Flats and the area around Rexburg. These areas were repeatedly mentioned as good places to retreat to to avoid the coming troubles.

They didn't all believe in like apocalypse or anything extreme, but they did all believe that there was going to be a time of turmoil and danger that they needed to be prepared for.

There was also quite a lot about how not to be fooled by false prophets, and the last time I was on the website, CD was being discussed in that context quite a bit. People were outraged. Just because they see the end coming doesn't mean they think it's right to murder people.

 

[LinasK]

No mention made as to why he cleaned up the blood on the floor, though it could have been redacted.

Also, you’re correct. He doesn’t say he washed the blood at the sink. He noted blood there but didn’t swab it. Only a picture was taken. ETA (I can’t imagine why they didn’t swab it, but what do I know?)

And the more I think about it, why would they be checking the floors for dents??? There wasn't anything buried under the floorboards- that I know of- and it certainly wouldn't prove that Charles ever held a baseball bat.

 

[CSIDreamer]

And the more I think about it, why would they be checking the floors for dents??? There wasn't anything buried under the floorboards- that I know of- and it certainly wouldn't prove that Charles ever held a baseball bat.

I think to back up the observation CV was shot again while he was prone. I think the bullet richocheted off the floor. JMO

 

[SleuthD-o-doubleg]

Local update: MM is at the women’s detention center today